Powermove Terms and Conditions
Terms and Conditions of Sale
1.1 The terms and conditions of sale apply to all contracts of sale entered into by Powermove Distribution Pty Ltd (“the company”) unless amended in writing and signed by a duly authorised officer of the Company. By acceptance of deliveries made in accordance with any purchase order placed upon the Company, the Purchaser accepts the terms and conditions contained herein. Specific conditions applying to service repairs appear at Section 8. The Company’s failure to object to any term or condition in any communication from the Purchaser shall not be deemed to be a waiver of these terms and conditions.
2. PAYMENT TERMS
2.1 All invoices and additional costs are due and payable strictly to the agreed terms.
2.2 Time shall be of the essence with respect to the obligation to pay. Failure by the Purchaser to pay an invoice when due will relieve the Company of any further obligations with respect to future deliveries of goods.
2.3 Title to the goods shall not pass until the buyer has paid to the seller the purchase price in full, together with all other sums owing by the buyer to the seller on any other accountwhatsoever.
3. ACCEPTANCE OFGOODS
3.1 The Purchaser shall acceptor reject goods included in each consignment within seven (7) days from receipt. If the Purchaser fails to notify the Company in writing of its rejection, and the reasons therefore, within such time period, the Purchaser will be deemed to have accepted such consignment.
4.1 The Company will endeavour to provide as much advance notice as possible of forthcoming price changes. Where the prices quoted are at individual rates, the prices to be charged will be the rate operative at the time the goods are delivered. All prices shown in the current price list, including professional prices, are recommended prices only. There are no obligations, express or implied to comply with these recommendations.
5. FREIGHT AND DELIVERY
5.1 Any times quoted for delivery of goods are estimates only.
5.2 The Purchaser shall not be relieved of any obligation to acceptor pay for goods by reason of any delay in consignment of any part of an order.
5.3 In the event of any happening beyond the Company’s reasonable control in consequence of which the Company cannot effect consignment by the time or times quoted or specified, the Company shall be entitled to consign part only of an order, suspend consignment or extend the time for consignment, for the period during which such cause of delay operates, or may cancel the order and in the event of such suspension, extension or cancellation, the company shall not be liable for any costs or damages whatsoever.
5.4 All orders of less than $1000.00 net value or as specified by the Company from time to time maybe subject to a handling fee as specified by the Company from time to time. No handling fee applies to backorders where outstanding consignments are valued under $100.00
6.1 The manufacturer’s standard warranty will apply and the warranty card or proper proof of purchase must accompany goods for repair otherwise normal service charges will apply. The Company will return repaired items in accordance with these terms and conditions to dealers. No charges for freight or forward charges will be accepted by the Company.
6.2 Return of goods for replacement will not be permitted without the prior written approval of a duly authorised officer of the Company. Only the faulty product will be replaced, not the carton, packaging, accessories or other items not being the faultyproduct.
6.3 All warranties whether express or implied under the common law or by statute, which would but for this clause apply to the supply of the goods and which are permitted by law to be excluded, are hereby expressly excluded. The purchaser further acknowledges that no promise representation or undertaking has been given by the Company other than as contained in this warranty.
6.4 The Company shall not be liable for any injury, loss or damage sustained by the Purchaser howsoever arising provided always that nothing herein shall effect the rights of a Purchaser who has acquired the goods as a “customer” within the meaning of the Trade Practices Act1974 or any other law, and provide further that where the goods are not of the kind ordinarily acquired for personal, domestic, or household use or consumption then the Purchaser’s liability for a breach of a condition or warranty implied by the said Trade Practices Act(other than by Section 69) shall be limited to the repair of the goods, or, at the Company’s option, the replacement of the goods, or the supply of equivalent goods.
7. RETURNS AND SHORTAGES
7.1 Returns for any reason cannot be made:(a) without a return authorisation number issued by the Company(b) unless the goods are in original saleable condition(c) unless accompanied by delivery docket showing the invoice number and date of purchase(d) goods for which the Company has approved the return may be subject to a re-handling charge of 20% of invoice value
7.2 Unauthorised returns will be returned to the Purchaser, freightcollect.
7.3 All shortages must be notified in writing to the appropriate state office of the Company within 24 hours of delivery otherwise no claim for shortages will be recognised by the Company.
8. SERVICE AND REPAIRS
8.1 All repairs carry a 90 day term warranty from date of collection on the parts and labour used in the repair, subject to your other rights.
8.2 All estimates of cost of repairs carry a fee chargeable at current ruling rates should the estimate not be proceeded with. All estimates will be returned and invoiced if we have not received an answer within 30 days from date of estimate advice. Estimates given over the phone or at the counter are not valid and are not firm costs ofrepairs.
8.3 Goods not collected within 90 days maybe disposed of to defray repair costs.
8.4 Powermove Distribution Pty Ltd or its Carriers are not responsible for freight or insurance of your goods whilst in our possession or during transportation to and from our premises. We suggest you check your existing insurance policy to see if the goods are covered under the above conditions.
9. GOVERNING LAW
This agreement shall be subject to and construed in accordance with the laws of the state of Victoria. Powermove Distribution’s general terms and conditions of sale effective July 2004.