Terms & Conditions of Sale
The expression “the company” when referred to in these Terms and Conditions, refers to WILTRONICS RESEARCH PTY LIMITED
ABN 26 052 173 154.
These Terms and Conditions of Sale apply to the sale of goods and services manufactured or supplied by the company and supersede all previous terms and conditions.
Any order received by the company is deemed to be an order incorporating these terms and conditions and no variation or cancellation of any of these Terms and Conditions shall be binding on the Company unless agreed to by the Company in writing.
Any quotation by the Company is not to be construed as an offer or obligation to sell and the Company reserves the right at its option, to accept or reject any order received.
CANCELLATION OR VARIATION
A contract may, at the Company’s option, be terminated in the event of insolvency of the purchaser or the purchaser being placed in liquidation, whether voluntarily or otherwise.
A purchaser may only vary an order if such variation is accepted by the Company in writing and any variation or cancellation may only occur on the terms which will provide for the Company to be indemnified by the purchaser against any loss or damages, including, but not limited to, the purchaser compensating the Company for all cost incurred in the return of goods and/or the preparation of goods used up to date of cancellation.
- The Company will make all reasonable endeavours to affect delivery on the date stated but any time or date stated for delivery is an estimate only and shall not be of the essence and the Company shall not be liable for any loss arising out of delays in delivery.
- To facilitate the delivery of your ordered good we use third party service providers, freight companies, courier services, Australia Post, etc., who perform the delivery service for us. This requires us to temporarily provide some of your personal information, including your name, address, phone number and/or email address. This information is supplied to the third party service provider on a temporary basis to enable the service provider and its contractors to perform the specific function of goods delivery. These organisations all have policies and procedures in place to protect your personal information and to only use it for purposes consistent with the reason it is provided, the delivery of your goods.
RETURN OF GOODS
- There is no right of return on goods which are not standard stocked items unless such goods are defective.
- Goods manufactured to purchasers specifications are not returnable due to incorrectly supplied specifications.
- Otherwise goods may be returned provided that:
(a) Goods returned must be accompanied by a delivery docket stating original invoice number, date of purchase and reason for return.
(b) Goods are undamaged, unused and in original packaging.
(c) Notification of the return is made within 7 days and the goods returned within 14 days of the date of invoice.
(d) A restocking fee is paid by the purchaser, except for goods that have been wrongly or over supplied by the Company.
(e) All costs arising from the return of such goods are the purchaser’s liability. (I.e. freight, cartage, labour etc.)
TERMS OF PAYMENT
Terms of payment will be one of the following, as negotiated with the company, unless otherwise expressly agreed to in writing by the company.
- CASH-Cash, cheque, credit card or PayPal payment with order.
- NETT 7 DAYS-Nett cash within 7 days from the date of the invoice.
- NETT 30 DAYS-Nett cash within 30 days from the end of the month in which the invoice was raised.
Agreed terms of payment will appear on all invoices.
The Company reserves the right to deliver and invoice any item or items comprising the whole or part of any order. Failure of the Company to deliver any part of an order shall not entitle the purchaser to repudiate the contract.
The Company reserves the right to charge an account keeping fee equivalent to the National Australia Bank’s published Base Rate plus 3% of the invoice amount, or $5.00, whichever is greater, on any overdue accounts AND the Company shall be entitled to charge penalty interest at the Rate (compounding monthly) on all overdue monies from the date of default in making payment.
TITLE AND RISK
The purchaser will assume all risks and responsibility for the goods upon delivery of the goods to the purchaser or his agent.
Title to the goods shall not pass to the purchaser until payment in full has been received, prior thereto the Company has the right to retrieve the goods and deal with and resell same, in its absolute discretion. If the purchaser resells the goods prior to making payment to the Company any sale proceeds shall be held on trust by the Purchaser for the Company until payment is made by the Purchaser.
This provision shall also apply if the purchaser enters into bankruptcy or being a company, is declared insolvent, is placed in liquidation or receivership whether voluntarily or otherwise.
The purchaser acknowledges that neither the Company nor any person purporting to act on its behalf has made any representation or given any promise or undertaking which is not expressly set out in the contract whether as to the fitness of the goods for any particular purpose or any other matter.
PRICES & GST
All prices charged shall be the Company’s prices ruling at the date of despatch. All goods are sold and all prices are quoted FOB ex-works the Company unless otherwise specified. The Company reserves the right at any time to make reasonable adjustments to prices in relation to fluctuations in the Company’s cost of labour, material, goods or transport and also in relation to any changes in currency exchange rates or duty which may affect the Company’s costs of imported goods.
In this Clause (and any other clause which refers to it) the terms GST, supply, recipient, tax invoice, taxable supply, consideration, adjustment note and input tax credits have the meaning given in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999.
The parties acknowledge that all consideration payable (or to be provided) under or in connection with these Terms is expressed on a GST exclusive basis, unless the goods or services are quoted or invoiced on a GST inclusive basis. Where a GST liability is imposed on a party that makes a taxable supply (the supplier) in respect of any taxable supply made under or in connection with these Terms, the recipient of the taxable supply must pay to the supplier an additional amount equal to the GST payable by the supplier, on or for the taxable supply on the later of the due date for payment (or provision) of the relevant consideration and the date of the recipient receiving a valid tax invoice in respect of the taxable supply (or adjustment note, if applicable) relating to that GST liability.
All warranties expressed or implied by statute, are limited (at the Company’s option) to the replacement or repair of the goods or the supply of equivalent goods or the cost of replacing or repairing the goods or of acquiring equivalent goods or in the case of services providing the services again or paying for the cost of providing the services again. The Company shall not be liable in any way whatsoever for indirect or consequential loss or damage whatsoever.
EXCLUSION OF RELIANCE UPON SELLER’S SKILL
The purchaser expressly acknowledges that no reliance is placed upon the skill or judgement of the Company, its servant or agents. Any condition or warranty that the goods shall be fit for any particular purpose is hereby specifically excluded.
CONDITIONS & SUBCONTRACTING
Placement of orders and/or receipt of materials are deemed as an acceptance of these terms and conditions of sale. No other conditions, (as implied by Purchase order, etc.) will be considered unless agreed to in writing by the Company.
The Company reserves the right to sub-contract the performance of its obligations or any part of them.
If any term, provision, covenant, or condition of these Terms and Conditions of Sale is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest shall in no way be affected, impaired, or invalidated.
Except, as may be otherwise agreed by the Company in writing, the contract shall be governed by the law of the State of Victoria.
If the Vendor is prevented or delayed (directly or indirectly) from making delivery of the Goods or any part thereof on the agreed date of delivery or from otherwise performing this contract or any part thereof by reason of act(s) of God, war, embargo, riot(s), lock-out(s), delay in delivery to the Vendor of any goods or materials or by any cause whatsoever (whether or not of like nature to those specified above) outside its control, the Vendor shall be under no liability whatsoever to the Purchaser.
The Purchaser shall not assign any benefit under this Contract without the consent in writing of the Vendor.
Any notice given hereunder by post or facsimile to the recipient at his or its principal or registered office shall be deemed to have been properly served at the time when in the ordinary course of post it would reach its destination or in the case of facsimile, on confirmation of transmission.