TERMS AND CONDITIONS OF SALE 2015
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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.
THIS RETURNS POLICY DOES NOT AFFECT YOUR STATUTORY RIGHTS.