GENERAL TERMS AND CONDITIONS OF SALES
In consideration of Häfele Australia Pty Ltd, A.B.N. 51 006 021 432 and its associated and related entities, ("Company”) providing commercial credit facilities to the party completing the application ("Customer”) annexed to these conditions, Customer acknowledges and agrees that these general terms and conditions ("Terms") apply to and form part of any agreement for the supply of Goods and/or Services by Company and that these Terms take precedence over any terms and conditions which may be contained in any document provided by Customer. Any request from Customer to Company for the supply of Goods and/or Services constitutes acceptance of the Terms (“Acceptance”).
These Terms, together with any credit limits set by Company, are effective from the date of Acceptance by Customer and may be amended or superseded from time to time (as reasonably necessary) by notice given by Company by any means.
ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations, as amended.
Consumer has the meaning given to that term in the ACL.
Goods and/or Collateral means all goods and/or services supplied by Company to Customer, or ordered by Customer but not yet supplied.
Price means the cost of the Goods as referred to in Company’s price lists, prepared quotes and/or specific arrangements with Customer and are subject to change from time to time without notice.
These Terms shall be construed in accordance with laws of the State of Victoria and, where applicable the Commonwealth of Australia and Customer submits to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those courts.
(a) All orders to Company must be made on Company’s website.
(b) Any quotation, displayed price, order list or order confirmation provided by Company to Customer concerning the proposed supply of Goods is an invitation to treat only, and is subject to Customer placing an order which is Customer’s offer to enter into an agreement (“Agreement”) with Company on these Terms.
(c) An Agreement is formed when Company confirms its acceptance of Customer’s order and receipt of Customer’s payment.
(d) Company in its absolute discretion may refuse to accept any order.
3. Payment Terms
(a) Prices displayed for the supply of goods include freight charges, GST and any other taxes or duties imposed on or in relation to the goods.
(b) Payment for the Goods must be made strictly by credit card/PayPal immediately upon confirmation of Customer’s order. Goods will not be despatched until full payment has been confirmed.
(c) Goods displayed are subject to availability. If any Goods are not available, Company will inform Customer within 5 days. In the case of non-availability of the Goods:
(i) Customer may request the provision of substitute or similar Goods; or
(ii) Customer may cancel the order; and
(iii) Company will make the appropriate adjustment to, or refund of, the purchase price.
Property in, and title to, the Goods passes to Customer upon payment in full in accordance with clause 3.
(a) Company is not liable for any loss/damage, including consequential loss/damage, arising from delay in delivery or failure to deliver Goods, either whole or in part, due to circumstances beyond its control.
(b) Company will use reasonable endeavours to deliver Goods to Customer in accordance with the times stated in any Agreement between Company and Customer. However, time will not be of the essence and, subject to the ACL, Company will not be liable to Customer if delivery is not on time.
6. Inspection of Deliveries
(a) Customer must:
(i) inspect the Goods upon delivery and will, within 7 days of delivery in the case of defects or short deliveries, and within 14 days of despatch in the case of non-delivery, notify Company of any transit damage, short deliveries or any failure to fulfil any quotation or order;
(ii) within a reasonable time following the giving of a notice under clause 6(a)(i), grant Company access to the Goods in order to inspect for any alleged damage or failure; and
(iii) fail to notify Company within the specified period then the Goods are deemed to be in compliance with the order and free from any damage whatsoever.
7. Warranty & Returns
(a) Company does not warrant that the Goods are fit for a particular purpose and, except or unless otherwise stated, warranties relating to title, defects or conformity are expressly excluded.
(b) Any drawings or written or verbal descriptions of the Goods are general in nature, and actual Goods may vary slightly from such descriptions. These descriptions are not warranties in relation to the Goods or their connection and Customer may not, subject to the ACL, rely on these descriptions or claim against Company if Goods do not meet descriptions.
(c) Subject to any rights of Customer under the ACL:
(i) returns of the Goods will be accepted only if prior arrangements have been made with Company and charges, including but not limited to re-stocking fees, may apply;
(ii) Customer is liable for any costs associated with the return of Goods for the purpose of a warranty claim.
The risk in the Goods purchased passes to Customer when the Goods leave Company's premises. If any of the Goods are damaged or destroyed prior to the title passing to Customer, Company is entitled, without affecting any other rights and remedies under any agreement, to any insurance proceeds payable for the Goods.
(a) Where Company is unable to effect delivery or provide the Goods, Company may, where reasonably necessary, amend an order or cancel the delivery of Goods at any time before delivery by giving notice to Customer by any means. If Company amends an order, Customer may without penalty cancel the order by written notice to Company within seven days of such amendment.
(b) Company is not liable for any loss or damage, including consequential loss or damage, arising from such cancellation, except to the extent that Company causes or contributes to such loss or damage, subject to any liability imposed under the ACL.
(c) In the event that Customer cancels delivery of Goods (except where such cancellation is made in accordance with clause 3(c) or follows an amendment by Company pursuant to clause 9(a)), Customer is liable for any costs incurred by Company up to the time of the cancellation including, but not limited to, any re-stocking fees incurred by Company.
10. Limitation of Liability
(a) Except as the Terms specifically state, or as contained in any express warranty provided in relation to the Goods, this Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
(b) If Customer is a Consumer, nothing in these Terms restricts, limits or modifies Customer's rights or remedies against the Supplier for failure of a statutory guarantee under the ACL.
(c) Company is not liable for any indirect or consequential losses or expenses suffered by Customer or any third party, except to the extent of any liability imposed by the ACL.
(d) Customer acknowledges that:
(i) it has not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by Company in relation to the Goods or their use or application;
(ii) it has not made known, either expressly or by implication, to Company, any purpose for which it requires the Goods and it has the sole responsibility of satisfying itself that the Goods are suitable for the use of Customer.
(e) Nothing in these Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of Goods which cannot be excluded, restricted or modified.
Customer indemnifies Company in respect of any loss, injury, expense or claim arising out of the supply by Company of the Goods, or their storage, installation, use, operation or maintenance, except to the extent that such loss, injury, expense or claim is caused by the negligence of Company or its servants/agents/ subcontractors.
(a) Company accepts no responsibility for changes in any law which may affect supply, but will take all necessary steps to ensure compliance with all applicable laws.
(b) Neither party will be liable for any breach of these Terms or any provision of any Agreement between Customer and Company if such breach arises from an act of God, natural disaster, terrorism, war or any other, specified or un-specified, occurrence beyond the control of either party.
(c) The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of the remaining provisions.
(d) Customer acknowledges that all purchases of Goods are made relying solely upon Customer’s own skill and judgment.
Privacy Officer, PO Box 1066, DANDENONG VIC 3175.