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1. General
These conditions of sale form part of quotation made by us and also apply to the sale of all items included in the current catalogue. These conditions of sale are binding and no variation or cancellation will be accepted unless agreed to by us in writing.
2. Validity
Unless otherwise stated by us in writing, any quotation will be valid for 30 days from the date of quotation. Prior to the receipt of acceptance, the quotation is subject to change or withdrawal by us in writing.
3. Scope
The quotation includes only those goods and services as specified therein. Goods offered ex-stock are subject to prior sale. Delivery times quoted are approximate only and actual delivery times should be determined at the time of placement of an order.
4. Information and Drawings
All descriptive specifications, illustrations, drawings, data, dimensions and weights contained in our catalogues and literature are typical only and are subject to change without notice. These details do not form part of a quotation unless specified by us in writing.
5. Packing
All products will be delivered in packing to our normal standard practice.
Variation to this packing will be charged for and form part of our quotation.
6. Prices
Prices charged are the prices relevant at the date of dispatch unless written arrangement has been made for price variation. Where prices have been quoted on a quantity purchase we reserve the right to re-negotiate the quoted prices if the total quantity is varied.
7. GST & Government Imposts
The prices quoted do not include GST and government imposts unless specifically stated in writing in the quotation. The payment of these charges is to your account.
8. Terms of Payment
When a credit account has been established with us all prices are strictly nett and are payable 30 days after the end of the month in which the invoice was raised, irrespective of when the order was received by the customer, unless stated otherwise in quotation or agreed to in writing.
We reserve the right to refuse extension of credit. Tooltechnic Systems (Aust) Pty Ltd subscribes to the credit reporting provider Veda Advantage and reserves the right to notify this entity if credit account terms are breached.
9. Recovery of Collection Costs
If you default in payment of any invoice when due, you shall indemnify us from and against all sellers costs and disbursements including Debt Collection costs incurred for the recovery of debt on your account.
10. Warranty
Should any goods become defective due to faulty design, workmanship or materials within (12) calendar months of date of invoice then we will make good by repair, or at our discretion by the replacement of the faulty goods.
This warranty is void if the product is used outside specification, is modified, subject to excessive wear, or is used for a purpose for which it is not designed. The warranty covers repair or replacement and dispatch to the point of original delivery free of charge. Except as specifically provided in these Conditions of Sale; there are no other conditions or warranties expressed or implied provided however, that nothing in the conditions shall restrict, exclude or modify and condition or warranty implied by any legislation which both implies conditions or warranties and provides that such conditions or warranties may not be excluded where and to the extent that such legislation is applicable.
11. Liability of Supplier
Notwithstanding of any other provision of this contract we shall not be liable for any loss of profit or of contract however arising nor shall we be under any liability where in contract, tort or otherwise nor for any injury, damage or loss save as expressly provided in the contract. Where the goods to be provided by us are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then our liability for a breach of condition or warranty implied by the Trade Practices Act 1974 (other than a condition of warranty applied by Section 69) shall be limited to the repair of the goods, or at our option, the replacement of the goods or the supply of equivalent goods.
12. Legal Requirement
Except as may otherwise agreed by us, the contract shall be governed by the laws of the Country, State or Territory in which we can accept your order.
13. Variation
If an order is varied then the variation must be accepted by us in writing and we shall be indemnified against any loss or damage incurred by you.
14. Retention of Title
All goods supplied by us to you remain our property until all debts owing by you to us have been paid and notwithstanding that payments may be made for the purpose of settlement of specifically designated claims.
Until payment of all debts owing as aforesaid, you may sell the goods in the ordinary course of your business, as our fiduciary and agent (but you must not hold yourself as such), and may for the purpose of such a sale part with possession of the goods. The goods shall be at your risk on delivery and you shall, at your cost, insure the goods in our name against such risks as a prudent owner of the goods would insure, and for their full insurable value. These provisions apply notwithstanding any arrangement under which we provide credit to you. To the extent there is any inconsistency, these provisions prevail. We may recover the price of the goods by action and may file an application for the employment of a liquidator of you, if the goods are not paid within our usual credit terms or any separate arrangement for credit made with us, notwithstanding that property in the goods has not passed to you. Until payment of all debts owing to us, we may, without prejudice to any of our other rights, without prior notice, retake and resume possession of any goods which remain our property and, we or our servants and agents may enter upon your premises, or any other place where the goods may be for that purpose, if:
(a) there is any breach of any contract between you and us;
(b) you commence to be wound up or are placed under any form of external administration under the Corporations Act;
or
(c) you part with possession of the goods or any of them otherwise than by sale to a customer in the ordinary course of business
15. Product Returns
Returned goods will only be accepted for credit if they are accompanied by a Tooltechnic Systems Return Authorisation and the item and its packaging is returned in resaleable condition. Goods returned without Return Authorisations or not in resaleable condition will be returned to the sender. A Return Authorisation will be issued at our discretion and Return Authorisations issued for reasons other than errors caused by Tooltechnic Systems (Aust) Pty Ltd will be subject to a rebooking fee of 15% of the nett value of the invoice. All goods specifically manufactured for customer requirements will not be accepted for credit unless specifically agreed to in writing.
16. Delivery
Orders with a nett invoice value above $500 + GST will be delivered free into store for account customers. Orders below $500 nett invoice value attract a delivery fee of $13 + GST. Delivery fees to NT are available on request. Spare Parts: Delivery fees for orders below $350 + GST consisting of spare parts ONLY incur a delivery fee of $6.50 + GST. Overnight and weekend delivery charges are available on request.
17. Repair Services and Lien
Tooltechnic Systems (Aust) Pty Ltd charges for repair services at a rate of $65 per hour + GST + the price of parts used in the repair and delivery fees if applicable. A quotation fee of $30 + GST will be charged to disassemble and prepare a quotation for the customer. If the customer accepts the quotation to repair the item the quotation fee will be waived. If a customer does not wish to accept the quotation the item will be returned disassembled. TTS has a general lien on all items submitted to Tooltechnic Systems (Aust) Pty Ltd for repair by the customer for all charges which are due or become due. If the charges are not paid and/or the item is not collected by the customer, Tooltechnic Systems (Aust) Pty Ltd has the right to sell the item and apply the proceeds to discharge the lien and the costs of sale.
18. Recommended Retail Price (RRP)
TTS Regularly prepares promotional documentation which includes a recommended retail price (RRP). Recommended retail prices are provided as a guide to end users customers only. By providing a RRP, TTS does not intend to influence or direct the pricing policy of our distributors.
19. On Selling
It is not permitted for any dealer partner to on-sell to any other non- dealer partner without prior written consent from TTS.
Tooltechnic Systems (Aust) P/L
ABN 85 090 458 576
63-65 Quantum Close
Dandenong South VIC 3175
PO Box 4401
Dandenong South VIC 3164
Tel: 1800 063 900
Fax: (03) 9799 9766
Email: sales@tooltechnic.com.au
Website: www.protool.com.au |
