|
|
|
Definition
The expression "the company" when referred to in these Terms and Conditions, refers to ES & JT Pty.Ltd ABN 60 115 805 724.
General
These Terms and Conditions of Sale apply to the sale of goods supplied by the company. 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.
Refunds
We offer a money back guarantee on our product range, as long as the product is returned to us (at your cost) and are undamaged, unused and in original packaging. (Postage and handling is NON refundable). All costs arising from the return of such goods are at the purchaser's liability. (I.e. freight, cartage, labour etc.)
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.
Warranty
Goods are provided with manufacturer warranty, which states that the products are free from defects in materials at the time of sale, but our obligation under this warranty is limited to the replacement of any product proved to be defective within 3 months of the date of delivery.
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. The Company shall not be liable in any way whatsoever for indirect or consequential loss or damage whatsoever.
Damaged on delivery
Upon receipt of the delivery, please check that all ordered products have arrived and note any damage to any of the cartons on the consignment note(s). Please note: Any missing or damaged cartons or products must be noted on the delivery receipt. All freight claims must be reported to us within 48 hours of receipt of your order. The courier will submit a claim to us and we will be able to re-ship the damaged or lost pieces of your order.
In all cases of damaged, or faulty products, you MUST contact the office before returning to gain Return Authority to ensure you will receive your replacement or refund timely and accurately.
Force Majure
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.
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.
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.