Our Guarantees, Terms and Conditions
CONDITIONS OF SALE
These Conditions of Sale apply to all Customers.
100% SATISFACTION GUARANTEE
1.1 The customer may return goods manufactured by the company that are still in saleable condition, that the customer is not happy with because
a) of quality, for either a credit note or credit applied to their account if the customer has one with the company, of the goods cost only, or
b) the customer deems the goods not suitable for the application intended. This includes colour, finish, size, flexibility or any other property of the companies product. In this case the customer must pay for the goods and receive either a credit note or credit applied to their account if the customer has one with the company.
1.2 The 100% Satisfaction Guarantee does not apply to goods that were purchased on SALE, SECONDS or SPECIAL.
1.3 The customer has 7 days from when the goods have been delivered to claim under this guarantee.
1.4 The Customer must produce the invoice number on which the goods were purchased.
1.5 Any credit will exclude all charges for packaging, freight, customs duties, import taxes etc. The credit or refund only applies to the purchase price of the item itself, being returned.
1.6 Once the company has accepted a claim under this guarantee, the customer must return the goods, following the companies directions, within 15 days at their own expense.
1.7 These clauses supersede clause 7.1 where this 100% Satisfaction Guarantee has been accepted by the company.
BEST PRICE GUARANTEE
2.1 The company will beat any competitors price on like product that the company manufactures itself. Like product, means product that exhibits similar properties. For instance, products with cotton content would be matched with BeltTECH or other product at the companies discretion.
2.2 To claim this guarantee the customer must produce a copy of a recent invoice or written quote from the competing company or other such proof of price as the company will accept. The company is entitled to ask for this proof of price with each new purchase.
2.3 This guarantee does not apply to
a) SALE, SECONDS or SPECIAL items offered by a competitor, unless agreed to by the company.
b) Any practice by a competing company, that the company deems as unfair pricing. The company will only accept normal market pricing.
2.4 The Best Price Guarantee only applies to ProTECH, BeltTECH, and WeldTECH. The company will do its best to extend this guarantee to its other products, but is under no obligation to do so.
3.1 All quotations for price of goods are based on current prices. The Company reserves the right to increase the prices to cover any additional price increase by their supplier without notice if the increase is less than 15% of the contract price in any one month period. If the increase is over 15% of the contract price the Company will notify the Customer in writing and the customer has the right to cancel the order if:
a) He gives the Company notice in writing 7 days prior to the goods being delivered; or
b) Where the goods are being specially made and not part of the Company's normal stock, 7 days notice in writing prior to the Company placing the order.
3.2 All taxes including GST and Sales Tax are the responsibility of the Customer unless expressly stated in the contract.
TERMS OF PAYMENT
4.1 Payment is strictly cash on delivery or 20th of the next month if an account application has been approved by the company. Any variations of this must be in writing authorized by an authorized officer of the Company. The Customer shall not be entitled to withhold, reduce or defer any payment on account of any claim, counterclaim, set-off or otherwise.
4.2 Any additional payments due by the Customer pursuant to any provision of the contract shall be added to the contract price and paid at the time provided for payment of the contract price in the contract or in these conditions of sale including that the Company is entitled to obtain a credit report from time to time and the Company may in its discretion charge the customer for the costs of same.
4.3 The customer will not be entitled to withhold any part of the payment for retentions unless specifically accepted by an authorized officer of the Company prior to the Company's acceptance of the contract.
4.4 If the Company shall at any time deem the credit of the Customer to be unsatisfactory, it may require security for payment and may suspend performance of its obligations under the contract until the provision of such security.
4.5 All costs and expenses incurred by the Company as a result of default or suspension of credit shall be payable by the Customer upon demand.
4.6 Interest on all amounts unpaid after the due date for payment will incur penalty interest at the rate of 24% per annum 2.0% per month) calculated on a daily rate on a compounding basis and will remain after Judgment (as well as before) until the full amount of the debt and interest is paid.
5.1 All claims for errors or short delivery must be made within 7 days of delivery.
5.2 Delivery will be charged for at the rate determined at the time of placing the order. If not determined at that time by the customer it will be the usual charge of the company.
5.3 If the Company is arranging delivery of the goods, it will be entitled to deliver the goods between 700am and 500pm on any day other than a public holiday or as arranged with the Company at the time of placing the order. The goods shall be deemed to be delivered by the Company to the delivery site notwithstanding the Customer or an authorized agent is not present.
5.4 Any damage or deterioration to the goods after delivery is the Customers responsibility.
6.1 If the contract stipulates a time for the delivery of the goods such time shall be approximate only and shall not be deemed to be the essence of the contract.
6.2 The Company shall not be liable for failure to deliver or for any delay in delivery where such failure or delay is occasioned by matters outside the control of the Company.
6.3 If the manufacture, supply or delivery of the goods is delayed by reason of or as a result of any act, omission, default or request by or on behalf of a Customer, the Company may without prejudice to its other rights and remedies, require payment by the Customer of such portion of the contract price as represents the extent to which the Company has performed the contract together with any expenses or additional costs incurred by the Company as a result of such delay. In the event of such delay continuing beyond a reasonable time the Company may terminate the contract without prejudice to any other right or remedy.
7.1 The Company may in its discretion accept goods returned by the Customer and charge at its discretion a return fee equal to 25% of he price of the goods if:
a) The Customer produces the invoice number on which the goods were purchased or the invoice; and
b) The goods were not purchased on SALE, SECONDS or SPECIAL.
7.2 The Company will not accept return of goods which have been specially ordered or manufactured for the Customer and are NOT part of the Company's normal stock in trade.
8.1 The Customer shall not have any right of rejection, but shall in the event of any dispute, including disputes regarding quality, accept and pay for the goods and later settle any claim with the Company.
8.2 If, notwithstanding this clause, any goods are rejected by the Customer, the Company shall be free to sell such goods without prejudice to any claim the Company may have against the Customer for damages or any other rights or remedies of the Company.
8.3 The Customer is deemed to be satisfied with the goods supplied and services rendered by the Company unless notice to the contrary is given in writing to the Company within seven (7) days of the delivery of goods.
9.1 Ownership of the goods shall not pass to the Customer until the Customer has paid all that is owing to the Company. Until ownership has passed the Customer holds the goods on behalf of the Company under the following conditions:
a) The Company is irrevocably permitted to enter on to the Customer's premises to inspect and/or repossess the goods.
b) The Company may repossess the goods at any time after;
i) the due date for payment of any of the goods; or
ii) the commencement of the Liquidation of the customer; or
iii) the committing of an act of bankruptcy by the customer; or
iv) any attempt to enter into a debt compromise arrangement with the Customer's creditors.
c) If the Customer manufactures, intermingles or deals with the goods in such a manner that they become an integral part of any other object then the Customer shall be deemed to do so as agent of the Company and ownership of the goods will remain with the Company as a principle.
RIGHTS OF RESALE
10.1 WeldTECH may not be on sold, given, or transferred in any way to another party or country, unless:
a) the WeldTECH product forms part of an assembly where the WeldTECH has been welded at least 50% of its length and is not intended to be later welded into another project; or
b) the company gives written permission to do so.
11.1 Where the Company supplies goods to the Customer, not manufactured by the Company, then where the manufacturer or supplier of any such goods or components provides any warranty, the Company shall use its best endeavours to make such warranty available to the Customer.
12.1 The Company's liability to perform the contracts shall be suspended if the Customer commits any act of bankruptcy, enters into any debt compromise with any of its creditors, or liquidation proceedings are commenced against the Customer. Payment for the goods delivered and work performed up to the date of such suspension or termination shall immediately become due and payable.
12.2 The total liability of the Company whether in contract, tort or otherwise if the loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the goods with any specifications or any other breach of the Company's obligations under this contract will not in any event exceed the purchase price of the goods only and only take the form of a credit note or credit applied to their account if the customer has one with the company.
12.3 The Company shall not be liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind whatsoever suffered by the Customer arising directly or indirectly from any breach of any of the Company's obligations arising under or in connection with the contract nor for damage or loss caused by the Customers servants, agents, buyers, or other person whatsoever.
12.4 The Customer shall indemnify the Company against any claims by the customer's servants, agents, customers or other persons (whether similar to the foregoing or not) in respect of loss, damage or injury arising from any defect in or non-compliance of the goods or in any respect of any matter whatsoever.
13.1 All trade marks, drawings, specifications, and other technical information provided to the Customer by the Company in connection with the contract shall remain vested in the Company.
13.2 The customer may use the companies trade marks to promote products that have the companies content in it.
CONSUMER GUARANTEES ACT 1993
14.1 Where goods or services are required by the Customer for business purposes, the Customer agrees that the Consumer Guarantees Act 1993 does not apply.
14.2 Nothing in these terms and conditions is extended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and all provisions of these terms and conditions shall be read and modified to the extent necessary to give effect to that intention.
PRIVACY ACT 1993
15.1 The Customer authorizes any person or company to provide the Company with credit information, and for the Company to provide details on the debtor and other information of trading with the Company to a third party.