Page 450 - Hartac Flip Catalogue 2014

terMs And CondItIons

1. INTERPRETATION 10. PROVISION OF CREDIT operate for any reason within the warranty period and the
1.1 In these terms and conditions; 10.1 The provision of credit by HARTAC SALES to the CUSTOMER, GOODS are returned to Hartac Sales at the CUSTOMER s
(a) “HARTAC SALES” means Hartac Sales and Distribution Pty and the terms of such credit, is at the absolute discretion of expense, HARTAC SALES will repair or replace the GOODS
Ltd of 19 Wheeler Street Belmont WA 6104. HARTAC SALES. Without prejudice to the generality of the free of charge:
(b) “CUSTOMER” means the CUSTOMER whose name foregoing: (a) The GOODS must be returned to HARTAC SALES with
appears on the quotation or invoice. (a) HARTAC SALES may in its absolute discretion extend and/ proof of purchase,
(c) “GOODS” means all of the products and, if any, services or continue to extend credit to the CUSTOMER subject (1) Our GOODS come with guarantees that cannot be
supplied by HARTAC SALES to the CUSTOMER as to the provision of such details as HARTAC SALES may excluded under the Australian Consumer Law. You
are entitled to a replacement or refund for a major
described on the purchase order agreed to by HARTAC require; or failure and compensation for any other reasonably
SALES and the CUSTOMER , or otherwise whatsoever. (b) HARTAC SALES may in its absolute discretion extend and/ foreseeable loss or damage. You are also entitled to
1.2 Nothing in these terms and conditions shall be read or or continue to extend credit to the CUSTOMER subject to have the GOODS repaired or replaced if the GOODS
the provision of security whether by personal guarantees
applied so as to exclude, restrict or modify or have the fail to be of acceptable quality.
effect of excluding, restricting or modifying any condition, or other security in a form which is acceptable to HARTAC
warranty, guarantee, right or remedy implied by law SALES; or (2) Any claim under this warranty must be made within
(including, without limitation the Trade Practices Act 1974 (c) HARTAC SALES may in its absolute discretion cancel or 21 days of the date of the purchase of the product. To
make a claim under the warranty, the products must
and the Fair Trading Act 1987) and which by law cannot be vary credit made available to the CUSTOMER in which be returned to HARTAC SALES 19 Wheeler Street
excluded, restricted or modified. case the CUSTOMER shall forthwith pay to HARTAC Belmont WA 6104, phone 08 9373 3700, email
2. GENERAL SALES the cash amount of the credit withdrawn. sales@hartac.com.au.
2.1 These terms and conditions form part of the sales 11. REFUNDS (b) The GOODS must not have been altered in any way.
agreement between HARTAC SALES and the CUSTOMER, and 1.1 All refunds made by HARTAC SALES shall be made by way (c) Failure of the GOODS must not be due to misuse,
prevail over all terms and conditions of the CUSTOMER’S of crediting the account unless the CUSTOMER paid for the improper installation, and connection to the wrong
order to the extent of any inconsistency between the two. GOODS or products sold by HARTAC SALES in cash and has voltage or any other abuse.
3. TERMS AND CONDITIONS OF SALE expressly requested in writing a cash refund. (d) HARTAC SALES will not be responsible for damage or loss
3.1 The GOODS and all other products sold by HARTAC SALES to 12. RETURN OF GOODS FOR CREDIT to GOODS caused during shipping.
the CUSTOMER are sold on these terms and conditions of 12.1 Subject to the following conditions, the CUSTOMER may 15.2 Apart from any warranties implied by the Trade Practices Act
trading. return GOODS to HARTAC SALES and receive credit. 1974, the Fair Trading Act 1987 (WA) and/or part V of the
4. VENDOR’S QUOTATION (a) HARTAC SALES shall not be under any obligation to sale of GOODS Act 1895 (WA), all other warranties express
or implied and whether arising by virtue of statute or
accept GOODS returned by the CUSTOMER and will
4.1 Any quotation made by HARTAC SALES to the CUSTOMER do so only on terms to be agreed in writing in each otherwise are hereby excluded.
shall not constitute offer to sell and any order made individual case. 15.3 Any repair of GOODS undertaken by HARTAC SALES,
pursuant to any quotation shall not bind HARTAC SALES (b) The GOODS must be returned with the original packing. which are found to be faulty due to misuse or improper
unless such an order is expressly accepted in writing by installation, shall be charged to the CUSTOMER at HARTAC
HARTAC SALES. (c) If the GOODS returned are over 7 days old, then HARTAC SALES’s current hourly rate for required labour.
SALES shall be entitled to charge the CUSTOMER
5. PACKING restocking fee of up to 15% the current price of the 15.4 HARTAC SALES will supply replacement GOODS not less
5.1 The cost of any special packing and packing materials GOODS is applicable. than 7 working days or as soon as practicable after the
used in relation to the GOODS shall be at the CUSTOMER’S (d) If a credit return is accepted by HARTAC SALES credit note receipt of returned GOODS. Where the CUSTOMER requires
expense notwithstanding that such cost may have been will be issued to the CUSTOMER by HARTAC SALES no immediate replacement, HARTAC SALES shall be entitled to
omitted from any quotation and the customer agrees to pay less than one working day after such acceptance. charge the CUSTOMER for the additional cost of doing so.
any such reasonable cost. (e) Any custom made products cannot be returned for credit. 15.5 If by reason of stock shortage or discontinued lines, no exact
6. DELIVERY 13. RETENTION OF TITLE IN GOODS replacement GOODS can be supplied by HARTAC SALES then
HARTAC SALES reserve the right to supply a substitute that
6.1 The CUSTOMER shall take delivery of GOODS at the 13.1 HARTAC SALES shall remain the legal and beneficial owner is a close an equivalent to the replacement GOODS as is
CUSTOMER’S nominated delivery address. The delivery of GOODS delivered to the CUSTOMER and property in the reasonably available to HARTAC SALES.
times made known to the CUSTOMER are estimates only GOODS shall not pass to the CUSTOMER until payment by
and HARTAC SALES is not liable for late delivery or non- the CUSTOMER to HARTAC SALES of all money owing by the 16. CUSTOMER S PROPERTY
delivery. HARTAC SALES is not liable for any loss, damage CUSTOMER to HARTAC SALES. 16.1 Any property of the CUSTOMER under HARTAC SALES’s
or delay occasioned to the CUSTOMER or its CUSTOMER’S 13.2 THE CUSTOMER takes possession of the GOODS as a trustee custody or control shall be entirely at the CUSTOMER’S risk
arising from late delivery or non-delivery or late installation and bailee of HARTAC SALES and agrees to keep the GOODS as regards loss or damage caused to the property or by it.
of the GOODS. separate from the CUSTOMER’S own and that of third parties 17. STORAGE
7. LOSS OR DAMAGE IN TRANSIT and properly and separately stored, protected and insured 17.1 HARTAC SALES reserves the right to make a reasonable
7.1 HARTAC SALES is not responsible for any loss or damage to until payment in full to HARTAC SALES. charge for storage if sufficient delivery instructions are not
GOODS in transit. HARTAC SALES shall give the CUSTOMER 13.3 In the event that the CUSTOMER fails to pay any sum owed provided by the CUSTOMER.
such assistance as HARTAC SALES may regard as reasonably to HARTAC SALES in respect of the GOODS or commits and 18. GOODS
necessary to press claims against carriers provided that the act of bankruptcy or a receiver or receiver and manager
CUSTOMER; or a controller or managing controller is appointed or the 18.1 All GOODS to be supplied by HARTAC SALES are as described
(a) Notifies HARTAC SALES and the carriers in writing within CUSTOMER goes into liquidation, voluntary administration on the purchase order agreed by HARTAC SALES and
the CUSTOMER. The description prevails over all other
24 hours of the receipt of the GOODS and or some other form of insolvency administration whether descriptions including any CUSTOMER’S specifications or
(b) Lodges a claim against the carrier within 3 days of the formal or informal or the CUSTOMER proposes or enters inquiry.
into scheme or compromise or arrangement or deed of
date of receipt of the GOODS. company arrangement with the CUSTOMER ’s creditors 19. LIABILITY
8. PRICES or the CUSTOMER ceases to carry on business then, 19.1 HARTAC SALES will not be liable for any lost revenue or
8.1 All prices quoted by HARTAC SALES are those listed on without prejudice to any other rights of HARTAC SALES, profit caused by the use of the GOODS. It is the CUSTOMER’S
HARTAC SALES’ current price list. The price list is subject HARTAC SALES is entitled to enter immediately onto the responsibility to ensure that data stored in or associated
to change without notice. CUSTOMER’S should check the CUSTOMER’S premises at any time and retake possession of with the GOODS is adequately protected or backed up.
current price availability of items before ordering. all GOODS and the CUSTOMER hereby expressly authorises 19.2 Except insofar as they cannot be excluded or limited,
8.2 Prices of GOODS are subject to alteration without notice and, and agrees to HARTAC SALES being entitled to enter into the all warranties terms and conditions whether express or
whilst every effort is made to adhere to prevailing prices, CUSTOMER’S premises for such purpose. implied by statute, common law or trade custom or usage or
orders are accepted strictly on the basis that the price which 13.4 HARTAC SALES authorises the CUSTOMER to sell or use otherwise, are hereby expressly excluded.
will apply is the price ruling at the date of dispatch. GOODS in the ordinary course of the CUSTOMER’S business 19.3 To the extent that any term, warranty or condition cannot be
8.3 Published or quoted prices are exclusive of GOODS and and upon such use or sale: excluded, such term, warranty or condition is, to the extent
Service Tax, which will be charged at the rate applicable at (a) As between HARTAC SALES and the CUSTOMER, the permitted by law, limited to the;
the appropriate tax point. CUSTOMER sells the GOODS on behalf of and as bailee (a) Repair of GOODS;
8.4 Any variation to prices from those quoted which arise as and trustee for HARTAC SALES; (b) Replacement of GOODS or the supply of equivalent
a result of government taxes and levies will be for the (b) As between the CUSTOMER and any third party, the GOODS, or
Purchaser’s account. CUSTOMER sells as principal; (c) Payment of the cost of either (a) or (b).
9. PAYMENT (c) The CUSTOMER shall hold an account for the whole of the
proceeds of the such sales separately and upon trust for
9.1 If payment in full is not made by the due date, HARTAC HARTAC SALES; and 20. CANCELLATION
SALES is entitled to: (d) HARTAC SALES shall be entitled to the whole of the 20.1 No order may be cancelled except with HARTAC SALES’s
(1) Apply interest at the rate of 4% above the rate of interest proceeds of such sale provided that the CUSTOMER consent in writing and on condition that the CUSTOMER
charged by the Bank of Western Australia on overdrafts in shall be entitled to deduct amounts from the sale indemnifies HARTAC SALES against all losses resulting from
such cancellation.
excess of $100,000.00; proceeds held on that trust, but only to the extent that
(2) Require payment in advance of delivery for undelivered the remaining sum held on that trust is not less than the 21. WAIVER
GOODS; amount of the purchase of the GOODS sold. 21.1 The failure by HARTAC SALES to enforce any of these terms
(3) Refuse to make delivery of any undelivered GOODS, 14. GOODS AND SERVICES TAX and conditions does not constitute a waiver of HARTAC
whether ordered under the contract or not and without 14.1 HARTAC SALES will always charge the CUSTOMER and the SALES’s rights to enforce them.
incurring any liability whatsoever to the PURCHASER for CUSTOMER will pay to HARTAC SALES the GOODS and 22. SEVERABILITY
non-delivery or delay in delivery. Services Tax (GST) payable on the supply of the GOODS by
9.2 CUSTOMER’S who have been authorised and have made HARTAC SALES to the CUSTOMER according to the current 22.1 To the extent that any one or more of the provisions
herein contained is prohibited by any applicable law, such
prior arrangements with HARTAC SALES, may deposit tax rate laid down by the Australian Taxation Office. provision shall to such an extent be ineffective without
payment of the purchase price for GOODS directly into invalidating or modifying the remaining provisions which
HARTAC SALES’s bank account unless otherwise notified, 15. WARRANTY shall continue in full force and effects as if the provisions so
The banking details for HARTAC SALES are: 15.1 HARTAC SALES warrants that GOODS are free from defect prohibited had not been included.
BANK Bankwest in workmanship and materials for a period of 12 months
from the date of invoice to the CUSTOMER, Subject to
BRANCH James Street Northbridge WA the following conditions of warranty, if the GOODS fail to
ACCT NAME Hartac Sales and Distribution Pty Ltd
450 W: www.hartac.com.au Free call within Australia 1800 427 822 Free call within Australia 1800 427 822 W: www.hartac.com.au
+61 8 9373 3700
E: sales@hartac.com.au
International enquiries
E: sales@hartac.com.au
+61 8 9373 3700
International enquiries