STANDARD TERMS OF CONDITIONS OF SALE – CALORE FIREPLACES AND STOVES PTY LTD T/A CALORE SUSTAINABLE ENERGY
1. Price, specifications and terms are subject to change, Customers are therefore requested to peruse and confirm the prices, specification and terms when placing an order.
2. Notwithstanding anything to the contrary, our obligation to deliver the goods on time shall in all cases be subject to the following:
Whilst delivery times are given in good faith and we use every endeavour to comply therewith, no responsibility can be accepted for any loss or damage incurred by the Client on account of any delay in delivery arising out of any circumstances beyond our control, which circumstances will include, but in no way be limited to:
any delays in the supply of material by our suppliers which cannot be directly or indirectly attributed to them;
- the client not providing us with necessary information alternatively access to their property in order to determine the specifications of the material/goods to be supplied ;
- if the balance of the contract price payable on date of reservation is not paid on date of anticipated reservation.
We will communicate unavoidable delay in the delivery.
3. Unless otherwise stipulated, the Purchaser shall take delivery of the goods at the Sellers premises.
4. The terms of payment for account Purchasers are 30 days from date of statement. In the event that the Purchaser fails to make payment of the contract price, on due date, then and in such event the Purchaser acknowledge that the Seller shall be entitled to charge interest on all overdue amounts at the maximum rate allowed by law.
5. The Purchaser may not claim any reduction of the contract price for any short delivery or, breakage of, or defects on any of the goods unless the Seller is notified thereof by the Purchaser:-
5.1 endorsing the delivery note, under cover of which the goods are delivered, with its complaint
5.2 giving written notice detailing any such shortage, breakage or defect, within 4 ( FOUR) days, after the Purchaser received the goods.
6. Terms and conditions for claims or return of goods
6.1 The Seller shall not be obligated to accept any goods returned by the Purchaser for credit or any claim for any shortage, unless the Purchaser has complied with the provision of clause5.
6.2 Should the Purchaser wish to return goods that were over-ordered, it will be entirely at the Sellers discretion to accept the returned goods for refund. The goods will first be inspected, must be returned in good order and in their original, unopen boxes. The Seller will not accept good s after 30 days from date of invoice, nor if the goods are no longer stock items. The Purchases agrees that the Seller shall be entitled to a handling charge in an amount equivalent to 15% (Fifteen present) of the selling price of the goods returned.
7. Refund policy:
Please choose carefully. The Seller does not normally give refunds if you simply change your mind or make the wrong decision. You can choose between a refund, exchange or repair , where goods are defective within the warranty period or within 10 business days the products are wrongly described, different from the sample shown to you or do not perform. If the product are installed, affixed amended we will not accept a return of the product, unless defective. We will charge a handling fee if the return is accepted by management.
8. In the event that the Seller is obliged to institute action against the Purchaser for the reimbursement of any amounts due, arising out of this agreement, the Purchaser acknowledge that he shall be obligated to pay all cost arising out of the institution of the action including legal cost on the scale between Attorney and Clients, including collection commission.
9. The Purchaser selects the official postal address as the address given on their most recent credit application form, where all notices, processes and documents in connection with or arising out of this agreement may validly be served.
10. Ownership of the goods shall remain the sole and absolute property of the Seller until such time as the goods have been paid for in full. Notwithstanding the afore-going, the risk in the goods shall pass to the Purchaser on delivery of same to him or his duly authorized agent.
11. In the event that any written order of goods is placed by any party acting in a representative capacity then such a party herby warrants that he is duly authorised so to sign and in the event that such party is not so authorised then and in such event such a party hereby specifically acknowledges that he shall become personally liable to the Seller in respect of all and any amounts that may become due and payable to the Seller arising out of such agreement.
12. It is the sole responsibility of the Customer to determine that the goods or services ordered are suitable for the purpose of intended use unless such purpose should have been within the reasonable knowledge of the seller.
13. The supplier warrants its customers that the goods which have been supplied by the Company and delivered to the Customer shall be free from defects and subject to the following:
The warranty is effective for a period of six months minimum or as per the Manufacturers manuals. The date is determined from date of transfer of ownership/ full payment of invoice and the Customer will be entitled to either request a refund; replacement or repair of goods if goods are defective within such period;
The supplier shall not be liable or responsible in any way for any damages of whatsoever nature, including consequential and penal damages, caused by or due to any failure of operation or malfunction of the goods, unless such damages can be attributed to any circumstances reasonably within the control of the supplier.
The warranty shall immediately be rendered null and void in the event of any of the following:
- Any alterations or modifications made to the goods supplied, without the prior consent of the supplier;
- Failure to use goods in accordance with the instructions and specifications of the Supplier;
- General misuse and abuse of goods by the Client;
- Any damage caused by fire, flood, civil disturbance or act of God;
13.1 If any such warranty or guarantee is given by the Sellers and all or part of the goods fail for any reason whatever to comply with that warranty or guarantee then:
13.1.1 The Purchaser must notify the Seller verbally within forty-eight hours, and thereafter in writing within seven day, after the Purchaser becomes aware of the fact that the goods in question do not comply with that warranty or guarantee;
13.1.2 The Seller may inspect the goods in question at the Purchaser’s premises;
14. No relaxation or indulgence which the Seller may afford to the Purchaser shall in any way prejudice the Sellers rights.
15. The agreement represents the entire agreement between the parties and no alteration or variation herein shall be of any force or effect unless reduced to writing and signed by the parties.