Interpretation
In these Terms and Conditions of Sale
“the Seller” means Custom Ladder Company Pty. Ltd. trading as Ladderzone. Australian Company Number ACN 059 666 830
“the Buyer” means the person or company placing an order with the Seller for the purchase of Goods or Services
“Goods” means Goods or Services that the Seller proposes to sell or has sold to the Buyer and as described on the invoice of the Seller, or as available separately.
Entire Contract
In consideration of the Seller agreeing to sell Goods to the Buyer, the Buyer hereby acknowledges the above Terms and Conditions of trade of the Seller. The Buyer further acknowledges that these Terms and Conditions of trade have been read and understood by the Buyer and the Buyer agrees in all respects to be bound by them and accepts that these Terms and Conditions constitute the sole offer by the Seller to sell the Goods to the Buyer, which offer the Buyer accepts by taking delivery of the Goods. The Buyer further agrees that these Terms and Conditions of Sale shall prevail over all terms and conditions of the Buyer’s order to the extent of any inconsistency.
Delivery
Unless otherwise agreed in writing, all delivery dates are estimates and the Seller shall use its reasonable efforts to deliver all Goods within the time specified; however, in no case shall Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Seller’s failure to deliver Goods by the specified date.
Freight and Shipment
Where the Buyer requests that the Seller shall arrange all charges in connection with shipment and delivery of Goods to the Buyer; then in such case the Buyer agrees to pay the amount of all charges at the same time as payment is made for the Goods. Shipment method is at Seller’s discretion unless the Buyer instructs otherwise in writing. Title to the Goods passes to the Buyer when Goods are delivered to the selected carrier.
Terms of Payment
Payment for orders received online is prepayment by credit card or Electronic Funds Transfer. For approved account customers the Buyer hereby guarantees payment for all Goods and associated services supplied will be made within the term given on the invoice of the Supplier and further agrees that if at any time payment is overdue the Supplier is justified to proceed legally to recover the debt. The Buyer also agrees that if the Supplier instructs a collection agency to collect any amount owing by the Buyer after the expiry of the aforementioned period the Buyer will pay the Seller in full the whole of costs incurred including collection agency commission.
Property
Property in the Goods shall remain with the Seller until such time as; full payment for the Goods is made by the Buyer to the Seller; or the Buyer sells the Goods in the normal course of business. If the Buyer fails to pay all or any part of the Buyer’s indebtedness to the Seller under these conditions, the Seller may without notice recover and/or resell the Goods or any of them and may enter upon the premises of the Buyer by its servants or agents for that purpose. Until such time as full payment for the Goods is made by the Buyer to the Seller, and in the event of sale of the Goods by the Buyer, the Buyer shall assign to the Seller the benefit of any claim against any party to whom such Goods have been sold and account to the Seller for the proceeds of such sale.
Claims
Claims arising from but not limited to transit damage or supply error will not be recognised by the Seller unless made within 7 days from the carriers delivery date to the Buyer. Upon receipt of Goods the Buyer shall inspect the Goods immediately and notify Seller, in writing, of any defect or other cause for rejection. Failure to notify Seller within the 7 day period shall constitute irrevocable acceptance of the Goods by the Buyer. This clause shall not apply for minor or major faults as defined under Australian Consumer Law and any rights or remedies in respect of the Goods which the Buyer has under Australian Consumer Law, the Trade Practices Act and other State and Territory laws.
Warranty
The Seller warrants the purchased Goods free from defects in materials and workmanship at the time of delivery and that if any part thereof proves to be defective in workmanship or material within one year from the date of original purchase the Seller will at its option, repair or replace such defective part free of charge. Upon discover of any defect in the goods supplied by the Seller, the Buyer shall immediately notify the Seller in writing. The Buyer shall not carry out any remedial work to allegedly defective goods without first obtaining the written consent of the Seller to do so. This Warranty does not apply to defects in the product arising from, but not limited to, incorrect assembly, misuse, neglect, overloading, shipping, transport, impact, unauthorised alteration or repair, accidental, environmental or intentional damage. The benefits conferred by this Warranty are in addition to all other rights and remedies in respect of the product which the Buyer has under Australian Consumer Law, the Trade Practices Act and other State and Territory laws.
Sellers Liability
The Sellers liability for any breach of conditions or warranty expressed or implied is hereby limited to:
In the case of Goods, any one or more of the following: –
Replacement of the Goods or the supply of equivalent Goods
Repair of the Goods
Payment of the cost of replacing the Goods or the supply of equivalent Goods
Payment of the cost of repair of the Goods; or
In the case of services: –
Supply of the services again; or
Payment of the cost of the supply of services again
To the extent permitted by law, the Seller does not warrant the suitability of the Goods supplied to the Buyer for any particular purpose even though information or samples may have been supplied to the Buyer. All information given by the Seller to the Buyer is given in good faith but the Seller will not be bound by any warranty, condition, representation or statement unless it has been specified in writing and the Seller shall have no liability whatsoever for any loss, injury, damages or expenses suffered or incurred whether directly or indirectly by the Buyer or any of the Buyer’s agents or employees or any other party using the Goods.
This policy does not limit any rights or remedies in respect of the Goods which the Buyer has under Australian Consumer Law, the Trade Practices Act and other State and Territory laws.
Governing Law
This contract shall be construed according to and governed by the laws of the State of New South Wales in the Commonwealth of Australia and the parties hereto accept and submit to the jurisdiction of the courts of that State.