Conditions of Sale
1.1 “The Company” means KENTAN ENGINEERING (ABN: 21 009 217 654).
1.2 “The Purchaser” means any company, firm, partnership, government body or persons to whom the Company agrees to sell the goods.
1.3 “The Goods” means the goods sold by the Company to the Purchaser and appearing on the cart-note or invoice issued by the Company.
1.4 STANDARD PRODUCTS are those goods in the STANDARD PRODUCTS Price List. These are items made by, or for the Company.
1.5 NON-STANDARD PRODUCTS are those goods that are made to order for particular switch-fuses or MCCB’s ACB retrofits etc.
2.1 These conditions apply in respect of every sale by the Company unless otherwise stated in writing.
3.1 Prices for STANDARD PRODUCTS are shown in the Company’s price list. These are subject to change without notice. Orders are accepted on the condition that goods are invoiced at the prices ruling at the time of dispatch.
3.2 Prices for NON-STANDARD products shown in the Company’s letter or quotation addressed to the Purchaser (or prospective purchaser). The terms of payment, validity, minimum order quantities and other relevant conditions will be also shown on the quotation.
3.3 Prices do not include delivery costs.
4.0 GST (Australia only)
4.1 The prices quoted do not include the Goods and Services Tax (GST).
5.0 DELIVERY CHARGES
5.1 A delivery charge as shown on the current STANDARD PRODUCTS PRICE LIST applies to each order. This is shown separately on the invoice.
5.2 If all of the goods ordered (to be delivered on the same date) cannot be supplied by the Company; the balance of the goods will not incur a delivery charge.
5.3 An extra charge may be made for urgent deliveries as agreed between the Company and the Purchaser.
6.1 The Company reserves the right to choose the method of delivery.
6.2 The Company shall not be liable to the Purchaser for any loss due to late delivery caused by transport.
6.3 Where transport is the responsibility of the Company, the Company will repair or replace goods free of charge that have been damaged or lost provided that written notice is given within three (3) days of the expected delivery.
6.4 The purchaser may nominate a transport company of their choice where they pay the charges. In this case, the Company is not liable for loss or damage.
7.1 Price includes packing in accordance with the Company’s standard practice. The method of packing shall be appropriate to the type of transport.
7.2 Special packing as requested by the Purchaser may incur an additional charge at the discretion of the Company.
8.0 MINIMUM ORDER QUANTITIES
8.1 There are no minimum order values for standard products, unless given in writing as a condition of price.
9.0 TERMS OF PAYMENT
9.1 Nett cash 30 days unless otherwise stated in writing. “30 days” means 30 days from end of month of receiving goods.
9.2 The Company reserves the right to invoice the full value of the goods as shown on the current price list when the agreed conditions for prompt payment discount are not met by the Purchaser.
9.3 The company reserves the right to charge 10% PA for overdue payments.
9.4 Payment shall be made in Australian Dollars.
10.0 OWNERSHIP, RISK & CLAIMS
10.1 The ownership of the goods delivered by the Company to the Purchaser is only transferred to the Purchaser when all sums owing to the company are paid, whether under this or any other contract.
10.2 The risk of loss or damage passes to the Purchaser once delivered to the Purchaser or his nominated delivery address.
10.3 Claims for damage during transit or missing or incorrect goods must be within seven (7) days of the receipt of goods in order for the claim to be recognised.
11.0 RETURNS FOR CREDIT
10.1 All returns for credit must be made by prior arrangement.
11.2 The Company reserves the right to charge a re-stocking fee of 15% of the invoice amount.
11.3 The return transport cost of the goods shall be borne by the Purchaser.
11.4 STANDARD PRODUCTS may be returned for credit within fourteen (14) days of delivery to the Purchaser.
11.5 NON STANDARD products may only be accepted for return at the discretion of the Company. The credit value of the returned goods will be in agreement between the Company and Purchaser.
11.6 Credit will not be given for incorrect supply of goods where the Company did not receive a written confirmation of the order prior to the dispatch of the goods.
12.0 CANCELLATION or VARIATION
12.1 Orders for STANDARD products may be cancelled or altered before packing or dispatch without penalty.
12.2 Order for NON-STANDARD products that are cancelled or altered may incur a penalty at the discretion of the Company. The Purchaser shall pay such amount within the agreed terms of the contract.
12.3 Goods may not be supplied, at the option of the Company if the Purchaser is insolvent or is unable to pay its debts to the Company within the agreed terms.
13.0 COPYRIGHT, PATENTS AND DESIGN RIGHTS
13.1 Copyright, patents, licences, design rights for all goods or designs supplied by the Company remain the property of the Company. They shall not be made available to any third party unless agreed by in writing by the Company.
14.1 All goods manufactured by the Company (or its sub-contractors) are guaranteed against faulty workmanship, materials or design for a period of one (1) year from date or dispatch, during which time the Company will replace or repair defects which appear under proper use.
14.2 Any performance, test results or compliance information given by the Company are based on the Company’s experience and are what the Company would expect to obtain on test. The Company is not liable for damages should the goods fail to attain such figures or results. However, every effort is made to ensure that the goods are fit for the purpose for which they are intended.
14.3 Modification made to the goods without the written permission of the Company shall void any warranty.
15.1 The Purchaser shall indemnify the Company in respect to/of all damage, injury or loss occurring to any person or property and against all actions, claims, charges etc. in connection with the use or sale of the goods unless it is directly and solely attributable to any breach of contract or negligence by the Company.