Standard Conditions Of Sale
1.1 All goods are sold by us in accordance with these standard specifications applicable to such goods and subject to these Conditions of Sale. No variation hereof and no contrary stipulations shall be valid or acceptable unless specifically accepted by us in writing.
1.2 All Electronic Signs sold by us are have been made or assembled to order, to the customers specific requirements and then specifically imported for that order. They are therefore categorized as ‘Custom Designed’.
1.3 The risk in the goods shall pass to the customer upon delivery, but ownership in the goods shall remain vested in us until the purchase price shall have been paid in full. While ownership remains vested in us, the customer undertakes to do all that is necessary to ensure that the goods remain unencumbered and inter alia, do not become the subject matter of any lien, hypothec, pledge or other encumbrance or judicial attachment from whatsoever cause arising.
2.1 Unless the customer's order contains a date for delivery which is accepted by us in writing thereon, the date for delivery shall be as and when the goods become available for delivery.
2.2 Notwithstanding anything else agreed to, we shall have no obligation to supply and deliver for as long as the customer is in arrears with any payments owing to us from whatsoever cause. In such event or if the customer is wound up, or fails to pay on due date /s, we reserve the right to cancel any order and cease any further deliveries.
2.3 We shall have no liability for late delivery or non-
2.4 All dates of delivery shall be treated as approximate dates only and the customer shall not be entitled to cancel the contract, nor have any claim of whatsoever nature against us, arising from delays in delivery howsoever caused, save where we have agreed in writing to the contrary, but even then, if delivery is reasonable delayed due to circumstances beyond our reasonable control, the customer agrees to accept delivery on a later date. We shall have the right to effect part deliveries.
2.5 Any claim for shortage of goods delivered shall not be valid or enforceable unless notified in writing within 24 hours of delivery.
3.1 Under no circumstance shall we be liable for any damages to the customer, for any cause whatsoever and more specifically, we shall not be liable for any claim for consequential damages.
4.1 We are not bound by verbal estimates or the prices listed in our published pricelists, as these may fluctuate from time to time without notification. The client must be in possession of a current, valid quotation, in writing from ourselves, prior to placing an order. The reference number of such quotation must be included in the order document.
4.2 Unless otherwise stated, all prices shall be exclusive of general sales tax (GST), which is to be added.
4.3 We reserve the right to charge interest on overdue amounts at prime rate plus 2%.
4.4 A certificate by our director shall be sufficient proof for the purpose of any legal proceedings of the rate of interest payable and of the balance owing to us.
4.5 All transportation charges, are to be paid by the customer, unless agreed otherwise, in writing, on the initial order.
4.6 The fact that a definite price may have been confirmed for this contract notwithstanding: from the date that the order is placed, until the point that goods have been paid for in full by the client, we reserve the right to adjust the value of any outstanding amounts, should the AU$ depreciate against the US$ by 5% or more. The client will be notified of the escalation in writing. The agreement of sale shall be deemed to have been amended by the appropriate adjustment to the price of the goods.
5.1 Payment of goods shall become due and payable on delivery without deduction unless other wise specified in writing. Payment shall not be set off against, or withheld on account of, any alleged counterclaim by the customer. Only payment made to us at our offices or directly deposited into our bank account, and duly receipted, will be recognized.
6. CANCELLATION & COOLING OFF PERIODS
6.1 The client has a 72 (seventy two) hour period, from date of our acceptance of
the order, during which the order may be cancelled without penalty, this is referred
to as the ‘cooling-
6.2 Should a client request to cancel and/or amend an order, for whatever reason/s,
subsequent to the ‘cooling-
6.3 Should a client request to cancel, subsequent to delivery of the goods, such goods may not be returned for credit and, we reserve the rights to charge, up to the full value of that order as stated on the order form, and all payments made up to that point may be forfeited.
7.1 Notwithstanding any waiver, indulgence or relaxation granted by us, these conditions shall remain in full force and effect unless expressly altered in writing, and signed by both parties.
7.2 All orders are subject to written acceptance by us, at which time without notice to the customer, become valid and binding.
7.3 We shall be entitled at our option to institute any proceedings arising from this agreement in the Magistrate's Court having territorial jurisdiction notwithstanding that the amount of relief sought would otherwise be beyond the said courts jurisdiction.
7.4 The signatory on the order form, when acting in a representative capacity for
the customer, warrants that he/she has the authority to bind his/her principal to
this agreement and furthermore bind himself/herself as surety and co-
7.5 The customer indemnifies us against any claims that may be made against us arising out of any purported infringement of any patent, trade mark or copyright in respect of the goods.
This agreement constitutes the entire agreement and no representations or warranties shall be binding on the parties unless herein set out