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1.
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GENERAL
(1) In these "Terms & Conditions of Sale", unless a contrary
intention appears:
"Buyer" means the person to whom CT sells goods.
"CT" means CORNERTECH,
as trading for (TIFIEN PTY LTD -- ABN: 69 121
291 441)
"TCOS" means "Terms and Conditions of Sale".
Words implying the singular shall include the plural & vice versa plus
Words implying one gender shall include the other.
(2) Any order placed by the Buyer incorporates these TCOS.
In the event of conflict or inconsistency between these TCOS and those which
may be included in or implied by, any document forming part of any of the
Buyer’s inquiry, specification or order; then these TCOS shall prevail except
insofar as these conditions are expressly varied by CT in writing or
otherwise by law.
(3) Should there be a variance and/or inconsistency between any one clause
of an offer made by CT and these TCOS; then conditions of the offer
shall apply. |
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2.
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ACCEPTANCE
Any quotation provided by CT is not to be construed as an offer or obligation
to sell and CT reserves the right to accept or reject any orders it
has received. |
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3.
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CANCELLATION
or VARIATION
CT may at any time before the Buyer pays for the goods, terminate
the contract without payment of compensation or damages if; the
Buyer;
(1) makes
application to court to wind up business,
(2) files a bankruptcy petition,
(3) any property of the Buyer is repossessed,
(4) ceases business; or becomes insolvent,
(5) arranges to have receivers, managers or liquidator appointed.
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4.
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PRICES
(1) Any quotation made in writing by CT
(that is either FAXED, EMAILED or POSTED) will be valid for thirty(30) days from date of quotation, unless otherwise stated; thereafter, they
are subject to written confirmation; otherwise, prices may change without notice and orders received after the quotation validity period will
be invoiced at the prices ruling on the invoice date, unless otherwise
noted.
(2) Delivery, unless otherwise stated is FOB from our Cairns store.
We will send the goods out on the Buyer's nominated transport.
(3) DO NOT include GST, which will apply at the ruling
rate at the time of invoice, unless the Buyer provides exemption details sufficient for the
Australian Taxation Office. |
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5.
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PRICE
VARIATIONS
Variations due to any factor will be calculated using the relevant rates
for the day in question. |
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6.
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CUSTOMS
DUTY
Where applicable and payable, customs duty will be paid by the Buyer
and will be calculated at the rates ruling on the day of despatch of
goods. |
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7.
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DELIVERY
(1) It will be the responsibility of the Buyer to ensure that he
has the appropriate insurance to adequately cover the goods which
he orders, regardless of the carrier used.
(2) CT reserves the right to deliver goods by installments &
each shall be deemed to be sold under a separate contract.
Failure to deliver any installment shall not entitle the Buyer to repudiate
the contract.
(3) If special delivery instructions and/or directions are requested
by the Buyer, then CT will not be responsible for the insurance
and/or carriage of the same.
(4) Delivery times provided by CT at the time of quotation are
always subject to prior sale and the Buyer will be informed of any such
changes to the delivery schedules.
(5) Any variations or special conditions contrary to the above points
will be confirmed in writing, if and when necessary. |
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8.
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DAMAGE
or LOSS in TRANSIT
(1) Unless prior arrangements are made, it is the Buyer’s responsibility
to ensure that his goods are insured from the time they are dispatched
from CT store to the Buyer’s store or the Buyer’s nominated destination.
(2) Damaged goods or goods needing repair, must be advised within seven(7) days of receipt of goods.
(3) Shortages in supply are to be advised within fourteen(14) days
of receipt of goods. |
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9.
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STORAGE
If the Buyer neglects, fails or refuses to accept delivery of the contract goods or any completed items forming part thereof;
(1) All risks, liabilities & obligations shall pass to the Buyer
to be fulfilled.
(2) CT may, at its option, charge the Buyer for any necessary
storage, handling charges, etc.. which might be incurred. |
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10.
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TITLE
of GOODS
Notwithstanding that the goods shall in whole or in part be at the risk
of
the Buyer from the quoted delivery point onwards, subject to Clause 4 and 7, the property in the goods shall remain with CT until they have
been fully paid for by the Buyer. |
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11.
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TERMS
of PAYMENT
(1) Unless otherwise stated in the offer all prices are strictly
NET and payment to be made in full, in advance of delivery of goods.
(2) Where an account status has been granted to the Buyer, then payment is
to be fourteen
(14) days from Invoice date or as agreed to in writing or as
specified on the Invoice relating to that purchase.
(3) Should the Buyer default, then interest will be charged at the
rate of 2.0%
per month the invoice is overdue. |
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12.
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CREDITS
(1) Claims for credit must be made, in writing, within 14 days of
receipt of goods.
(2) No goods are to be returned unless prior permission is given
by either the office manager or the MD.
(3) A Minimum Restocking fee may apply to goods returned.
(4) Under NO circumstances will a credit be given for any special
items of non-standard manufacture which the Buyer orders. |
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13.
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DEFECTS
LIABILITY
CT, in all cases, can only offer the Buyer the defects liability assurances given
by the relevant manufacturer; however CT will always endeavour to ensure the Buyer gets the level of support that would normally
be expected. |
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14.
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LIABILITY
of CORNERTECH
(A) CT’s liability to the Buyer for a breach of a condition
or warranty implied by statue, the common law, equity, trade, custom,
usage or otherwise shall, to the maximum extent permitted by law,
be limited at CT’s option to:
(1) the
replacement of the goods or supply of equivalent,
(2) the repair of the goods,
(3) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(B) Payments
of any compensation will in no way be an admission of guilt; and NO
other liabilities will be accepted or implied including consequential damages, etc...
(C) The Buyer acknowledges that he has available alternative sources
of supply of the goods in many cases.
(D) The Buyer acknowledges that he understands the full implications
of the clauses above.
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15.
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INFORMATION
and DRAWINGS
All descriptive specifications, illustrations, drawings, data dimensions
and weights furnished by CT pr otherwise contained in catalogues,
price lists and other advertising matter of CT, are approximate
only & are intended to be by way of general description. |
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16.
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SPARE
PARTS
CT hereby gives notice that while our best efforts are ensured to
give the buyer what he requires by way of spare parts, etc.. no promises
are given or implied that CT will or can supply.
Spare parts supply will be dictated by the manufacturer. |
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17.
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WAIVER
Failure by CT to insist upon strict adherence to these terms and conditions, shall in no way be deemed a waiver of such term or condition. |
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18.
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LICENCES
It is the Buyer’s responsibility to ensure that he has obtained all
relevant licences necessary for the proper installation and operation
of the goods, to meet all statutory requirements. |
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19.
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PATENTS
(1) The Buyer warrants that the manufacture by CT under direction of the Buyer, will not cause CT to infringe any copyright or patent currently in force.
(2) The Buyer specifically agrees that the purchase of goods does
not confer on the Buyer any licence or rights under any patent, trademark,
or copyright, the property of CT. |
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20.
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PARTIAL
INVALIDITY
If any clause is found to be considered legally invalid, then all others remain in force. |
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LEGAL
CONSTRUCTION
Unless otherwise agreed in writing by CT & the Buyer, any contract between them will be governed by the Law in the State of Queensland
in the country of Australia. |
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