Please note that RTM Products Pty. Ltd. do not sell direct to the public.
RTM PRODUCTS PTY LTD CONDITIONS OF
These
conditions of sale will apply unless otherwise agreed in writing to this
contract and all future sales contracts with the purchaser by the company.
1. Acceptance by the purchaser
of a quotation by the Company shall be consistent with these conditions and shall
be read and construed as subject to these conditions.
2. An order shall be binding
on the purchaser hereto, if either,
a) The goods are manufactured by the company in
accordance with the order, or
b) The goods ordered are delivered to the purchaser,
his servants or agents, or
c) The purchaser accepts the company’s quotation.
3. Any times quoted for
delivery are estimates only and the company shall not be liable for failure to
deliver in delivery arising from any cause whatsoever. The company in any such
event is entitled to cancel the contract with the purchaser and the purchaser
shall not have any claim against the company in respect of such cancellation.
The purchaser shall not be relieved of any obligation to accept or pay for
goods by reason of any delay in delivery or despatch. The company reserves the
right to deliver in instalments and each instalment shall be sold under a
separate contract. Failure to deliver any instalments shall not entitle the
purchaser to repudiate this contract.
4. a) Unless otherwise agreed in writing the price for the goods shall be
that price charged by the company at the time of delivery including the amount
which the company is required to pay on account of any taxes or excise.
b) All goods will be invoice the day of despatch from
the company’s warehouse.
c) The company may from time to time issue “special
price lists’ on standard product lines. These special prices shall only be
available on a while stocks last basis. If the purchaser does not order these
standard lines quoting the special pricing the company may invoice the goods at
the wholesale price.
d) The terms or payment for the goods shall be
strictly 30 days from date of statement. Where a settlement discount for prompt
payment is offered, this can only be claimed if the payment is received prior
to the end of the 30 days.
5. The company shall not be
liable for any loss or damage caused to the goods directly or indirectly once
delivery to the purchaser, his servants or agents is affected.
6. The company reserves the
right to form trading agreements with whomever it chooses and where it deems
necessary, because of volume, price structure or other reasons, to make contact
with possible clients on any of the company’s product lines.
7. Where the company offers an
extended warranty, beyond that which is required by legislation, this warranty
covers faulty workmanship and materials. Replacement is limited to the item or
portion that is faulty and does not include onsite labour. At the tome of
printing this document, the warranty period on Polymarble
Tops and basins is 10 years and on cabinets is 1 year. Items not fitted to our
installation instructions are not covered by any warranty.
8. The company shall have no liability
in respect of any claim that the goods or any portion of them, were damaged in
transit unless the consignment note from the carrier is signed as damaged on
receipt of goods and that the purchaser lodges a formal claim with the company
within 24 hours of receipt of goods.
9. Claims for shortages are to
be made within 7 days of delivery. Merchandise is to be returned only upon
written authority of the company and adequately packed for transport. The
company accepts no responsibility for merchandise returned without such
authority. No claim for damage direct or indirect in respect of these goods
shall in any event exceed the total invoice price of the goods in respect of
which the claim is made. Where an order or part thereof is returned at the purchaser’s
request and this being accepted by the company the cost of freight and a 20%
re-stocking charge will apply and an invoice number must be quoted.
10.1 All goods supplied to the
Purchaser shall remain the sole and absolute property of the Company as legal
and equitable owner until the full price of the goods has been paid to the
Company, as well as all other moneys due to the Company from the Purchaser.
Cheques or other negotiable securities given by the purchaser shall not be
deemed to be such payment until cleared.
10.2 Until the goods supplied
hereunder and any other goods supplied by the Company to the purchaser are paid
for in full:
a) The Purchaser acknowledges that he is in possession
of the goods solely as the bailee for the Company.
b) The Purchaser shall store the goods separately from
his own goods or those of any other person, in a manner, which render them
clearly identifiable as goods of the Company.
c) The Company may (without prejudice to any of its
other rights), without previous notice retake and resume possession of goods
which remain the property of the Company and by its servants and agents may
enter upon the Purchaser’s premises or any other place where the goods maybe
for that purpose.