Terms and Conditions of Sale
Unless otherwise stated this quotation, product supplies and services are subject to the following terms & conditions: –
Quotations are valid for a period of 14 days from the date thereof unless previously withdrawn.
All orders are subject to acceptance by the Seller and shall be deemed to incorporate these terms.
WHOLE AGREEMENT & VARIATIONS:
Save in the case of manifest error or mistake these terms together with any of the relevant product description, performance data and technical specifications quotation order and invoice shall represent the whole agreement between the seller and the customer but shall not include any verbal terms conditions warranties or representations on the part of the seller its servants or agents unless otherwise stipulated by law. Any additions or alterations to the agreement between the seller and the customer must also be in writing.
Communications relating to the agreement between the parties may be by ordinary pre-paid post or electronic mail but proof of service or receipt shall rest with the sending party.
Prices offered whether for items in stock or custom jobs unless otherwise stated in writing do not include taxes, are net to the seller and for those in the seller’s current price list are subject to change without notice. If for special or custom jobs final design information calls for product or equipment, which differs from that specified in quotation, prices will be adjusted accordingly.
Terms of payment are net 14 days from the date of invoice but the seller always reserves the right to require payment in whole or part before delivery or dispatch and /or to require satisfactory evidence of the financial ability of the client to pay for the goods ordered.
(1) Projects occurring over a period of 1 month or less;
These projects will be invoiced on completion and paid within payment terms stipulated within the contract. Unless otherwise agreed to or instructed in writing by the seller.
(2) Projects occurring over a period of more than 1 month;
The seller will submit one payment claim each month on or before the 25th day of each month for the value of work completed to the date of the claim, this is inclusive of off-site works, labour, hardware and materials permanently installed on site and all subcontract labour performed both on and off site.
All extras throughout the project are to be paid in the full at the next progress payment. Unless otherwise stated or agreed to by the seller.
The Seller reserves the following rights in relation to the goods until firstly the goods are paid in full by the client to the seller and secondly all other accounts or moneys owed by the client to the seller are fully paid:
(1) Legal ownership of goods;
(2) to enter the client’s premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods; and
(3) to keep or resell any goods repossessed pursuant to (2) above; if the goods are resold, or products manufactured using the goods are sold, by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of the Seller and shall pay such amount to the Seller upon request. Notwithstanding the provisions above Seller shall be entitled to maintain an action against the purchaser for the purchase price and the risk of the good shall pass to the purchaser upon delivery.
The Purchaser may only cancel his order with the Sellers written consent and upon payment of reasonable and proper cancellation charges incurred by the Seller.
CLAIMS, RETURNS & SURCHARGES:
Goods may be returned for credit under the following circumstances only:
a) With prior notification to the Seller of the pending return of such goods and an authorization number must be granted to the Purchaser at the Sellers complete discretion prior to return of goods, otherwise goods will not be accepted.
The Packing Slip number and or the invoice number of the original dispatch must be supplied to the Seller upon the notification. A minimum 20% restocking fee of invoice value will apply to such goods should, they be accepted by the Seller.
Only standard sized goods will be considered for returns.
Non – Standard sizes are non-returnable.
Receipt of any goods returned without the necessary prior notification from the client does not constitute acceptance of those goods by the seller.
b) Transport of Goods for Credit
Should returning goods involve a transport company the Purchaser may return the goods by transport of their choice if paying for such transport.
The delivery period if any is stated shall be the seller’s estimate only and commences from acceptance of official order. The seller shall not be liable for delay in delivery nor responsible for loss or damage to goods in transit except where the goods are carried by the seller, its servant’s agents or contractors. If goods are damaged in transit the seller must be informed and a copy of the freight note relating to the goods must be forwarded to the seller without delay.
Notwithstanding anything else in this clause or these terms the seller shall not be responsible for any consequential damage to the customer or any person claiming under him occasioned by delay in delivery howsoever arising and the customer shall indemnify the seller against all or any such claims and actions.
DRAWING AND DESCRIPTIVE MATTER:
Any drawings or printed material submitted with quotation are approximate only. Prices quoted include the supply of one set of standard instructions and agreed prints. Further copies can be provided at an additional charge but copyright in respect of all such material remains with the Seller.
Subject always to any relevant law to the contrary, The Seller warrants that upon shipment to the customer, any product or item manufactured by it will be free from defects in material and workmanship and will on receipt of written notification of fault from the customer, exchange, modify or repair free of charge (excluding all expense of deliveries, removal, de-installation or re-installation) such part or parts thereof which prove defective under normal use within a period of twelve (12) months from date of shipment. The replacement or repairs which are required as the result of improper installation, misuse, maladjustment, abnormal operating conditions or lack of reasonable or routine maintenance nor does the warranty include the furnishing of service for maintenance or problems arising from the foregoing causes. The item after repair shall be returned to the customer at his expense.
DAMAGES INDEMNITY & LIMIT OF LIABILITY:
The Purchaser hereby releases and indemnifies the Seller from any claim, action or liability including consequential loss or damage and loss of use or loss of profits by reasons of delays, faulty or defective materials or workmanship, errors or omissions in product specifications, negligence or any act matter or thing done permitted or omitted by the Seller also including claims for damages, injury including personal injury to any person, whether agent or servant of the Purchaser or otherwise, due to incorrect use of goods other than for the purpose for which they were sold.
The Seller reserves the right to correct any manifest errors or omissions in the agreement which may arise in the course of negotiations or the conclusion of the agreement between the parties and in respect of the quotation or any other documents or materials connected with the sale.
TAXES & DUTIES:
The seller will supply purchaser with a tax invoice for the amount of Goods & Services Tax (GST) at the same time as the invoice is issued or upon request. The tax invoice will contain particulars as are required by law in order for customer to obtain an input tax credit for the amount of the GST paid by customer if registered and otherwise able to or entitled to claim input credits.
The “Seller” means ASHB Audio Visual, its servants agents and contractors.
“Site” means the place specified in the purchase order for delivery of the goods or execution of the works.