Terms and Conditions of Sale

1. Dispatch of goods will be as soon as practicable, having regard to all orders on hand to the arrangements of the company’s distribution programme. Orders including for local delivery are only accepted subject to the company’s ability to supply and on the condition that the goods will be accepted at prices ruling on the dates of dispatch. No responsibility willbe accepted for customers pricing information being out of date.
2. No binding contract, shall exist until the buyer’s order has been accepted in writing. In the event of there being any conflict between these conditions of sale and any conditions of purchase, or any other terms, conditions or warranties stipulated by the buyer, the company’s conditions shall prevail unless otherwise agreed in writing. Telephone orders must be confirmed in writing, clearly marked “confirmation only”.
3. Quotations given and orders accepted are based on the current cost of distribution and are subject to amendment on or after acceptance to meet any recognised rise or fall in such cost. Any alterations in quality or delivery may necessitate an adjustment of prices. No order may be suspended, cancelled or amended without the company’s agreement in writing and the buyer shall agree to accept liability for purchase, stock, work in progress, labour costs or unrecovered overheads, etc., consequent upon the suspension, cancellation or amendment of any order agreed to by the company.
4. Any times quoted for delivery are estimates only and the company shall not be liable for failure to deliver or for delivery arising from any cause whatsoever beyond the company’s control. The buyer shall not be relieved of any obligation to accept or pay for goods by reason of delay in delivery or dispatch. The company reserves the right to deliver by instalment, and each instalment shall be deemed to be sold under a separate contract. Failure to deliver any instalment shall not entitle the buyer to repudiate the contract.
5. Unless otherwise expressly agreed by, or shown on an invoice issued by Con-Serv, the prices specified include GST. The customer must bear and pay all GST or any other tax or duty that may be imposed on or in relation to any supply.
6. Stock will not be accepted for return unless prior arrangements have been made. The returned goods and packaging must be undamaged and in original condition. A restocking fee of 15% of the net invoice value will apply to all stock returns, unless special arrangements have been made prior to the return of the goods. “Freight collect” charges for returned goods will be deducted from credit notes issued, unless we agree in advance to accept such charge.
7. No conditions or warranties expressed or implied by law, and no representations or statements are binding on the company unless set out in this contract.
8. Payment for goods dispatched strictly 30 days from the closing date of each month. Under Retention of Title, ownership of all goods, shall remain with the company until all outstanding monies owed by the buyer have been paid. If the buyer makes default in any payment or commits an act of bankruptcy, or being a body corporate, goes or is put into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction), the company may at its option withhold further deliveries or cancel the contract without prejudice to any rights to recover any debt of damages. The company shall be at liberty at its discretion to charge interest on all overdue accounts. Credit is extended only to regular customers with appropriate credit ratings. Payment is expected strictly “30 days from date of invoice”. Deductions from or alterations to invoices and/or statement will not be accepted.
9. Unless otherwise advised the company will apply a freight charge for commercial orders and for store purchases under $200.00 GST inclusive.
10. Off-loading shall be the entire responsibility of the buyer and the buyer shall be responsible for providing labour and facilities at the delivery points for unloading goods ordered by him and keep the company indemnified from the against all claims whatsoever arising from such unloading conditions.
11. The buyer shall inspect the goods as soon as possible after delivery. No claim by the buyer need to be recognised unless made in writing within 10 days after delivery of the goods to the buyer, quoting original invoice number and date. No claim for damage or resultant expenses direct or indirect of any goods shall in any case exceed the invoice value of the goods in respect of which damage or expense shall arise. All damage or expenses over and above such invoiced value shall be the responsibility of the buyer. Goods are not to be returned under any circumstances before instructions for their return or disposal are issued by Con-Serv Corporation Australia Pty. Ltd. Failure to observe this condition may invalidate any insurance claims, and the resulting losses are for the account of the customer.
12. Any description of goods contained in this contract is given by way of identification only, and use of such description shall not constitute this contract a sale description.
13. All tools gauges, jigs, drawings, blue prints, specifications, check fixtures, screens, photographs, negative and positive films, stencils and similar items which are manufactured, paid for, supplied or used by the company in connection with any order or enquiry shall remain the property of the company and shall not be produced without the company’s written permission, and the company reserves the right to sell to other buyers any products made using the items referred to above.
14. The buyer shall not without the consent in writing of the company assign or transfer the contract or any part of it or any part of it to a third party except as part of a company amalgamation or reconstruction.
15. Any disputes on the contract are to be submitted to arbitration in the state in which the goods are distributed.
16. In addition to any line to which the company may be statute or otherwise be entitled, the company shall, in the event of the buyers insolvency, bankruptcy or winding up, be entitled to a general lien on all property or goods belonging to the buyer in the company’s possession, (although such goods or some of them have been paid for), for the unpaid price of any other goods sold and delivered to the buyer under this or any other contract.
17. Failure by the company to insist upon the strict performance of any terms or conditions herein shall not be deemed a waiver thereof or of any rights the company may have, and shall not be deemed a waiver of any subsequent breach of any term or condition.
18. Where the company has followed a design or instruction furnished or given by the buyer, the buyer shall indemnify the company against all damages, penalties, costs and expenses to which the company may become liable through any work required to be done in accordance with those instructions involving an infringement of a Patent, Trademark, Registered Design, Copyright or Common Law right.
19. All goods distributed and sold by the company are made against a specific company quality specification and are subject to manufacturing tolerances. The company does not warrant that all goods produced will comply exactly with the specification in every respect and the buyer agrees to accept the goods provided that the variations from the specification do not
    exceed reasonable commercial limits.
20. Water Board requirements are not uniform throughout Australia. We will therefore be unable to accept responsibility for damages or claims resulting from the installation of fittings where the installation does not conform with Water Board requirements.

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