RTM AGENCIES 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 standard 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. The warranty period on basins and 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.