TERMS AND CONDITIONS OF SALE
Unless otherwise agreed in writing, all goods (“Goods”) sold or offered for sale by Optic Fibre & LED Lighting Solutions Pty Ltd (“Company”) are done so subject to the following terms and conditions:
Unless the Company otherwise agrees in writing:
Non standard products/customised (indent) items are subject to an upfront deposit requirement of 30% and are not subject to cancellation once ordered and accepted by the Company. Production will only commence on receipt of such deposit.
Orders can only be modified, suspended or cancelled after prior negotiation and agreement and the Customer must indemnify the Company in respect of any expenses incurred by the Company relating to the modification or cancellation of any order. A restocking fee of 15% will apply.
Goods will not be accepted for return without prior written consent from the Company. Goods manufactured to the Customer’s requirements and/or specification cannot be returned for credit. The customer accepts liability for all freight costs incurred in the return of products including warranty repair or replacement of faulty goods without exception. A restocking fee of 15% will apply.
1. The Company will not be liable for any loss or damage incurred by the Customer or End User for goods damaged as a result of negligence, alteration, accident, use of the Goods in a way which is not in compliance with the Relevant Standards or use of the Goods in any way for which the Goods were not designed or approved by the Company or as a result of improper fitting, repair or replacement.
2. The liability of the Company in respect of faulty materials or workmanship shall, at the option of the Company, be limited to one of the following:
a. the replacement of the Goods;
b. the repair of the Goods;
3. The Company will not be liable for any special indirect or consequential damage arising out of the supply of the Goods.
4. If a claim is made by the customer or End user under one of the warranties set out in section 5, the Company will not accept any claims for costs, charges or expenses incurred by the Customer or End User in relation to replacement, or repair of the Goods.
5. Except for any warranties and conditions which cannot be excluded under any Act, all warranties and conditions with regard to the Goods sold which are implied by common law, statute or trade usage are excluded to the full extent legally permissible.
– the Company supplies Goods on condition that,
a. The title to the Goods does not pass to the Customer until they have paid in full and the Company has been paid for all other monies then owing to the Company by the Customer.
b. The Goods are at the risk of the customer as soon as they have been delivered to or into custody of the Customer or the Customer’s agent.
c. Until property in the Goods passes to the Customer the Goods are merely entrusted to the Customer as fiduciary and the Company remains the legal and beneficial owner of the Goods with full power to re-sell and regain possession of them if the Customer defaults in payment of the purchase price.
d. If the Customer defaults in payment of the purchase price or if the Customer becomes insolvent, the Company and/or it’s authorised agents may at any time without notice to the Customer enter onto the Customer’s premises at which the Goods are situated, for the purpose of recovering possession of them.
e. The Customer agrees to indemnify the Company against all costs, losses and expenses (including without limitation legal costs) incurred by the Company as a result of or in connection with any default or breach of these Terms and Conditions of Sale by the Customer.
f. If the Customer receives any proceeds from the sales of the Goods from any other party, the Customer receives those proceeds on trust for the Company to be applied in payment of the purchase price for the Goods and shall remit such sum forthwith to the Company. All such payments received by the Company shall be allocated to the oldest account due for payment.
If any purchase order or other trading terms of the Customer conflict with or are inconsistent with any of the Company’s terms and conditions of sale, then the Company’s terms and conditions of sale as amended from time to time prevail, and will apply notwithstanding any conflicting or inconsistent terms of the Customer.
The Customer acknowledges that the sale by the Company of any Goods will not constitute acceptance of any conditions of purchase of the Customer which conflict or are inconsistent with any of the Supplier’s terms and conditions of sale, even where the Company acknowledges the Customer’s conditions prior to, upon or by delivery of Goods.
A waiver by the Company with respect to any breach or default by the Customer shall not constitute a continuing waiver of any other breach or default or of any other right or remedy. A failure or delay by the company in exercising a right or remedy does not operate as a waiver of that right or remedy.
The Company reserves the right to sub-contract the production, manufacture or supply of the whole or part of the Goods or any of the materials to be supplied.
A variation of these Terms and Conditions of Sale shall be ineffective unless it is in writing and signed by the Supplier.
This agreement shall be governed by the law of New South Wales. The parties to submit all disputes to the exclusive jurisdiction of the courts of New South Wales Australia.