Terms and Conditions
1) The following are the terms and conditions of sale for the goods specified on the face hereof unless the sale results from a written quotation in which case the terms and conditions appearing on our quotation form shall prevail.
TERMS 0F PAYMENT
2) Goods and shipping must be paid for in full prior to the dispatch of goods.
3) Unless expressly agreed to the contrary, the provisions and tolerances contained in the standard specifications to which the goods are manufactured by the Company or its suppliers will apply to this order and the Purchaser shall be deemed to have knowledge of the standard specifications at the date upon which this order is accepted.
4) The risk in the goods shall unless otherwise agreed in writing pass to the Purchaser upon despatch from the Company's warehouse save and except where the goods are carried in the Company's own vehicles when the risk in the goods shall pass upon delivery to the Purchaser or his agent.
- Any description of goods contained herein is given by way of identification only and use of such description shall not constitute this sale a sale by description.
- The purchaser shall be deemed to have accepted that the goods correspond with sample (if any).
6) No claim for damage (whether direct, indirect or consequential) in respect of the goods supplied hereunder shall exceed the invoice price of the goods in respect of which such damage shall arise. The Company shall have the sole right to decide whet the goods are capable of reps it and Company's liability (if any) in respect of claims under the Contract of which these conditions forms part shall be limited as follows:
- Where the goods are capable of repair to the repair of the goods or the payment of the cost of having the goods repaired, or
- Where the goods are incapable of repair to the replacement of goods or the supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods.
7) Until all monies owing by the purchaser to the Company in respect of the supply of the goods or any other sale whatsoever have been paid in full.
- Property in the goods shall remain with the Company and not pass to the purchaser without prejudice to the rights oft he Company pursuant to Condition 10 hereof
- The Purchaser shall not deal with the goods in any way inconsistently with the rights and interests of the Company as owner thereof save and except that the Purchaser may, in the ordinary course of business, sell the goods on behalf of the Company in which case it shall account to the Company for the proceeds thereof. The proceeds of any goods sold shall be kept in a separate account and shall not be mixed with any other manses, including funds of the Purchaser.
8) The construction, validity and the performance of the contract of which these conditions forms part of and shall be governed by the laws in force in the State in which such contract is made.
9) The mere signing of a manifest or delivery docket for goods received by or on behalf of the Purchaser shall notwithstanding anything that may be stated to the contrary by or on behalf of the Purchaser constitute acceptance of these Conditions of Sale.
10) Where any provision hereof (or part thereof) purports to exclude, restrict or modify a provision of the Trade Practices Act 1974 which by reason of such Act cannot be excluded, restricted or modified such provision or part thereof shall be deemed to be deleted herefrom and the Contract of which these conditions forms part shall continue in force as though such provision or part thereof had never been incorporated herein.
11) If any of these conditions (or any part thereof) shall to any extent be held by any court of competent jurisdiction to be ineffectual, invalid or unenforceable the remaining conditions (or parts thereof) shall not be affected thereby and shall remain in full force and effect.
12) The Company warrants all products are free from defects in material or workmanship for a period of 7 days following purchase from the Saltwater To Go Website. The liability of the Company under all warranties shall only be to replace defective goods supplied. The warranty does not cover products which malfunction as a result of improper installation or misuse, nor any resulting loss or damage either directly or consequentially.
13) All orders will be subject to a delivery charge at the discretion of the seller.