These Terms and Conditions are
Technilux Pty. Ltd. (ABN 69 065 653 885) a company incorporated in Australia and having its registered office at Unit 18 Norcal Road, Nunawading VIC 3131, Australia ("Supplier")
all transactions between the customer ("Purchaser")
1. Any order placed by the customer incorporates these terms and conditions and in the event of conflict or inconsistency between these conditions and those which may be included in, or implied by, any document forming part of an inquiry, specification, order or contract then these conditions shall prevail except in so far these conditions are expressly varied by the Supplier in writing or otherwise by law.
The completion of the account application document will bind the Purchaser to the same terms and conditions for all companies within the Suppliers group of companies.
2. The Supplier quotation does not constitute an offer to sell or oblige the Supplier to sell, and the Supplier reserves the right to accept or reject any order. Notwithstanding the prior acceptance of any order, the Supplier may refuse to complete that order without payment of compensation or damages if the Purchaser becomes insolvent or is placed into liquidation (whether voluntarily or otherwise) or if an application is made for the winding up of the Purchaser or execution is levied against any of the goods and chattels of the Purchaser.
Where a receiver Manager or Administrator is appointed the Directors must advise the Supplier in writing within 1 working day. Furthermore all of the Suppliers stock within the Purchasers control will be immediately returned to the Supplier in accordance with clause 14 below.
3. Any variation or termination of an order will only be binding upon the Supplier if accepted by the supplier in writing as a condition of acceptance, the Supplier may require the payment by the Purchaser of damages suffered by the Supplier and arising out of such variation or termination.
4. All prices are subject to change without notice and all orders are made by the Purchaser and accepted by the Supplier on the condition that they will be invoiced at the prices ruling at the date of dispatching. All prices are strictly net unless otherwise stated.
5. All prices for imported goods quoted are based upon F.O.B price of the Suppliers source and the rates of exchange, freight, insurance and customs or Primage duty ruling at the date of quotation. The quoted prices may be varied by the same amount by which the Suppliers actual costs have been varied as a result of any change in the said rates.
6. Unless otherwise stated, all prices include packing in accordance with the Suppliers standard practice, but other packing requested by the Purchaser and all costs incurred in connection with the delivery of the products to the Purchaser will be charged for in addition to the price.
7. All amounts expressed or described by the Supplier are GST exclusive amounts. If any GST (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time, ‘GST’) is payable by the Supplier in respect of the supply of any goods or services or any other things to the Purchaser, then the amount expressed or described in the invoice (‘Original Amount’) is to be increased so that the Supplier receives an amount (‘Increased Amount’) which, after subtracting the GST liability of the Supplier on that Increased Amount, results in the Supplier retaining the Original Amount after payment of that GST liability. The Supplier will do all things reasonably available to it to minimize any increase in any Original Amount under this clause, and will do all things reasonably available to it to assist the Purchaser to claim on a timely basis any input tax credits (if any) the Purchaser may be entitled to claim for any acquisition of goods, services, or any other thing from the Supplier. This includes the Supplier maintaining its registered status for GST purposes, and issuing tax invoices for supplies made on a timely basis as reasonably requested by the Recipient.
8. Any times quoted for delivery are estimations only and the Supplier shall not be liable for any costs, expenses, losses, damages or demands made or suffered by any person or persons whomsoever and arising out of any delay in delivery caused or contributed to by any circumstances of whatsoever nature outside the Suppliers control including in particular but without limiting the generality of the foregoing fire, flood, explosion, strike, lockout or other industrial act or dispute or the breakdown of or accident to plant unavailability or shortage of labour or transport facilities or act of God or any order or direction of any local, state or federal government or government authority or instrumentality.
The supplier takes all care but no responsibility in regard to wrongly delivered goods and late deliveries. The Supplier will change over at its cost goods that have been wrongly delivered. The Suppliers will not entertain any claims or accept liability for compensation resulting from wrongly delivered or late arrivals. At the point of order receipt the supplier may quote a delivery date or time, however this is understood to be an indication only, and cannot be relied upon. Furthermore any delay in delivery shall not excuse or relieve the Purchaser from his obligation to accept or pay for the products.
9. The Supplier reserves the right to deliver the products by installment shall be deemed to have been sold under a separate contract. Failure to deliver any installment shall not entitle the Purchaser to repudiate the contract.
10. If delivery of the products is subject to release by the Supplier, the agreed prices set forth in an order shall only apply if the quantity is released in accordance with the release requirements of that order, or when no release requirements are specified, if a lesser amount is so released or so supplied, the Supplier’s standard prices for the quantity released or supplied at the time of the order or, at the Supplier’s option, at the time of consignment shall apply.
11. Goods offered ex stock by the Supplier are subject to prior sale.
12. Risk passes to the Purchaser upon the dispatch of the products and the Purchaser bears the risk of loss or damage in transit.
13. If the purchaser neglects, fails or refuses to accept delivery of the products or any part thereof, the Supplier shall be entitled to present invoices to the Purchaser for payment and, at its option to arrange suitable storage of such products at its premises or elsewhere and all costs of and incidental to such storage including the cost of storage insurance, demurrage, handling and other charges shall, in addition to the price, be paid by the Purchaser to the Supplier upon demand.
14. Notwithstanding that the products shall be at risk of the Purchaser, property in and title to the products shall remain with the Supplier until they have been paid for by the Purchaser. In case of non-payment, the Purchaser hereby grants to the Supplier an irrevocable authority to recover possession of the products and for that purpose to enter, by itself or its duly appointed servants or agents, upon any premises upon which the products are located.
15. All invoices are strict net 30 days, unless otherwise agreed in writing by the Supplier and payment in full on or before the last day of the month following the month in which the products were invoiced.
16. If default is made in the payment of any moneys due and payable to the Supplier, the Purchaser agrees to pay to the Supplier in addition to any such money interest on the amount in default at a rate 2% above the rate for the time being prescribed under the Penalty Interest Rates Act 1983 computed from the date upon which those moneys became due and payable until the date on which they are paid in full, such sum not being a penalty, but a genuine predetermined estimate of damage in those circumstances. Payment will be credited first against interest accrued.
17. Products can be returned to the Supplier and the price therefore credited to the Purchaser but only if:
a) The purchaser, within 48 hours after the receipt of the products, notifies its reason for return of the products to the Supplier.
b) The Supplier agrees to accept the return of the products.
c) The products together with, the delivery docket showing the Supplier authorization reference number are returned to the Supplier within 14 days after the receipt by the Purchaser of the products.
d) The Purchaser accepts liability for and pays to the Supplier handling charge equal to 20% of the invoice value of the products returned to the Supplier.
18. Unauthorized returns will be reconsigned to the Purchaser freight collect.
19. No warranty is offered by the Supplier and the liability of the Supplier for a breach of a warranty implied by statute (other than the liability of the Supplier where the products are a kind ordinarily acquired for personal domestic or household use or consumption) shall be limited to the repair of products or, at the Supplier’s option, the replacement of the products of the supply of equivalent products, and unless agreed to in writing the Supplier does not warrant the products supplied in regard to life or suitability.
Claims for faulty goods must be advised to the Supplier in writing within 48 hours from installation. Faulty products must be returned for evaluation or where the Supplier accepts in writing that this is not possible, to provide detailed installation details together with installation locations so that an on-site assessment can be conducted no later than 60 days from installation date.
20. Except as may otherwise be provided by law, the Supplier shall not be under any liability whether in contract, tort or otherwise for any injury, damage or loss, including consequential damage or loss whether to persons or property, arising out of this contract or the products supplied pursuant thereto including any defects therein or workmanship thereof.
21 This contract shall be governed by the laws of the State of Victoria and the Commonwealth of Australia.
22 Whenever a Purchaser makes a claim or requests the Supplier’s employee to inspect an installation where the Supplier’s product has been wrongly alleged to be faulty and is confirmed, then the Customer hereby agrees to compensate the Supplier at an hourly rate of $60.00 plus traveling time.
23 All legal charges incurred by the Supplier in regard to action taken to obtain payments that are overdue will be born by the Purchaser.
24 All orders happened on www.technilux.com.au will be covered by Technilux terms & conditions, it overwrite any Purchasers’ terms & conditions.
25 These terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from www.technilux.com.au.