Terms and Conditions of Sale1. INTERPRETATION: In these terms and conditions of sale: (i) Content means intellectual property owned by Tuscan Tan Pty Ltd including but not limited to text, graphics, data, photographic images, moving images, sound, illustrations and printed promotional material.
2. GENERAL: (a) The Seller agrees to sell and the Buyer agrees to purchase the Goods in accordance with these Terms and conditions of sale. (a) Any order placed by the Buyer verbally, in writing or electronically is deemed to be an order by the Seller incorporating these Terms and conditions of sale not withstanding any inconsistencies which may be introduced in the Buyers order or acceptance unless expressly agreed to in writing by the Seller. (c) If the Buyer makes any payment, accepts delivery of the Goods, or enters into any finance agreement with a third party to acquire Goods from the Seller, the Buyer has accepted these Terms and conditions of sale. (d) The Seller will not be liable and will be indemnified by the Buyer for any damage, claim or loss to property or person including any consequential loss whatsoever arising from the sale of the Goods to the Buyer.
3. QUOTATIONS: (a) All quotations supplied by the Seller to the Buyer are valid for thirty (30) days unless otherwise stated. (b) The Seller reserves the right to vary the price quoted after the Buyer has accepted the said price. The Buyer will be given written notice of such variation and provided a new quotation upon request. The Buyer will have thirty (30) days from the date of the new quotation to notify the Seller as to whether they accept or reject the new offer. If the Seller receives no notification within the thirty (30) days, it shall be deemed that the offer was rejected and the supply will not proceed.
3. PRICES: (a) All pricing as marketed by the Seller applies only to the current financial year in which said marketing material is distributed by the Seller. (b) The Seller reserves the right to vary these advertised price(s) from time to time during that current financial year or any subsequent years including; price increases or decreases. (c) The Seller reserves the right to vary the Goods or quantity of specific Goods included within advertised structured packages that include one or more Goods. Structured packages may include Goods required to carry out any service marketed by the Seller entirely or in part.
4. TAX: (a) All wholesale prices quoted or listed include GST unless otherwise stated. (b) A 10% Goods and Sales Tax shall be applied to all invoices issued by the Seller and be payable by the Buyer.
5. TERMS OF PAYMENT: (a) The seller does not offer trading terms. The Seller requires pre-payment of all amounts due and payable before goods will be dispatched to the Buyer. (b) The seller accepts methods of payment by way of Credit card, electronic funds transfer, cash or cheque (all payments are subject to bank clearance confirmation). (c) If the Goods [Equipment Goods including spray equipment /overspray extraction / related accessories and parts] as ordered are being financed by a third party, The Seller requires pre-payment of all amounts due and payable by the third party before goods will be dispatched to the Buyer. (d) The Seller requires a deposit be paid by the Buyer for all ordered Goods [Equipment Goods including spray equipment /overspray extraction / related accessories and parts] before production of equipment will commence. The amount of the deposit required will be at the discretion of the Seller and will range from twenty (20) to fifty (50) per cent of the agreed sale price being the total of the invoice. By paying the deposit to the Seller, the Buyer agrees to pay the balance of the respective invoice in full and in accordance to the credit terms stated on the invoice before Goods will be dispatched or available for delivery or collection. Failure to pay invoices by the due date will incur an interest charge of 20% of the total purchase price. The outstanding balance together with the additional interest charge will then become due and payable immediately. In consideration of a deposit being paid, the Buyer guarantees to the Seller, to make all payment(s) by the due date. Neither the existence of any legal disability nor the granting of any time concession, nor the waiver of any breach or default by the Buyer, nor the neglect or forbearance of the Seller to enforce the terms of this payment agreement of those or this guarantee shall void, release or discharge this guarantee. Guarantor's liability shall include the Seller's costs of enforcing this guarantee. (e) Goods [Equipment Goods including spray equipment /overspray extraction / related accessories and parts] imported or procured locally by the Seller specifically to meet a non stock order requirement of the Buyer must be paid for in full prior to equipment production commencing. This applies to any Goods that have been customised whether it by modification or the adding of accessories, components or optional extras
6. DELIVERY: (a) All Goods supplied by the Seller are subject to delivery charges determined only by the Seller unless otherwise stated in writing by the Seller. (b) Without being liable to pay indemnity, the Seller reserves the right to cancel the Contract or agreement to supply entirely or in part, or to extend the delivery time when and if required. (c) The Seller will not be liable for any non-delivery attributable to delays caused through transport, customs, quarantine, lock outs, strikes, wars, cargo loss or delivery delays of any nature. (d) Where only part delivery is made, the Buyer is not permitted to cancel Goods placed on 'back order' by the Seller relating to respective invoice. The Buyer accepts Goods placed on 'back order' will be forwarded to the Buyer in due course.
7. CLAIMS: (a) The Seller will not accept claims for Purchaser 'change of mind' on Goods once ordered from the Seller. (b) If the quantity of Goods delivered is less than the amount the Buyer ordered, the Buyer must notify the Seller in writing of the shortfall within 24 hours of delivery, otherwise the Seller will be deemed to have delivered the correct quantity of Goods. (c) If the quantity of Goods delivered is more than the amount the Buyer ordered, the Buyer must immediately inform the Seller. The Seller is entitled to recover the excess from the Buyer at the cost of the Seller, or charge the Buyer for the excess if the Buyer refuses to return Goods to the Seller in merchandisable condition with all product specific packaging in place and unopened. (d) The Seller will only accept responsibility for transit damage when the transport company that is used to deliver the Goods to the Buyer has been nominated by the Seller. If responsibility for transit damage is to be accepted by the Seller, the Buyer must inform the Seller in writing and supply a supporting photograph of alleged damage within seven days of the receipt of the Goods. (e) The Seller will not accept responsibility for transit damage when the transport company that is used to deliver the Goods to the Buyer has been nominated by the Buyer. . 8. RETURN FOR CREDIT: (a) Return of Goods for credit will not be accepted by the Seller after Buyer placement and payment of order unless otherwise stated in writing by the Seller (b) In the event that the Seller has agreed in writing to accept Goods returned by the Buyer for credit, said Goods will be subject to a twenty per cent (20%) re-stocking fee of the total respective invoiced amount payable by to the Seller by the Buyer prior to Seller acceptance of returned goods. If the Buyer refuses to pay the 20% re-stocking fee to the Seller, the Seller will not accept the return of Goods. (c) All Goods returned for credit must be received by the Seller in merchandisable condition with all product specific packaging in place and unopened. If goods returned for credit are deemed by the Seller in any way not to be of merchandisable quality, credit will not be given to the Buyer. Buyer will then become responsible for the return of their Goods together with associated freight or delivery charges.
9. PROPERTY: (a) It is acknowledged by the Buyer that the property of the Goods remains with the Seller and that the legal title of the Goods will not pass to the Buyer until full and final payment is made by the Buyer to the Seller. (b) Once full and final payment has been made for the Goods by the Buyer to the Seller and delivery by the Seller has been made to the Buyer, the property of the Goods then transfers to the Buyer and becomes the Buyer's risk and liability from the time of delivery. (c) In the event that Buyer payment is not made within the agreed terms, or bank clearance for payment is rejected or reversed for any reason after Goods have been delivered to or are collected by the Buyer, the Buyer gives full license and authority to the Seller or its representative(s) if applicable to enter any premises where the Goods are stored to recover possession of them. In the event that the Buyer sells the goods to a third party prior to full and final payment of said Goods to the Seller, the full proceeds of the sale to that third party shall belong to the Seller. The Seller will then instigate legal action against the Buyer to recover the remaining debt owed. All legal costs and or commissions and internal accounting charges and recovery fees will be added to the Buyer's principal debt.
10. WARRANTY: (a) Goods marketed and distributed by the Seller hold the manufacturer's warranty unless otherwise stated in writing. (b) The Seller will only provide warranty on Goods supplied to the Buyer by the Seller. If the Buyer on-sells the Goods to a third party, all warranties shall immediately become void. (c) The warranty period for Goods [Equipment Goods including spray equipment /overspray extraction / related accessories and parts] is twelve (12) months from the date of Purchase. (d) The warranty on Goods [Equipment Goods including spray equipment /overspray extraction / related accessories and parts] is limited to replacement or repair of said Goods that are defective in material or workmanship. The warranty shall not apply to Goods [Equipment Goods including spray equipment /overspray extraction / related accessories and parts] containing a failed component that has been altered, neglected or used in any way by the Buyer or person(s) appointed by the Buyer which in the opinion of the Seller adversely affects its performance, and all costs associated with repair or replacement of such item(s) shall become the liability of the Buyer. (e) The warranty on Goods [Equipment Goods including spray equipment /overspray extraction / related accessories and parts] will immediately become void if the Buyer utilises other tanning solution or any other material or liquid material within the Goods [Equipment Goods including spray equipment /overspray extraction / related accessories and parts] that is not manufactured or distributed by the Seller. (f) The warranty period for Goods [Consumable Goods including spray tan solution / associated skin care products] is twelve (12) months from the date of Purchase provided said Consumable Goods have been stored out of direct sun light and below 30 degrees, and all product specific packaging is in place and unopened. (g) Labour costs are not included under this warranty unless otherwise stated in writing by the Seller. (h) Freight costs that are incurred in the returning of any Goods to the Seller for warranty evaluation, warranty replacement or repair are the responsibility of the Buyer unless otherwise stated in writing by the Seller. (i) Goods [Equipment Goods including spray equipment /overspray extraction / related accessories and parts] servicing is not included in warranty.
11. EQUIPMENT SERVICE: (a) The Seller's service charges are clearly stated in the Seller's price list. (b) Service charges are determined only by the Seller and will include the Seller's current advertised service fee(s). The Buyer accepts that all servicing carried out by the Seller or authorised person's appointed by the Seller is subject to the Seller's service charges of which the Buyer is responsible including but not limited to; labour charged at an hourly rate entirely or in part thereof including travel time, spare parts, hire of temporary replacement Goods and freight charges unless otherwise stated in writing.
12. ADVERTISING: (a) All Content featured or displayed on the Seller's Web Site(s) or in the Seller's marketing or promotional material including but not limited to; logos, text, graphics, data, photographic images, moving images, sound, illustrations, and the selection and arrangement thereof is owned by the Seller and is protected by copyright, moral rights, trademark, trade dress and other laws relating to the protection of the Seller's intellectual property. (b) The Buyer is specifically prohibited from: displaying, downloading, copying, or re-transmitting, manipulating or otherwise displaying any or all of the Content without written authorisation from the Seller. (c) The Buyer accepts that such unauthorised use may violate applicable laws including without limitation; copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. (d) The Seller may at any time terminate authorisation of the Buyer to use the Content if the Seller deems that the Buyer has infringed on the intellectual property rights of the Seller in any way.
13. SEVERANCE: (a) In the event of any part or provision of this document being unenforceable through change of law or otherwise it shall be accepted that this will only apply to the subject part and that the remainder of the terms and conditions of this document are agreed to and are enforceable.
14. LEGAL INTERPRETATION: This agreement and terms and conditions and all if any disputes or difficulties arising there from shall be governed by the laws within the State of where the supply takes place. The Buyer agrees that upon placement of order and payment in full to the Seller for the Goods and or services as ordered, that they have carefully read and fully understand the fourteen (14) terms and conditions of sale as defined by the Seller and as outlined, and further accepts that they will adhere to these terms and conditions of sale. |
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