All goods purchased from Fencing Components Pty Ltd (the supplier) are sold subject to the following terms and conditions and comprise the whole contract between the Supplier and the Buyer (the customer). These terms and conditions prevail to the exclusion of all terms and conditions whether express or implied except those terms and conditions implied by law.
All prices are subject to alteration without notice. Prices set out or referred to in the Supplier’s price lists are applicable to all orders received on or after the stated effective date of the then current price lists unless otherwise stated in writing by supplier.
Any order placed by the Buyer is deemed to be an order incorporating these terms and conditions of sale notwithstanding any inconsistency in the Buyer’s order unless expressly agreed to in writing by the Supplier. Mail and facsimile orders will be treated as new order unless clearly marked “confirmation”. Any duplication or variances relating to mail and facsimile orders not marked “confirmation” are the Customer’s responsibility.
Goods delivered to store or depot within the Supplier’s nominated delivery area for the metropolitan area will incur a freight charge. Delivery outside this area will incur an additional freight charge at the discretion of and as nominated by the Supplier.
The Supplier may deliver any of the Goods progressively and shall then be entitled to payment progressively (for the Goods of Goods) delivered in such amounts, as the Supplier shall reasonably determine. If the Buyer fails to make a progress payment within the Suppliers normal 30-day trading terms, then the Supplier shall be entitled to withhold construction or delivery of the remainder of the Goods without incurring liability for such delay.
A surcharge applies at the discretion of the Supplier to small orders (any order of less than $100.00 net or such other amount as the Supplier may nominate from time to time). A surcharge may also apply for long and large orders (any orders such as ground tracks at 3meters and longer, and panels at dimensions larger than 1 x 1 meter).
GOODS DAMAGED IN TRANSIT
The Supplier is not responsible for loss of or damage to goods in transit except when the goods are carried in Supplier’s own vehicles or by contractors retained by the Supplier to deliver such goods. If that occurs the Supplier must be notified immediately on the receipt of the goods of the nature and extent of damage. Any goods must be returned in accordance with a copy of the freight note relating to the damaged or lost goods must be forwarded to the Supplier identifying goods which will be matched with a copy of the freight note obtained from the transport company. This procedure is a standard requirement of the Supplier’s insurer.
RETURNS – Goods may only be returned as followed
- If the goods are being returned as a result of any error by the Supplier or any defect in the goods or as a result of damage during transit for which the Supplier accepts responsibility the buyer to any law, the goods must be returned within 14 days of delivery date and with prior notification in writing to the Supplier of the reason for the return of the goods. The connote number and the invoice number of the goods must be supplied to the Supplier at the time of notification. Goods returned after 14 days from the delivery date may only be returned with the consent of the Supplier. Receipt of any goods returned without the consent of the Supplier does not constitute acceptance of those goods by the Supplier or the acceptance of any error by the Supplier or defect in the goods.
- If the goods are being returned for credit due to either over-ordering or incorrect ordering the goods will be returnable only at the discretion of the Supplier and at the Buyer’s cost and provided that the goods are returned within 14 days of the delivery date. A minimum restocking fee of 20% of the invoice value of the goods will apply to such goods should they be accepted by the Supplier. Receipt of any goods returned without the consent of the Supplier does not constitute acceptance of those goods by the Supplier.
- The Buyer shall immediately notify the Supplier in writing upon discovery of any defect in the Goods. The Buyer shall not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Supplier so to do.
- Credit will only be given for goods returned if the goods are received by the Supplier In the same condition as at the time of dispatch. Assessment of the condition of the goods is strictly at the Supplier’s discretion The Customer must return goods by transport of their choice and at their cost unless otherwise agreed by the Supplier.
- The only conditions and warranties which are binding on the Supplier in respect of the state, quality or condition of the Goods supplied by it to the Buyer are those imposed and required to be binding by statute (including the Trade Practices Act 1974 and Fair Trading Act 1989 and any enactment or re-enactment thereof) and to the extent permitted thereby, the liability, if any, of the Supplier arising from the breach of such conditions or warranties shall at the Suppliers option be limited to and completely discharged by
- Any remedy provided by such statute, or
- The replacement of the Goods or re-supply of same by the Supplier, or
- The repair of the Goods, or
- The payment of the cost of replacement of the Goods, or
- The payment of the Goods
- otherwise all other conditions and warranties whether express or implied by law in respect of the state, quality or condition of the said Goods which may apart from this clause be binding upon the Supplier are hereby expressly excluded and negated.
- The Buyer expressly acknowledges and agrees that the Supplier is not liable for any advice given by the Supplier agents or employees in relation to the suitability for any purpose of Goods or materials supplied by the Supplier and all such advice relied upon is at the Buyer’s risk.
- The Company shall not be liable for or in respect of any loss or damage to the Goods or suffered by the Goods or suffered by the Customer howsoever caused or arising whether cause or arising by reason of or on account of any act of omission whether negligent or otherwise on the part of the Company or its servants or agents.
- The Customer acknowledges that the Company shall not be liable for damages or to rectify the Services performed on the Goods in any circumstances in which the Goods provided by the Company to the Customer are in a condition which does not allow a proper application of the Services to the Goods.
- As the Company cannot supervise the installation use or storage of the Goods it does not warrant the fitness of finishes for any particular purpose even though that purpose may be known to them and no such warranty is to be implied from the name or description under which the finishes are applied and all condition and warranties which might but for this provision be implied by law are hereby expressly negated to the extent permitted by law.
- The Supplier is not liable for any consequential loss suffered by the Customer as a result of any negligence or error by the Supplier in connection with the supply or condition of or defect or damage to goods supplied by the Supplier to the Customer and any claim by the Customer for loss or damage is limited to the net invoice price of the goods in respect of which the error or defect or damage occurred.
- Unless otherwise indicated prices include standard packing. If packages are charged for and are returnable, allowance will only be made for the same when they have been received back by the Company in good condition.
- To the Buyer, as original Buyer of the Goods, Supplier warrants its products free from defects in materials and workmanship for a period of one year from the date of purchase. Parts which fail or become defective during the warranty period, except as a result of negligence, improper installation, use or care, shall be repairs or replaced, at our option, within 90 days of the receipt of the defective product, barring unforeseen delays.
- To obtain warranty, replacements of repair, defective components or parts should be returned, transportation paid, to the place of purchase. No returns may be made directly to the factory without the express written authorization of Fencing Components.
- The Supplier shall not be responsible for cartage, removal and/or re-installation labour or any other such costs incurred in obtaining warranty replacements.
- The foregoing warranty does not apply to components manufactured by others. For such products, the warranty established by the respective manufacturer will apply.
- For the buyer to gain a one year warranty for the goods purchased (Glass panels, Security panels & Pool panels etc) the buyer has to lodge a warranty form online strictly before 30 days after invoice date. Confirmation of warranty and approval will be sent via specified email. Warranty will not be applicable if the information does not match or lodged.
- It is the buyer’s responsibility to lodge a warranty form, available on the Suppliers website for each order of panels per job, these are to verify that the Suppliers panels are used on the jobsite its purchased for.
The Supplier reserves the right to require payment before delivery, or satisfactory evidence of the ability of the Customer to pay for the goods ordered. If credit is approved payment for goods, payments must be received by the Supplier within 25 days from the end of the month of invoice. Invoice date is date of dispatch of goods. The Supplier may at its discretion disallow discount on any overdue account whether the Supplier has waived the right to disallow discount on any prior overdue account.
The Customer must pay interest on any overdue payment at a rate equivalent to the indicator Lending Rate of the Supplier’s bankers plus 4% calculated daily from the date when payment was due pursuant to this clause until the date of actual payment.
The Customer must pay any expenses whether legal or otherwise incurred by the Supplier in recovering or attempting to recover any overdue amount from the Customer.
ACCEPTANCE & CLAIMS
The Buyer shall be deemed to have accepted the Goods to be of the description, quality and quantity ordered unless particulars of any claim are notified to the Supplier in writing within 7 days after arrival of Goods at the place of delivery, except claims for non-delivery which must be made in writing within 14 days from the date of invoice.
EXCLUSIONS OF LIABILITY
- The Supplier accepts no responsibility for damage in transit except where the carriage of the goods is by means of the Supplier’s own vehicles or by contractors retained by the Supplier for the delivery of goods.
- The Supplier accepts no responsibility for damage in transit of sliding door tracks and panels where the quantity dispatched is less than 20 lengths/pieces.
- The Supplier is not liable for any loss or damage to goods after delivery by the Supplier.
- Any delivery times quoted are estimates only and the Supplier is not liable for any failure or delay in the delivery of the goods.
- Unless expressly stated in writing by the Supplier the provisions and tolerances contained in the standard specification to which the goods are manufactured by Supplier or its suppliers will apply to all orders.
- Every care is taken to provide correct product specifications and details in the Supplier’s Instruction Manuals but the Supplier makes no warranty that the published instruction Manuals contain no errors or omissions. To the extent permitted by law the Supplier excludes all liability which could arise from errors or omissions in the Supplier’s Instruction Manuals.
RETENTION OF TITLE and PERSONAL PROPERTY SECURITIES ACT 2009
- The Customer hereby acknowledges that property in the goods remains with the Supplier until the Customer has made payment in full for the goods except that the Customer is entitled to sell the goods in the ordinary course of its business.
- In the event that the Customer defaults in payment for the goods the Customer hereby consents to the Supplier and its employees or agents entering into the Customers premises or any other premises where the goods are stored for the purpose of taking possession of the goods and for this purpose the Customer must grant all reasonable access to the Supplier and its servants or agents and the customer hereby agrees to indemnify and keep indemnified the Supplier in respect of any liability which the Supplier may incur as result of exercising its rights pursuant to this clause.
- If the Customer sells or otherwise disposes of the goods to a third party prior to making payment of the purchase price the Supplier has a charge over the proceeds of such sale equivalent to the purchase price.
- Registration on the Personal Property Securities Register (PPSR) is essential to properly affect a retention of title arrangement for the sale of goods. The Customer acknowledges that this is a security agreement for the purposes of the Personal Property Securities Act 2009 (PPSA), and the Fencing Components may register its security interest in the goods and their proceeds as purchase money security interest on the PPSA register.
- The Supplier holds a security interest over all the present and after acquired goods supplied by Fencing Components to the Customer and any proceeds of the sale of those goods (Collateral).
- To the extent the law permits, the Customer waives its rights to receive any notice that is required by any provision of the PPSA (including a notice of a verification statement).
- The Customer acknowledges that all information supplied by the Customer in relation to this Agreement will be relied upon by the Supplier for the purpose of accepting any order placed by the Customer and the Customer hereby warrants that all information supplied by the Customer in relation to this Agreement or any application for credit is accurate and will at the time that any orders is placed continue to be accurate.
- If there is any change in the circumstances of the Customer or any person who has guaranteed the performance of the Customer which would be material to decision by the Supplier as to whether to grant or extend credit to the Customer, the Customer must immediately notify the Supplier of any such change.
- This Agreement is deemed to be made at the office of the Supplier at 58 Governor Macquarie Drive, Chipping Norton NSW 2170 and any legal action taken for enforcement or recovery of monies may be commenced in the appropriate Court in the State of New South Wales.
- AGREEMENT that the Supplier may seek consumer credit information (Section 18k(1)(b) , Privacy Act 1988)
- EXCHANGING INFORMATION with other credit providers (Section 18M(1)(b), Privacy Act 1988) I/we agree to the Supplier obtaining personal information about me/us from other credit providers, whose names I/we may have provided for the Supplier or that may be named in a credit report, for the purpose of assessing our application for commercial credit made to the Supplier.
- AGREEMENT TO A CREDIT PROVIDER being given a consumer credit report to collect overdue payments on commercial credit (Section 18K 1(h) Privacy Act 1988)