TERMS and CONDITIONS OF SALE
These terms and conditions are current for trading with the seller at the time of issue, however the terms and conditions may vary from time to time. The latest copy of our Terms and Conditions of Sale can always be found on our website – www.h2opro.com.au
In these conditions unless the contrary intention appears:
“Additional Charges” includes all delivery, handling and storage charges, Goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the purchase price, payable by the customer to the seller arising out of the sale of the goods.
“Customer” means the person to or for whom the goods are to be supplied by the seller.
“Goods” Means the goods sold to the customer by seller.
“Payment terms” means 30 days from date of invoice.
“Purchase price” means the list price for the goods as charged by seller at the date of delivery (excluding any delivery costs) or such other price as may be agreed by seller and the customer prior to delivery of the goods.
“Seller” means H2O Pro Pty Ltd, which includes H2O Pro, and H2O Pro Pool Services
Any order placed by the customer is deemed to be an order incorporating these terms and conditions and unless specifically agreed in writing by the seller, these terms and conditions override any inconsistencies which may be introduced in the customer’s order.
3.Order for Goods
An order given to the seller is binding on the seller and customer if:
3.1.1 it is given in writing to the seller on a purchase order or other formal business documentation, including letterhead or e.mail or is placed using the sellers website.
3.1.2 the goods are supplied by the seller in accordance with the order.
3.2. the seller reserves the right to accept a part only of any order by notifying the customer in writing. No order is binding on seller until accepted either in writing or by supply of the goods.
3.3 An order which has been accepted in whole or in part by seller cannot be cancelled by the customer without obtaining the prior written approval of seller, which it may refuse in its absolute discretion.
- Description of Goods
The description of the Goods is for the purpose of identification only and use of a description does not constitute a sale by description;
Any sample of goods exhibited to, or inspected by the customer is supplied solely to judge the quality in bulk and does not constitute a sale of sample;
No warranty is given as to the suitability of goods to the customers requirements and in purchasing the goods, the purchaser is deemed to acknowledge that it cannot rely on the skill and judgement of the seller, its agents or employees in this regards.
Undamaged goods can only be returned for credit with the express written approval of the seller. Returns need to be notified to the Seller no later than 14 days after receipt of the goods by the Customer. The customer will be responsible for any freight costs associated with the return of the goods. A restocking fee of up to 20% of the purchase price may be charged by the seller for any returns accepted.
6.1 certain laws imply terms, conditions and warranties (“Prescribed Terms”) into contracts for the supply of goods and prohibit the exclusion, restriction or modification of such terms, conditions and warranties. The liability of seller in respect of a breach if a Prescribed Term or any warranty made under these terms and conditions is limited, to the extent permissible by law and at the option of seller, to the:
6.1.1 Replacement of the goods or the supply of equivalent goods;
6.1.2 Repair of goods; or
6.1.3 The payment of the cost of replacing the goods or acquiring equivalent goods or
6.1.4 the payment of the cost of having the goods repaired.
6.2 any claims to be made against seller for short delivery of goods must be lodged with seller in writing within 3 days of the delivery date.
6.3 unless the terms and warranties are included in these standard terms and conditions, all prior discussions, quotations, warranties and prescribed terms, to the extent permitted by law, are excluded.
7.1 Good are usually shipped within 3 business days of receipt of the order. The seller will notify the customer as soon as they are aware of any delay which will prevent the goods being shipped within this timeframe.
7.2 Delivery of the goods will be made to an address nominated by the customer. The customer will make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
7.3 Delivery of the goods to the nominated address is deemed to be delivery of the goods to the customer.
7.4 The times quoted for delivery are estimates only and seller accepts no liability for failure or delay in delivery of goods. The customer is not relieved of any obligation to accept or pay for goods by reason of any delay in delivery. Goods may be delivered by instalments at the discretion of seller.
7.5 Risk in accepting the goods passes on delivery to the customer.
7.6 All additional charges (including delivery) are payable by the customer in addition to the purchase price of the goods.
8 Price and payment
8.1 The customer must pay the purchase price and the additional charges to seller in accordance with the payment terms.
8.2 if the customer is in default, seller may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
8.3 Unless credit terms have been agreed in writing, all goods must be paid for at the time of ordering.
8.4 Where credit terms have been agreed a late payment fee ($33.00) plus interest will be payable on over due accounts. Interest will be calculated at a rate of 13.2% pa. Interest accrues daily from the date of the invoice.
9 Intellectual Property
The sale of goods does not have the effect of vesting in the customer any right to any of the sellers’ intellectual property rights in the goods, including without limitation the sellers’ trading name, registered trade marks, copyright in goods, designs and patents, the ownership of which will remain with the seller at all times.
10 Retention of title
10.1 Ownership, title and property of the goods remain with seller until payment in full for the goods and all sums due and owing by the customer to seller on any account has been made. Until the date of payment:
10.1.1 The customer has the right to sell the goods in the ordinary course of business;
10.1.2 Until the goods have been sold by the customer in the ordinary course of the customers’ business, the customer holds the goods as bailee for the seller;
10.1.3 the goods are always at the risk of the customer.
10.2 The customer is deemed to be in default immediately upon the happening of any of the following events:
10.2.1 if any payment to seller is not made promptly before the due date for payment;
10.2.2 If the customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the customer payable to seller is dishonoured;
10.3 In the event of a default by the customer, then without prejudice to any other rights which seller may have at law or under this contract:
10.3.1 seller or its agents may without notice to the customer enter the customers’ premises or any premises under the control of the customer for the purpose of recovering the goods.
10.3.2 seller may recover and resell the goods;
10.3.3 If the goods cannot be distinguished from similar goods which the customer has or claims to have paid for in full, seller may in its absolute discretion seize all goods matching the description of the goods and hold same for a reasonable period so that the respective claims of seller and the customer may be ascertained. Seller must promptly return to the customer any goods the property of the customer and seller is in no way liable or responsible for any loss or damage to the goods or for any loss, damage or destruction to the customers’ business howsoever arising fro the seizure of the goods.
10.3.4 In the event that the customer uses the gods in some manufacturing or construction process of its own or some third party, then the customer must hold such part of the proceeds of the sale of such manufacturing or construction process as relates to the goods in trust for seller. Such part will be an amount equal in dollar term to the amount owing by the customer to the seller at the time of the receipt of such proceeds. The customer will pay seller such funds held in trust upon the demand of seller.
11 Goods and services tax
Any applicable Goods and services tax (GST) will be shown separately in the tax invoice for the sales of the goods. The amount of GST payable in respect of the supply of the goods is payable by the customer. The customer must indemnify the seller in respect of GST paid and payable by seller for the supply of the goods.
12.1 These terms and conditions are to be construed in accordance with the laws from time to time in the state of Victoria. The parties submit to the non-exclusive jurisdiction of the state of Victoria.
12.2 These standard trading conditions contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
12.3 Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the agreement.
12.4 No waiver of any of these terms and conditions or failure to exercise a right to remedy by seller will be considered to imply or constitute a further waiver by seller of the same or any other term, condition, right or remedy.
13.1 Where the seller has not manufactured the goods, the seller will pass on any warranty provided by the manufacturer of the goods. The seller will be under no liability whatsoever except for the express conditions as detailed in and stipulated in the manufacturer’s warranty.
13.2 subject to clause 13.1 and clause 13.3, the seller warrants that if any defect in any workmanship manufactured by the seller becomes apparent and is reported to the seller within twelve (12) months of the date of the delivery (time being of the essence) then the seller will (at the sellers’ sole discretion) repair the defect or replace the workmanship.
13.3 The conditions applicable to the warranty given by clause 13.2 are:
(a) The warranty shall not cover any defect or damage which may have been caused or partly caused by or arise through;
- Failure on the part of the customer to properly maintain the goods; or
- Failure by the customer to follow any instructions or guidelines provided by the seller; or
- Any use of the goods otherwise than for an application specified on a quote or order form; or
- The continued use of the goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
- Fair wear and tear any accident or act of gods.
- The warranty shall cease and the seller shall in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the sellers’ consent.
- In respect of all claims the seller shall not be liable to compensate the customer for any delay in either replacing or repairing the workmanship/goods or in properly assessing the customers’ claim.
H2O Pro Pty Ltd
3 Dunoon Crt
MULGRAVE VIC 3170
Ph 03 9548 4244
e.mail – email@example.com