a)
These Terms and Conditions of Sale (“Conditions”) govern the supply of all goods
and services by Poly Flex Group Pty Ltd to the customer (“the customer”).
b)
These Conditions prevail over any other terms and conditions that may be
expressed or implied to the contrary by the Customer, whether in an order,
letter, tender document, in negotiations or otherwise.
c)
No variation of these Conditions shall bind Poly Flex Group Pty Ltd unless made
in writing and signed by a duly authorised officer of Poly Flex Group Pty Ltd.
a)
A quotation by Poly Flex Group Pty Ltd shall be an invitation to the Customer to
treat with Poly Flex; it shall not constitute any offer.
b)
Any modification to a quotation will be effective only if it is expressed in
writing and signed by a duly authorised officer of Poly Flex Group Pty Ltd.
a)
Any advice, recommendation, information or assistance (collectively referred to
as “advice”) provided by Poly Flex Group Pty Ltd in relation to the goods sold
or services supplied by it, or any advice in relation to the use, application,
suitability, performance or tolerance (collectively referred to as
“performance”) of the goods or services is subject always to the particular
purpose made known by the Customer for which the goods or services are being
acquired, is given in good faith but without any liability or responsibility on
the part of Poly Flex Group Pty Ltd.
a)
The Customer is required to pay the price for the goods and services to Poly
Flex Group Pty Ltd in Australian dollars.
If Poly Flex Group Pty Ltd quotes subject to exchange rate variation then
any variation from the rate quoted to the rate paid by Poly Flex Group Pty Ltd
to its supplier shall be to the benefit or detriment of the Customer.
b)
All prices for the goods and services exclude the following costs:-
i)
any statutory charges, goods and service taxes, sales and other taxes, duties or
imposts levied in respect of the goods or services and their supply; and
ii)
the costs of freight, delivery, transportation, packaging, shipping, clearance
fees and other costs, charges and expenses incurred by Poly Flex Group Pty Ltd
in the course of delivering or supplying the goods and services to the Customer.
c)
If any of the costs in Clause Prices (b) are incurred by Poly Flex Group Pty Ltd
but have not been allowed for by Poly Flex or the manufacturer in calculating
the price, then they are to the Customer’s account
d)
If Poly Flex Group Pty Ltd has not specified the price to be charged to the
Customer at the time that the Customer places its order, the price(s) charged to
the Customer shall be the price(s) ruling as at the date of delivery.
The Customer acknowledges that Poly Flex prices are subject to alteration
from time to time.
a)
Delivery is to be effected either by delivery of the goods to the Customer’s
premises or nominated delivery site or by collection of the goods from Poly Flex
Group Pty Ltd premises by the Customer or its common carrier.
b)
The Customer acknowledges that:-
i)
delivery dates are estimates only and Poly Flex Group Pty Ltd shall not be
liable for any delay in delivering goods ordered by the Customer; and
ii)
delivery of the goods will be delayed by a period commensurate with the
Customer’s delay in providing Poly Flex Group Pty Ltd with all necessary
specifications.
a)
All risk in the goods shall pass to the Customer upon delivery
b)
The Customer’s assumption of risk in the goods so delivered shall not be
interpreted as inconsistent with the retention of Poly Flex Group Pty Ltd title
in those goods pursuant to Clause 1.
a)
The Customer may not cancel or suspend any part of an order or sale without Poly
Flex Group Pty Ltd written consent.
b)
If an order or sale is suspended or cancelled, the Customer must reimburse Poly
Flex Group Pty Ltd what Poly Flex Group Pty Ltd considers to be a fair and
reasonable amount to fully compensate Poly Flex Group Pty Ltd for any costs,
charges and expenses.
a)
Invoice Total for Products must be paid in full (cheque/EFT/credit card/cash)
b)
Product will not be dispatched before funds are received in full.
a)
Statements will not be issued and all discounts rescinded unless payment is made
by the nominated date on invoice.
b)
Goods remain the property of Poly Flex Group Pty Ltd until payment received in
full
a)
30 Day trade accounts must be paid 30 days from date of invoice or within 7 days
of month end statement. Discounts on overdue accounts will not be applicable and
full trade price will be charged.
b)
Poly Flex reserves the right to withdraw the customer credit facilities if
nominated terms are not adhered to.
c)
Goods remain the property of Poly Flex Group Pty Ltd until payment received in
full
a)
Freight can be organised through our preferred freighter and set rates are
applicable on quotation of order (subject to change without notice) all
Insurances are payable by The Customer
b)
If the Customer has a preferred freighter ex-Brisbane it is then the
responsibility of the Customer for all Transit Insurances - Product Insurance
once goods are dispatched from Poly Flex Group Pty Ltd warehouse.
The Customer shall inspect all goods immediately upon receipt of delivery and
within 7 business days of receipt of the goods, shall give notice in writing to
Poly Flex Group Pty Ltd of:-
a)
The relevant packaging slip/consignment note number and date in respect of the
goods the subject of the proposed claim; the date and place of delivery in
respect of the goods the subject of the proposed claim; and the grounds upon
which the customer alleges that the goods do not comply with the Contract.
b)
In the event that the Customer does not give written notice of any proposed
claim within 7 days of receipt of delivery, the goods shall be deemed to comply
with the specifications of the Contract and the Customer shall be bound to
accept and pay for the goods in accordance with these Conditions
c)
Disposal or use of any part of the goods in an order, which is the subject of a
claim, shall constitute acceptance by the Customer of the whole of the order.
The Customer acknowledges and agrees that it cannot and will not make a
claim against Poly Flex Group Pty Ltd unless at the time of the claim all of the
goods the subject of the relevant
Contract remain intact as a whole
After receipt of the said notice and after investigation by its representatives,
Poly Flex Group Pty Ltd may accept the return of the goods the subject of the
claim.
A printed certified claim document will be issued and must be quoted on all
correspondence in relation to the subject claim.
The Seller will endeavour to give delivery at the rate of within the time
specified in the Contract, notwithstanding anything to the contrary expressed or
implied in this Contract. The
Seller shall not be liable for any loss or damage which may be sustained by the
Buyer through failure on the part of the Seller to deliver at the rate of within
the time specified in this Contract, for any loss or damage incurred by reason
of act of God, war, riots, fires, strikes, lockouts, cessation of labour, trade
disputes, breakdowns, accidents of any kind or any other cause whatsoever beyond
the control of the Seller whether similar to these aforesaid or not.
The Seller shall be entitled to recover all monies owing to them in
respect of deliveries made or services performed prior to such failure.
The time of any such suspension will be added to the time of original
Contract (including without prejudice to the generality of the foregoing, any
inability to obtain the necessary import or export licences or consents of any
governmental or other authority).
Length of Warranty
This warranty from Poly Flex remains in effect for a period of one (1) year
Except as otherwise specified, this warranty covers defects in material and
workmanship in this product.
The following are not covered:
Damage resulting from accident, misuse, neglect, product modification, improper
installation, failure to follow instructions supplied with the product, damage
or loss occurring during shipment(claims must be presented to the carrier), any
product on which the serial number has been defaced, modified or removed.
Poly Flex will cover labour and material expenses for covered items but you must
pay any
Labour costs for the removal and/or installation of the product.
If the product is transported for warranty service, you must pre‑pay the
freight.
Poly Flex will return the product pre‑paid if return address is inside
Australia.
Warranty procedure.
1. Carefully pack the product with all bolts, nuts and fixtures.
2. Attach to the product a notation showing trouble found plus proof of
purchase, date and receipt of purchase.
Please include details of installation including any misalignment and the
name and qualifications of the person who carried out the installation.
3. Return pre‑paid to Poly Flex.
Exclusion of certain damages:
The liability of Poly Flex is limited to the repair or replacement, at our
option, of any defective product and shall, in no event, include incidental or
consequential commercial damages of any kind.