TERMS AND CONDITIONS OF SALE
1. Exclusion of other Terms and Conditions: The following terms and conditions shall apply to the sale of all products by ANC DISTRIBUTION Australia Pty. Ltd. ["the Company") to the exclusion of any and all terms and conditions in any documents submitted to the Company by the Customer whether prior to or following the Customer's receipt of these terms and conditions.
2. Basis of Acceptance of Quotation: All quotations verbal or written are based on information provided by the Customer [or by third parties on its behalf]. Any extra cost or expense arising from incorrect information shall be paid by the Customer.
The company will use its best endeavours to meet specified delivery dates and must notify the Customer as soon as it becomes aware that it will be unable to meet a previously advised delivery date but the Company will be under no liability of any kind [whether for breach of contract, negligence or otherwise) for any delay in delivery from any cause.
3. Prices: Any quotation submitted or any price set out in any price list is based upon the cost of labour and materials current at the date of the price list or quotation. The Company may at its discretion increase any price at any time to reflect changes in the cost of labour and materials and manufacturing overheads and will provide the Customer with a minimum of 30 days notice of the date such price increases are to become effective. Any orders placed by the Customer to the Company within this notice period will be honoured at the price applicable before the notification of the increased price.
4. Terms of Payment: Unless the Company in its discretion agrees to accept payment for products on other terms, the Customer shall pay for all products delivered by the Company within 30 days from the last day of the month in which the invoice is dated.
5. Literature and Suitability of Products: he Customer shall be responsible for determining the fitness of the Company's products for the purpose for which they are intended for use by the Customer, and acknowledges that the Company is not aware of that purpose unless the Customer communicates the intended use to the Company in writing and in that situation the Customer can rely on the Company's advice. It is specifically acknowledged that the Company provides installation information for some products and that the Customer can rely on that information and those guides.
6. Claims: ll products sold will be deemed to be of required quality and type unless a claim specifying particulars of deficiencies or incorrect type is received by the Company within 30 days after receipt of products by the Customer.
7. Returns and Cancellations: Orders can only be cancelled or products returned with the prior written agreement of the Company. Returns due to client error will incur a restocking charge of 15% of the invoice price. Returns due to ANC DISTRIBUTION Australia Pty. Ltd. error will not incur a restocking charge. Products accepted for return due to a Customer error must be despatched at the Customer's cost,. Products accepted for return due to an ANC DISTRIBUTION Australia Pty. Ltd. error will be despatched at the Company's cost.
8. Delivery: Cost of delivery from our store to the Customer's nominated point will be at the Customer's cost, unless prior arrangement to the contrary.
9. Insurance: Products supplied will be insured by the Company up to the point of receipt at the Customer's nominated delivery address.
10. Title of Goods: Full legal and equitable title in each product supplied will remain vested in the Company until the Company has received payment in full of all amounts owing by the Customer to the Company on an account whatsoever. The Customer shall have the right to sell products in which title remains vested in the Company in the ordinary course of trade. Until title in the products passes to the Customer or the products passes to the Customer or the products have been sold by the Customer in the ordinary course of trade, the Customer acknowledges that it is in possession of the product solely as fiduciary bailee for the Company, and in that capacity, will store the products separately from the Customer's own goods and those of any other person, in a manner which renders the products purely identifiable as the property of the Company. The Purchaser hereby irrevocably gives the seller, its agents and servants, leave and licence without the necessity of giving any notice to enter on and into any premises occupied by the Purchaser to search for and remove any of the goods supplied to or in which the seller has ownership as aforesaid without in any way being liable to the Purchaser or any person or company claiming through the Purchaser, if:
(a ) [if the Customer is a corporation] he Customer commences to be wound up, or is placed under official management, or a receiver is appointed in respect of, or any encumbrancer takes possession of, its undertaking or property or any part thereof, of the Customer is unable to pay its debts; or
(b ) [if the Customer is a natural person] the Customer becomes insolvent or bankrupt, or commits an act of bankruptcy or makes an assignment for the benefit of a creditor or creditors; or
(c ) the Customer fails to pay the whole of any part of the purchase price or transport or other charges for any products supplied by the Company when due and payable.
11. Test Certificates: Test Certificates will only be supplied if requested at the time of ordering. A test certificate issued by the Company in respect of a product will not constitute a warranty by the Company as to the quality, suitability or characteristics of the product or the fitness of that product for any purpose.
12. Dimensions: Lengths and weights are subject to usual commercial tolerances.
13. Suspension: If, at the Customer's request, the Company suspends work the subject of an order for more than 30 days, the Customer shall pay the Company for the work performed prior to the suspension, and for usual materials procured of the order, within 30 days of receipt of an invoice for such work and for materials from the Company.
14.1 Liability: The Company warrants that its products will be free of defects caused by the default or neglect of the Company. If any product supplied by the Company is defective, the Company's liability in respect of such product will be limited to, at the Company's sole discretion:
(a )the replacement of the product or the supply of an equivalent product;
(b )the payment of the cost of replacing the product or obtaining an equivalent product;
(c )the repair of the product; or;
(d )the payment of the cost of repair of the product.
Except as provided above, the Company will not be liable in any way whatsoever [whether in contract, negligence or otherwise) for the injury, loss, damage, claim, action or proceeding suffered or incurred by or made or brought against the Customer and directly or indirectly cause or contributed to by a defective product, the Company's negligence or any breach of contract.
14.2 Except as provided in this clause no warranty is given in respect of any product and the Customer acknowledges that no warranty has been given by on or behalf of the Company. All statutory warranties negatived to the maximum extent permitted by law.
15. Law:The law of Victoria shall apply to all contracts for the supply of products by the Company to the Customer. To the extent that any applicable law of any State or of the Commonwealth of Australia which cannot be excluded affects the applicability or validity of any of the foregoing conditions, the conditions shall be read and construed as being subject to such law.
16. Warranty: All ANC DISTRIBUTION Australia Pty. Ltd. products are warranted to be free from defects in material or workmanship for the warranty period associated with each product. Please consult the warranty card applicable to your product or an ANC DISTRBUTION Australia Pty. Ltd. representative for details. During the warranty period ANC DISTRIBUTION Australia Pty. Ltd. will at its option repair or replace without charge any products or part thereof found to be defective in material or workmanship. This warranty does not extend to any product which has been subject to misuse, abuse, negligence, accident, alteration or unauthorised repair. Goods supplied by us but manufactured by others will be warranted only to the extent of the manufacturer's warranty. Defective products must be returned to ANC DISTRIBUTION Australia Pty. Ltd. 250 Governor Road, Braeside, Vic, 3195 within the above period, transportation prepaid, ANC DISTRIBUTION Australia Pty. Ltd. will bear the cost of return transportation.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ANC DISTRIBUTION AUSTRALIA PTY. LTD. BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF VEHICLE, CARGO OR PROFITS.