RTM AGENCIES PTY LTD CONDITIONS OF
These conditions of sale will apply unless otherwise agreed in
writing to this contract and all future sales contracts with the purchaser by
the company.
1. Acceptance by the purchaser of a quotation by the Company
shall be consistent with these conditions and shall be read and construed as
subject to these conditions.
2. An order shall be binding on the purchaser hereto, if
either,
a) The goods are manufactured by
the company in accordance with the order, or
b) The goods ordered are delivered
to the purchaser, their servants or agents, or
c) The purchaser accepts the
company’s quotation.
3. Any times quoted for delivery are estimates only and the
company shall not be liable for failure to deliver in delivery arising from any
cause whatsoever. The company in any such event is entitled to cancel the
contract with the purchaser and the purchaser shall not have any claim against
the company in respect of such cancellation. The purchaser shall not be
relieved of any obligation to accept or pay for goods by reason of any delay in
delivery or despatch. The company reserves the right to deliver in instalments
and each instalment shall be sold under a separate contract. Failure to deliver
any instalments shall not entitle the purchaser to repudiate this contract.
4. a) Unless
otherwise agreed in writing the price for the goods shall be that price charged
by the company at the time of delivery including the amount which the company
is required to pay on account of any taxes or excise.
b) All goods will be invoice the
day of despatch from the company’s warehouse.
c) The company may from time to time
issue “special price lists’ on standard product lines. These special prices
shall only be available on a while stocks last basis. If the purchaser does not
order these standard lines quoting the special pricing the company may invoice
the goods at the standard price.
d) Trade terms or payment for the
goods shall be strictly 30 days from date of statement.
5. The company shall not be liable for any loss or damage
caused to the goods directly or indirectly once delivery to the purchaser, their
servants or agents is affected.
6. The company reserves the right to form trading agreements
with whomever it chooses and where it deems necessary, because of volume, price
structure or other reasons, to make contact with possible clients on any of the
company’s product lines.
7. Where the company offers an extended warranty, beyond that
which is required by legislation, this warranty covers faulty workmanship and
materials. Replacement is limited to the item or portion that is faulty and
does not include onsite labour. At the time of printing this document, the
warranty period is 1 year. Items not fitted to our installation instructions
are not covered by any warranty.
8. The company shall have no liability in respect of any claim that
the goods or any portion of them, were damaged in transit unless the
consignment note from the carrier is signed as damaged on receipt of goods and
that the purchaser lodges a formal claim with the company within 24 hours of
receipt of goods.
9. Claims for shortages are to be made within 7 days of
delivery. Merchandise is to be returned only upon written authority of the
company and adequately packed for transport. The company accepts no
responsibility for merchandise returned without such authority. No claim for
damage direct or indirect in respect of these goods shall in any event exceed
the total invoice price of the goods in respect of which the claim is made.
Where an order or part thereof is returned at the purchaser’s request and this
being accepted by the company the cost of freight and a 20% re-stocking charge
will apply and an invoice number must be quoted.
10.1 All goods supplied to the Purchaser shall remain the sole
and absolute property of the Company as legal and equitable owner until the
full price of the goods has been paid to the Company, as well as all other
moneys due to the Company from the Purchaser. Cheques or other negotiable
securities given by the purchaser shall not be deemed to be such payment until
cleared.
10.2 Until the goods supplied hereunder and any other goods supplied
by the Company to the purchaser are paid for in full:
a) The Purchaser acknowledges that they
are in possession of the goods solely as the bailee for the Company.
b) The Purchaser shall store the
goods separately from their own goods or those of any other person, in a
manner, which render them clearly identifiable as goods of the Company.
c) The Company may (without
prejudice to any of its other rights), without previous notice retake and
resume possession of goods which remain the property of the Company and by its
servants and agents may enter upon the Purchaser’s premises or any other place
where the goods maybe for that purpose.