The Seller guarantees the quality of the goods manufactured by it, by replacement of any defective goods provided that:
GENERAL:
The work as specified comprises the total liability of the Company in respect of this contract and any addition or alteration will be charged for. If the specifications do not agree with your instructions, kindly obtain an amended quotation BEFORE the work is commenced.These terms supersede all prior arrangements written or oral. These terms may only be varied or added to in writing signed by the Seller. All sales of goods and these terms are governed by the laws of W.A. The Seller and the Buyer, irrevocably submit to the non-exclusive jurisdiction of the courts of W.A and courts appeal from them. Where the Seller commences the necessary actions on its part to supply goods ordered by the Buyer, a contract exists (which shall be referred to as “the contract” in these terms and conditions). The only terms applying to the contract are those set forth herein or otherwise agreed to in writing by the Seller.
ACCEPTANCE:
The Seller may refuse to accept any Order. The Seller may cancel acceptance of an Order at any time, at its sole discretion.
If the Seller cancels acceptance of an Order in accordance with this clause, the Seller must refund any deposit paid in relation to the Order, but otherwise has no liability to the Buyer in relation to the cancellation.
PRICE:
Unless the seller has given an applicable written quotation, the purchase price for Goods is the price appearing on the Seller’s website, current at the date on which the goods are ordered. The Seller may alter the prices appearing on the website at any time.All prices for products and delivery on the website include GST.
TIME OF DELIVERY AND INSTALATION:
The Company warrants no starting or completion dates unless agreed to in writing. Otherwise the delivery and/or installation times made to the buyer are estimates only and under no circumstances will the Seller be liable for any loss, damage or delay occasioned to the buyer or its customers arising from late or non-delivery.
PAINTING
This contract does not include painting of any description. All painting is the responsibility of the customer. Any repairs or maintenance should be carried out before commencing painting. If any work is required after painting, the cost of repainting will be entirely the responsibility of the customer. A product can not be returned once it is painted.
PAYMENT:
Payment must be made in full prior to the product being delivered.
If payment is not received in the time required, the Seller shall be entitled to suspend deliveries or installation work.
NO REPRODUCTION OF GOODS:
The Buyer expressly acknowledges the following conditions of sale apply in relation to any product including samples, models, moulds, prototypes or any other article comprising and/or related to the manufacture of the said product (hereinafter collectively referred to as the “product”) purchased from or which is otherwise supplied by the Seller or its servants or agents to the Buyer:
The Seller is the proprietors of all legal and/or equitable rights including intellectual property in and/or relating to the product The Buyer agrees not to copy, reproduce and/or substantially reproduce or otherwise arrange, procure, counsel, induce, authorize or cause any copying, reproduction and or substantial reproduction of the product or any part thereof.The Buyer further agrees to, at the point of sale, provide such other party with and draw such party’s attention to a notice to be provided by the Seller to the Buyer for such purpose and which notice is in the following terms:
“This product is the subject of various intellectual property rights including but not limited to copyright and registered designs, legal and equitable rights, and product must not be reproduced or substantially reproduced in whole or in part without the written permission of the Seller.”
MISCELLANEOUS:
The Buyer acknowledges that they will rely on their own judgement and skill in all matters connected with Goods, including, but not limited to, satisfying itself as to the quality of the Goods and their suitability for the purposes for which the buyer wished to use them.
