TERMS AND CONDITIONS OF SALE
The following terms and conditions of sale listed herein shall apply to the sale of goods ("goods") by the Supplier to the Customer. These terms and conditions of sale replace any previous terms and conditions of sale.
a) "Customer" means a person, company, or other entity whose order for the purchase of goods is accepted by the Supplier;
b) “Supplier” means Infinite Supplies Pty Ltd ACN 107 200 564 or any of its associated companies;
c) The headings used do not form part of the terms and conditions and are for illustrative purposes only.
d) Where the context permits or requires words inserted, the singular number shall include the plural number, those denoting a given gender shall include all other genders and those denoting natural persons shall include corporations.
a) Unless otherwise agreed in writing by the Supplier, any terms and conditions of the Customer's order deviating from or inconsistent with these terms and conditions are expressly precluded by the Supplier as are any variations to these terms and conditions not expressly agreed to in writing by the Supplier.
b) No contract for the supply of goods shall exist between the Supplier and the Customer until a Customer's order for goods has been accepted by the Supplier (such acceptance of Customer's orders will be made and communicated by the Supplier in the form of an invoice). The Supplier may accept or refuse any order for goods in its absolute discretion and may make its acceptance of an order conditional upon it receiving a satisfactory credit assessment of the Customer.
c) The Supplier may vary these terms and conditions by notice in writing to the Customer. The Customer agrees that the purchase of any goods after the date of a notice of variation will be deemed to be an acceptance of such varied terms and conditions.
a) The Customer shall rely on its own knowledge and judgement in determining the suitability of and selecting goods for any particular purpose. Any advice, recommendation or assistance given by or on behalf of the Supplier shall be accepted at the Customer's risk and shall not be deemed to have been given as an expert or adviser nor to have been relied upon;
b) Goods are sold subject to each and every manufacturer’s trading terms and conditions and are protected by each and every manufacturer’s warranty and the Supplier shall not be liable to the extent that any manufacturer is liable under a manufacturer’s warranty unless otherwise required by law; and
c) The Supplier shall not be liable nor responsible for any failure to comply with any requirements of the Customer or any other person (whether relating to manufacture, design, fabrication, installation and/or any other particular intended use of any goods and/or otherwise) which are not precisely and accurately communicated in writing directly to the Supplier prior to the entry by Supplier into any relevant sale contract.
4. LIMITATION OF LIABILITY
a) The Customer agrees to limit any claim it makes to the cost of replacement of goods or of acquiring equivalent products;
b) Subject to clause 9, the Supplier shall not be liable for any loss or expense arising after fourteen days from delivery (or at all once goods have been unpacked, affixed and/or otherwise used or applied) after which there shall be deemed to be unqualified acceptance;
c) That to the fullest extent legally permissible no other term, condition, agreement, warranty, representation and/or understanding whether express or implied, in any way extending to, otherwise relating to or binding upon the Supplier other than these terms is made or given by or on behalf of the Supplier other than by these terms save and except to the extent otherwise required by law.
a) Notwithstanding any prior acknowledgment by the Supplier of the price of goods, the prices specified for goods may at the Supplier's discretion be subject to alteration to reflect the Supplier's prices and charges in effect at the time of delivery.
b) Any variations in the invoice or contract price as a consequence of currency fluctuations, taxes, customs duty or other imposts shall be to the Customer's account.
c) The Supplier will be entitled to set off against any money owing to the Customer amounts owed to the Supplier by the Customer on any account whatsoever. However the Customer shall not set off any amounts allegedly owing by the Supplier to it against any amount due by it to the supplier Supplier;
d) Unless otherwise agreed to by the Supplier, the only accepted means of payment is by cash, cheque, credit card or electronic funds transfer, all without any deduction. Cheques require 3-5 business days before funds are cleared and available, and as such goods will not be released to the Customer prior to such verification taking place.
a) The Supplier shall not accept any responsibility or duty to deliver but upon request of the Customer may elect to arrange delivery at its discretion and without liability and at the Customer’s cost and risk in all things.
b) Goods will be delivered or deemed to be delivered, when they are delivered to the delivery place nominated by the Customer. If no such address is nominated, then delivery will be deemed to occur at the time when the goods are ready for collection at the Supplier's premises.
c) The Customer shall pay to the Supplier packing and delivery charges in accordance with the Supplier's current rates as at the date of dispatch. If there is no current rate, then a reasonable delivery charge shall be paid by the Customer.
d) The Customer authorises the Supplier to deliver goods to the place nominated by the Customer and to leave the goods at such place whether or not any person is present to accept delivery. The Supplier shall not be liable on any basis whatsoever for loss suffered by the Customer after delivery to the nominated delivery place.
e) Any times quoted for delivery are estimates only and the Supplier shall not be liable to the Customer for any failure or inability to deliver or for delay in delivery of goods whatsoever whether or not beyond the control of the Supplier.
f) The Customer shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery.
7. PROPERTY AND RISK
a) The goods shall be at the sole risk of the Customer as soon as they are dispatched from the Supplier's premises.
b) Property in and title to the goods will not pass to the Customer until those goods and all other amounts owed to the Supplier by the Customer have been paid for in full.
c) The goods after purchase may, subject to the consent of the Supplier, be stored at the premises of the Supplier for a period of up to 30 days rent free after which the Suppliers standard storage fees apply.
d) Collection of purchased goods from storage must occur in designated opening hours of the Supplier and only after twenty four hours advance notice by the Customer to the Supplier.
8. SPECIAL ORDERS AND SPECIFICATIONS IN GENERAL
The Customer warrants to the Supplier that all drawings and specifications and other design information provided to the Supplier for the manufacture of special orders are accurate and correct in all respects and do not infringe upon the intellectual property rights of any third party including any copyright, patents, designs or trademarks of a third party.
9. RETURN OF GOODS
a) Subject to clauses 6 (d) and 10, the Supplier will only accept the return of goods on the conditions set out in this clause 9;
b) The Customer must not return goods to the Supplier without the Supplier’s prior consent;
c) The Supplier will consider the return of goods within fourteen (14) days of the receipt of such goods by the Customer and may provide a credit against such returns to the Customer if the goods:-
(i) do not comply with the quantity or description of the Customer’s purchase order ;or
(ii) are not of acceptable quality as defined in the Competition and Consumer Act 2010; and provided that the Customer has inspected the goods and notified the Supplier within 48 hours or any later time as deemed reasonable by the Supplier.
d) The Customer must then give written notice to the Supplier of a request for a credit which details all alleged non-compliances. This request must also specify the original invoice number in respect of the goods as proof of their purchase and the Supplier is then satisfied as to the accuracy of the claim in that notice;
e) The Supplier will accept the return of goods and provide the Customer with a credit for them where the reason for their return is Customer error in:
(i) ordering the type/style/model of the goods; or
(ii) selection of the goods for their suitability to applications; or
(iii) the quantity of the goods ordered, provided that the goods:
(iv) are returned to the Supplier by the Customer within 14 days of the delivery date; and
(v) the request for return of the goods specifies the original invoice number in respect of those goods; and
(vi) the Customer pays the Supplier a minimum restocking fee of 15% of the credit claim for the goods to be returned;
f) The Customer is not entitled to return any goods pursuant to this clause 9 which have been custom made, custom cut, custom processed or custom acquired for the Customer or where the goods are not in brand new or unused condition with undamaged packaging as at the date of their proposed return or where the goods have been damaged due to installation contrary to manufacturer’s instructions;
g) The Supplier will accept the return of defective goods and arrange for the repair or replacement of such goods in accordance with the manufacturer’s conditions of warranty.
10. CLAIMS UPON SUPPLIER
a) Subject to clause 6(d), all claims for the Supplier's failure to comply with the Customer's order whether due to shortfall, incorrect delivery or otherwise must be made by giving written notice to the Supplier within five (5) days from the date of delivery. If the Customer fails to provide such notice then the Customer shall be deemed to have accepted the goods.
b) These conditions shall not exclude, or limit the application of any provision of any statute including any guarantee, implied condition or warranty, the exclusion of which would contravene any statute (including the Competition and Consumer Act 2010) or cause any part of this clause 10 to be void. To the extent permitted by law all conditions, warranties and undertakings are expressly excluded.
c) Unless the goods supplied by the Supplier are of a kind ordinarily acquired for domestic household or personal use or consumption, the Supplier's liability under clause 10 (b) for breach of a non-excludable condition or warranty is limited, at the Supplier's option, to any one of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of providing replacement goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
d) Subject to clause 10(b) the Supplier shall not be liable for any direct or indirect loss whatsoever, including consequential loss, loss of profits, loss of opportunity or loss of use.
Save and except as required by law no warranty is given where the Supplier is not the manufacturer of goods other than the warranty offered by the manufacturer and to the fullest extent legally permissible the Supplier’s liability shall in all cases be strictly limited in accordance with clauses 3 &4 of these terms and conditions. Where the Supplier is or might be deemed to be the manufacturer then the Supplier’s standard warranty applies for the period applicable to specific goods. Details of the Supplier’sstandard warranty and the schedule of periods applicable are available on the website and upon request from the Supplier’s Head Office at 212 Maroondah Highway, Blackburn, Victoria 3129.
Notices to be given by the Customer to the Supplier may be delivered personally or sent to the Store Manager of the Supplier at the Supplier's address at and, unless the contrary is proved, notice shall be taken as delivered when received by the Supplier at that address. Notices to be given to the Customer by the Supplier may be delivered personally or sent to the Customer's last known address and, unless the contrary is proved, shall be taken as delivered on the second business day following posting. Invoices and statements are deemed received by the Customer on the second business day after posting by ordinary prepaid post.
In the event that the whole or any part or parts of any provisions in this agreement should be held to be void or unenforceable in whole or in part such provision or part thereof shall to that extent be severed from these terms and conditions but the validity and enforceability of the remainder of these terms and conditions shall not be affected.