Ollier Powder Coating Pty Ltd
ACN 076 969 330
TERMS AND CONDITIONS OF SALE
1. GENERAL
All goods and services purchased from Ollier Powder Coating Pty Ltd (the company) are sold subject to the following terms and conditions and comprise the whole contract between the company and the buyer (the customer). These terms and conditions prevail to the exclusion of all terms and conditions whether express or implied except those terms and conditions implied by law.
2. PRICES
All prices are subject to alteration without notice. Prices set out or referred to in the company’s price lists are applicable to all orders received on or after the stated effective date of the then current price lists unless otherwise stated in writing by the company.
3. ORDERS
Any order placed by the customer is deemed to be an order incorporating these terms and conditions of sale notwithstanding any inconsistency in the customer’s order unless expressly agreed to in writing by the company. Mail and facsimile orders will be treated as new orders unless clearly marked “confirmation”. Any duplication or variances relating to mail and facsimile orders not marked “confirmation” are the customer’s responsibility.
4. DELIVERY
In the normal course goods must be collected from the company. If goods are required to be delivered to store or depot within the company’s nominated delivery area for the Adelaide metropolitan area a delivery charge will be incurred.
Goods Damaged in Transit
The company is not responsible for loss of or damage to goods in transit except when the goods are carried in the company’s own vehicles or by contractors retained by the company to deliver such goods. If that occurs the company must be notified immediately on the receipt of the goods of the nature and extent of any damage. Any goods must be returned in accordance with clause 6. A copy of the freight note relating to the damaged goods must be forwarded to the company identifying the damaged goods which will be matched with a copy of the freight note obtained from the transport company. This procedure is a standard requirement of the company’s insurer.
5. PAYMENT
The company reserves the right to require payment before delivery, or satisfactory evidence of the ability of the customer to pay for the goods ordered. If credit is approved payment for goods must be received by the company within 25 days from the end of the month of invoice. Invoice date is the date of dispatch of goods. The company may at its discretion disallow discount on any overdue account whether or not the company has waived the right to disallow discount on any prior overdue account.
Interest
The customer must pay interest on any overdue payment at a rate equivalent to the Indicator Lending Rate of the company’s bankers plus 4% calculated daily from the date when payment was due pursuant to this clause until the date of actual payment.
Collection Expenses
The customer must pay any expenses whether legal or otherwise incurred by the company in recovering or attempting to recover any overdue amount from the customer.
6. RETURN OF GOODS
Goods may only be returned if the goods are being returned as a result of any error by the company or any defect in the goods or services, then subject to any law the goods must be returned within 14 days of the delivery date and with prior notification in writing to the company of the reason for the return of the goods. Goods returned after 14 days from the delivery date may only be returned with the consent of the company. Receipt of any goods returned without the consent of the company does not constitute acceptance of those goods by the company or the acceptance of any error by the company or defect in the goods.
7. CARE & MAINTENANCE RECOMMENDATIONS
a) Powder coatings will deteriorate with exposure to the elements and over a period of time will show signs of weathering such as loss of gloss levels, chalking and colour change.
b) The life of the powder coat can be extended with proper care and maintenance. In severe environments such as industrial or marine, the coating should be cleaned at least every three (3) months. In more extreme environments such as where the powder coating is exposed to salt spray the powder coating should be cleaned monthly.
c) Cleaning should be by way of washing using a solution of warm water and nonabrasive or neutral detergent and should be thoroughly rinsed after cleaning to remove all residues. Cleaning should be by way of soft cloth or soft natural bristle brush.
d) No warranty is given in relation to coatings of aluminium products where those products are installed with two hundred (200) metres of saltwater environments. No warranty is given in relation to coating of steal and hot dipped galvanized products within five thousand (5,000) metres of saltwater environments.
e) No warranty is given in respect of saltwater environments or in respect of residential properties more than three (3) metres from ground level.
f) These recommendations are a guide only and the customer is responsible for obtaining specific recommendations from the company in respect of care and maintenance for the particular application or location of the goods.
8. EXCLUSIONS OF LIABILITY
a) The company accepts no responsibility for loss or damage in transit except where the carriage of the goods is by means of the company’s own vehicles or by contractors retained by the company for the delivery of goods.
b) The company is not liable for any loss or damage to the goods unless the goods are cared for after delivery in accordance with the care and maintenance instructions provided by the company.
c) The customer should note that warranties are excluded where the goods are used or installed in hostile environments (see care and maintenance instructions).
d) Warranties are excluded in respect of buildings of greater than three stories or in respect of commercial projects unless expressly agreed by the company at the time the order is placed.
e) All warranties are for a period of twelve (12) months only and the liability of the company is limited to the cost of re-powder coating only and excludes all other associated costs.
9. CONSEQUENTIAL LOSS EXCLUDED
The company is not liable for any consequential loss suffered by the customer as a result of any negligence or error by the company in connection with the supply of or condition of or defect or damage to goods supplied by the company to the customer and any claim by the customer for loss or damage is limited to the net invoice price of the goods in respect of which the error or defect or damage occurred.
10. RISK
Notwithstanding anything herein contained the goods are at the risk of the customer from the time of delivery.
11. EXCLUSION OF WARRANTIES
Except as expressly provided for herein and as required by law all warranties are excluded.
12. SEVERANCE
If any part of this Agreement is or becomes void or invalid that part must be severed, and the Agreement will continue in force and be interpreted as if it did not include that part.
13. ASSIGNMENT
a) The customer must not assign any of its rights or obligations under this Agreement.
b) The company may assign to any person any debt owed by the customer to the company under this Agreement. If the company’s business is acquired by another entity this Agreement will thereupon be novated to that entity without any further action by any party.
14. TERMINATION
This Agreement may be terminated by the company at any time.
15. CUSTOMER’S WARRANTIES AND ACKNOWLEDGMENTS
The customer acknowledges that all information supplied by the customer in relation to this Agreement will be relied upon by the company for the purpose of accepting any order placed by the customer and the customer hereby warrants that all information supplied by the customer in relation to this Agreement is accurate and will at the time that any order is placed continue to be accurate.
16. JURISDICTION
This Agreement is deemed to be made at the office of the company and any legal action taken for enforcement or recovery of monies may be commenced in the appropriate Court in the State of South Australia.
By proceeding with any sale from Ollier Powder Coating Pty Ltd, the client accepts and agrees to accept the company’s terms and conditions of sale as listed above, unless negotiated otherwise.