TERMS AND CONDITIONS

TERMS AND CONDITIONS OF SALE 2015
Call 1800 820 850 or Email info@melbournehydronic.com.au
INTERPRETATION: Where stated “Melbourne Hydronic
Heating” means Melbourne Hydronic Heating Pty Ltd and
includes its agents and servants. “Purchaser” shall mean
any person, persons, firm or company to which supply of
goods has been made. “Goods” shall be deemed as any
goods, accessories and/or service(s) supplied by
Melbourne Hydronic Heating, to the purchaser.
TERMS OF PAYMENT: All accounts are strictly net 30 days,
unless otherwise specified on the invoice. Melbourne
Hydronic Heating reserves the right to vary these terms of
payment without notice.
PRICE: Unless otherwise agreed in writing the price
(charges) shall be in accordance with the price advised to
the purchaser in the current Melbourne Hydronic Heating
price list, less any applied trade discounts, as
documented, or special price structure, as agreed in
writing. Any tax, excise or levy imposed by any
Government body in the sale, delivery or manufacture of
the goods will also apply.
RETENTION OF TITLE: Title to the goods delivered shall
pass to the purchaser only when all monies owing under
this, or any contract, are paid in full to Melbourne
Hydronic Heating. (a) Until full payment of all monies
under these terms and conditions are received, the
purchaser shall store the goods in a manner that clearly
manifests the ownership of the title to Melbourne
Hydronic Heating. (b) In the event of sale of the goods to
the purchasers customer(s) notwithstanding the
provisions of (a), the purchaser shall hold in its fiduciary
capacity, a separate account in trust of all proceeds of
transactions between itself and its customers where the
transactions have involved the use by the purchaser of the
goods supplied by Melbourne Hydronic Heating. (c) In the
event of a default of any of these conditions of sales
and/or the appointment of a formal Administrator,
Receiver, Liquidator or Official Manager over the
purchaser, Melbourne Hydronic Heating shall be given
access to enter upon the purchasers premises or
elsewhere, to take possession of and remove any goods
subject to this condition.
DELIVERY: The goods shall be at the purchasers risk
immediately on delivery to the purchaser and/or at any
such address as agreed by Melbourne Hydronic Heating
and the purchaser. (a) Any claims by the purchaser on
Melbourne Hydronic Heating for short delivery and/or
delivery of incorrect goods must be notified to Melbourne
Hydronic Heating, in writing, within three (3) working days
after delivery of the goods to the purchaser. (b)
Melbourne Hydronic Heating, in no circumstances, may be
found liable for loss and/or consequential damage as a
result of late or no delivery of the goods.
RETURN OF GOODS (undamaged): In the event of the
purchaser returning undamaged goods to Melbourne
Hydronic Heating, it is at the absolute discretion of
Melbourne Hydronic Heating as to whether or not to
accept such goods for return. Any credit in respect
thereof shall be subject to: (a) Credit Request Form
having been completed and forwarded to Melbourne
Hydronic Heating for authorization. (b) Expenses incurred
in the return of the goods shall be deducted from any
applicable credit and/or subsequent refund. (c) Goods
shall be returned in the same condition in which they were
dispatched. Note 1: Goods ordered as “special build” (not
standard stock) will not be accepted for return/credit.
Note 2: Goods returned for credit will be subject to a
restocking fee, and if returned after a period of 60 days
may be refused.
RETURN OF GOODS (damaged/faulty): In the event of
the purchaser returning damaged/faulty goods to
Melbourne Hydronic Heating, the following shall apply: (a)
Goods damaged in transit by either Melbourne Hydronic
Heating delivery and/or transport arranged by Melbourne
Hydronic Heating will be covered by insurance as standard
practice. Goods damaged in transit, where the transport
is arranged by the customer, will be at the purchaser’s
risk. (b) Damaged goods shall be reported to Melbourne
Hydronic Heating within 3 days of the date of delivery. (c)
In respect to faulty goods, Melbourne Hydronic Heating
will supply a replacement unit, charged to the purchaser’s
account. This charge will be credited in full upon
inspection/acceptance of liability by Melbourne Hydronic
Heating and/or the manufacturer. Note 1: Faulty goods
are covered under the company’s standard warranty
conditions which are available on request. Note 2: Goods
deemed to be faulty as a consequence of incorrect/faulty
installation will be void of warranty.
WAIVER: The rights of Melbourne Hydronic Heating shall
not be impaired if Melbourne Hydronic Heating waives
any breach or default by the customer or delays or omits
to exercise or avail of its rights pursuant to these Terms
and Conditions of Sale. These Terms and Conditions of
Sale are subject to Legislation and Trade Practice Acts
prevailing in the State and Territories where the sale is
affected.
ACCEPTANCE OF TERMS AND CONDITIONS OF SALE: By
acceptance of receipt of the goods, the purchaser
acknowledges, understands and agrees to the Terms and
Conditions of Sale.

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