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© FANTECH
2016
REFERENCE INFORMATION
CONDITIONS OF TRADING - AUSTRALIA
O-17
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1. DEFINITIONS:
In the following Standard Terms of Trading and Quotations ("this Contract"),
"the Company" shall mean Fantech Pty Ltd (ACN 005 434 024), and "the Buyer" shall mean
the person or entity purchasing "the goods", being the goods the subject of this Contract.
2. GENERAL:
Unless otherwise agreed in writing the terms of this Contract shall be deemed
incorporated in any order placed by the Buyer and any acceptance of a Buyer's order by
the Company shall be deemed subject to the acceptance by the Buyer of this Contract. In
the event of any conflict arising between any terms in this Contract and any term which the
Buyer might additionally seek to impose in relation to its order this Contract prevails. The
terms of this Contract override and replace any other conditions of the Buyer. This Contract
may be changed at any time and the change will be effective upon the first transactions
following the adoption by the Company of the new terms.
3. QUOTATIONS
3.1 Except where the quotation is expressly designated otherwise written quotations are
valid for sixty (60) days and are subject to re-quotation thereafter.
3.2 Variations in rates of exchange on imported goods affecting the amount paid by the
Company for goods supplied shall be added to the Buyer's account.
3.3 Quotations are subject to Goods and Services Tax ("GST") pursuant to A New Tax
System (Goods and Taxation) Act 1999 as amended.
4. TERMS OF PAYMENT
4.1 If credit is given, the settlement of account is payable within thirty (30) days of the end
of the month of dispatch or collection of the goods regardless of the date that the
Buyer receives an invoice or statement for the goods from the Company unless
otherwise agreed in writing.
4.2 Any payment or part thereof remaining unpaid after such period of thirty (30) days
shall in the absolute discretion of the Company carry interest thereon at the rate of two
(2) percent per month and calculated daily.
4.3 The Company reserves the right to charge a surcharge for payment of any monies
owed by the buyer via credit card or debit cards.
4.4 Time is of the essence regarding the marking of all payments.
4.5 Notwithstanding the imposition of interest charged pursuant to this clause, such
interest charges shall not be regarded as allowing any time for payment of any
amount owing but are agreed as constituting compensation payable to the Company
because of delay in payment.
4.6 Notwithstanding the imposition of any interest charged in respect of monies unpaid,
all such monies shall remain immediately due and payable to the Company and the
Company shall be entitled to take legal proceedings at any time for recovery of any
money bearing interest charges pursuant to this clause.
4.7 In addition to the Company's other rights set out in this clause, the Buyer agrees that
the Company shall have the rights (although it shall not be bound to do so) to
suspend delivery to the Buyer of all or any outstanding orders if the Buyer is in default
under this Contract.
5. DELIVERY & TRANSPORT
5.1 Unless otherwise agreed in writing the Company reserves the right to charge the
Buyer the cost of transportation of the goods to the destination which appears on the
Buyer's order. In all cases the Buyer warrants that in cases where delivery is to be
made by road transport sufficient and suitable access to the said destination including
a road surface capable of withstanding the weight and size of the transport and loads
involved is available. In the event of any additional costs or expenses being incurred
by the Company the full amount thereof will be payable on demand by the Buyer.
5.2 Whilst every effort is made to deliver goods on the dates or within the periods
mentioned in any quotation or order such as dates or periods shall be deemed to be
for information purposes only and shall not form part of this Contract unless
specifically agreed in writing to be of the essence and in absence of such a special
agreement the Company accepts no liability whatever for any loss or damage of
whatsoever nature and howsoever arising which may be suffered by the Buyer as a
result of any failure on the part of the Company to deliver goods on or within such
dates or periods. For imported products, the Company agrees to notify the Buyer of
shipping/delivery dates as soon as practicable they become available.
5.3 The Company may make part delivery of goods and may invoice the Buyer for the
goods provided.
5.4 The Buyer agrees to provide at his expense (if requested by the Company) assistance
to the Company's driver or Contract Carrier in off-loading heavier items.
5.5 The Buyer indemnifies the Company against any loss or damage suffered by the
Company, its sub-contractors or employees as a result of delivery, except where the
Buyer is a consumer and the Company has not used due care and skill.
6. RISK AND INSURANCE
6.1 The risk in the goods will pass to the Buyer immediately on the goods being
dispatched and where the Company gives notification that goods have been
dispatched, the Buyer shall insure and keep insured the goods until such time as the
goods have been paid in full.
6.2 The Buyer assumes all risk and liability for loss, damage or injury to persons or to
property of the Buyer, or third parties arising out of the use, installation pr possession
of any of the goods sold by the Company, unless recoverable from the Company on
the failure of any statutory guarantee under the ACL.
7. GOODS AND WARRANTY
7.1 When supplying goods to a consumer, the following mandated statement applies:
"Our goods come with guarantees that cannot be excluded under the Australian
Consumer Law. You are entitled to a replacement or refund for a major failure and for
compensation for any other reasonably foreseeable loss or damage. You are also
entitled to have the goods repaired or replaced if the goods fail to be of acceptable
quality and the failure does not amount to a major failure."
7.2 The benefits of this warranty are in addition to any rights and remedies imposed by
Australian State and Federal legislation that cannot be excluded. Nothing in this
warranty is to be interpreted as excluding, restricting or modifying any State or
Federal legislation applicable to the supply of goods and services which cannot be
excluded, restricted or modified.
7.3 Subject to the conditions and limitation below, the Company warrants products of its
manufacture to be free of defects in workmanship and/or materials at the time of
delivery to the Buyer.
7.4 Any part, assembly or portion thereof found to be defective within one year from the
date of commissioning or eighteen (18) months from date of shipment from our
factory, whichever is the sooner, unless expressly stated otherwise in the Company's
Publications or Literature, will be repaired or exchanged F.O.B factory.
7.5 The Company reserves the right to replace defective parts of the goods with parts and
components of similar quality, grade and composition where an identical component
is not available. The company further reserves the right to supply goods that contain
refurbished or repaired parts.
7.6 Goods presented for repair may be replaced by refurbished goods of the same type
rather than being repaired. Refurbished parts may be used to repair the goods.
7.7 Goods or parts that have been returned for repair (except where the repair is as a
result of the Company's failure to comply with the statutory guarantees in the ACL) or
warranty assessment are deemed to have been abandoned by the Buyer if not
collected within 30 days after the Company has notified the Buyer in writing of the
warranty assessment outcome or the completed repair.
7.8 The Company reserves the right to dispose or otherwise deal with an abandoned
product or part at its discretion.
7.9 This warranty does not apply if:
(i) the goods have not been paid for by the Buyer as per the credit terms provided;
or
(ii) the goods have not been installed in accordance with AS NZS 3000/2000
Australian/New Zealand Wiring rules; or
(iii) the goods have been misused or neglected.
7.10 The Company assumes no responsibility under this warranty for the labour costs
involved in the removal of defective parts, installation of new parts or service charges
related thereto.
7.11 If a fault covered by this warranty occurs, the Buyer must first contact the Company
at the contact address listed below.
7.12 Any warranty claim must be accompanied by:
(i) proof of purchase;
(ii) written details of the alleged defect; and
(iii) appropriate documentation (such as installation and maintenance records etc).
7.13 The Company shall have the option of requiring the return of the defective part
(transportation prepaid by the Buyer) to establish the claim.
7.14 The Company makes no warranties or representations other than set out in this
clause 7.
7.15 The repair or exchange of the goods or part of the goods, is the absolute limit of the
Company's liability under this express warranty.
7.16 The Company's contact details are:
(i) 42-62 Pound Road West, Dandenong South, Victoria, 3175
(ii) Phone number: 03 9554 7845
(iii) Email: via the Contact Us page of the website
<www.fantech.com.au>.
8. LIABILITY
8.1 Except as the terms of this Contract specifically state or as contained in any warranty
provided in relation to the goods, this Contract does not include by implication any
other term, condition or warranty in respect of the quality, merchantability,
acceptability, fitness for purpose, condition, description, assembly, manufacture,
design or performance of the goods or any contractual remedy for their failure.
8.2 If the Buyer is a consumer nothing in this Contract restricts, limits or modifies the
Buyer's rights or remedies against the Company for failure of a statutory guarantee
under the ACL.
8.3 If the Buyer on-supplies the goods to a consumer:
(i) if the goods or services are not of a kind ordinarily acquired for personal, domestic
or household use or consumption, then the amount specified in section 276A(1)
of the ACL is the absolute limit of the Company's liability to the Buyer;
(ii) if the goods or services are of a kind ordinarily acquired for personal, domestic or
household use or consumption, then payment of any amount required under
section 274 of the ACL is the absolute limit of the Company's liability to the Buyer;
(iii) how so ever arising under or in connection with the sale, installation, use of,
storage or any other dealings with the goods by the Buyer or any third party
8.4 If clauses 8.2 and 8.3 do not apply, then other than as stated in the Contract or any
written warranty statement the Company is not liable to the Buyer in any way arising
under or in connection with the sale, installation, use of, storage or any other dealings
with the goods by the Buyer or any third party.
8.5 The Company is not liable for any indirect or consequential losses or expenses
suffered by the Buyer or any third party, howsoever caused, including but not limited
to loss of turnover, profits, business or goodwill or any liability to any other party,
except to the extent of any liability imposed by the ACL.
8.6 The Buyer acknowledges that:
(i) it has not relied on any service involving skill and judgement, or on any advice,
recommendation, information or assistance provided by the Company in relation
to the goods or their use or application.
(ii) it has not made known, either expressly or by implication, to the Company any
purpose for which it requires the goods and it has the sole responsibility of
satisfying itself that the goods are suitable for the use of the Buyer.
8.7 Nothing in this Contract is to be interpreted as excluding, restricting or modifying the
application of any State or Federal legislation applicable to the sale of goods or
supply of services which cannot be so excluded, restricted or modified.
9. ACCEPTANCE:
The Buyer shall inspect the goods within forty eight hours of delivery and
shall within seven (7) days from the date of inspection give written notice to the Company
of anything by reason thereof the Buyer may allege that the goods are not in accordance
with any order or quotation. If the Buyer shall fail to give such notice then subject to the
extent permitted by statute the goods shall be deemed to have been accepted by the Buyer
and the Buyer shall pay for the same in accordance with the previsions hereof.
10. RESTOCKING FEES:
10.1 Subject to clause 10.2 and 10.3, goods may only be returned for credit for "change of
mind" reasons.
10.2 Subject to clause 10.3, no equipment may be returned to the Company for credit
unless prior agreement has been given by the Company and such equipment will only
be accepted under the following conditions:-
(i) Freight and packaging are prepaid and a packing list enclosed with the
equipment.
(ii) The item must be in new condition and be subject to approval by our Quality
Controller.
(iii) Credit will only be allowed on the original invoiced price less a minimum
restocking fee of twenty (20) percent on the value. Higher restocking fees may
apply subject to the type and condition of product returned.
(iv) No credit will be allowed for non-standard or specifically procured equipment.
10.3 If the Buyer is a consumer, nothing in this clause 10 limits any remedy available for a
failure of the guarantees in sections 56 and 57 of the ACL.
11. DEFAULT AND DAMAGES
11.1 It is an act of default if:-
(i) any distress execution or other legal process being levied upon any of the Buyer's
assets;
(ii) the Buyer entering into any agreement or composition with his creditors,
committing any act of bankruptcy or, being a company, entering into liquidation
or have a winding up petition presented against it, calling a meeting of its
creditors or suffering the appointment of a Receiver or Administrator in respect of
the whole or any part of its undertaking or assets;
(iii) Non-payment by the Buyer of any monies due from it to the Company.
(iv) An order is cancelled by the Buyer after manufacture and/or picking of the order
has commenced.