Terms and Conditions

Terms and Conditions of Trade

 

ALTENDORF ASIA PACIFIC PTY LIMITED

ACN 006 929 139

TERMS AND CONDITIONS OF TRADE

 


1.   INTERPRETATION

In these Terms:

1.1.   Agreement” means any agreement between the Company and the Customer for the sale of Goods and/or provision of Services.

1.2.   “Company” means Altendorf Asia Pacific Pty Limited ACN 006 929 139.

1.3.   “Company’s Premises” means the Company’s principal place of business as shown in the records of the Australian Securities and Investments Commission from time to time.

1.4.   “Consequential Loss or Damage” means loss of profits, revenue, use or opportunity, re-installation costs, removal costs and any remote or indirect form of loss or damage.

1.5.   “Goods” means all equipment and goods including consumables sold and/or delivered by the Company to the Customer from time to time.

1.6.   “GST” means the Goods and Services Tax imposed by A New Tax System (Goods & Services Tax) Act 1999 and any related act and/or regulations.

1.7.   “Services” means all installation, commissioning, maintenance, repair and on-site technical support services provided by the Company to the Customer from time to time.

1.8.   “Service Charges” means the moneys charged by the Company for the provision of the Services.

1.9.   “Terms” means these Terms and Conditions of Trade.

 

2.   APPLICATION

2.1.   These Terms apply to the sale of Goods and/or the provision of Services to the Customer by the Company.

2.2.   No amendment, alteration, waiver or cancellation of these Terms is binding on the Company unless confirmed in writing by the Company.

2.3.   The Customer acknowledges and agrees that:

2.3.1.   no employee or agent of the Company may make, and the Customer has not relied on, any representation, warranty or promise in relation of the Goods and/or the Services other than as contained in these Terms;

2.3.2.   the Customer has determined that the Goods and/or the Services are fit for the purpose for which they are required;

2.3.3.   the Customer has not relied on the skill and judgement of the Company in selecting the Goods and/or the Services; and

2.3.4.   the Customer has checked the Goods and/or Services for suitability, functionality, completeness, and any performance values or specifications given by the Company.

 

3.   TERMS OF PAYMENT

3.1.   Prices quoted are strictly ex the Company’s premises, and do not include costs for packaging, delivery, freight, insurance, installation and/or commissioning unless stated and, subject to clause 3.2, are fixed for a period of thirty (30) days from the date of the quotation.

3.2.   Prices quoted are subject to change if:

3.2.1.   there is any delay by the Customer in the performance of any of the Customer’s obligations resulting in additional costs; or

3.2.2.   there is any variation in the cost price to the Company by the manufacturer between the date of the quotation and the date of delivery of the Goods to the Company by the manufacturer.

3.3.   Payments must be made in full, without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement to the Customer.

3.4.   Payments must be made by designated credit card; cash or cleared funds prior to delivery.

 

4.   DELIVERY

4.1.   Availability is subject to change and delivery times are estimates only, but the Company will use its best endeavours to maintain the respective estimate of delivery time.

4.2.   The Company reserves the right to deliver the Goods in whole or by instalments.

4.3.   Where the Goods are delivered by instalments, each instalment is sold under a separate Agreement.

4.4.   Any failure on the part of the Company to deliver instalments within any specified time does not entitle the Customer to repudiate the Agreement with regard to the balance remaining undelivered.

 

5.   PROPERTY IN GOODS / RETENTION OF TITLE

5.1.   Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods so supplied have been paid for in full in cash or cleared funds.

 

6.   GOODS AT CUSTOMER’S RISK

6.1.   The Goods are entirely at the risk of the Customer from the moment the Goods leave the Company’s Premises even though property in and title to the Goods have not passed to the Customer.

6.2.   The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company for their full replacement value against theft, destruction, fire, water and other risks, as from the moment of collection by the Customer until property of and title to the Goods have passed to the Customer.

6.3.   The Customer must take all reasonable measures to ensure that the Company’s title to the Goods is in no way prejudiced. If any of the Goods are lost, destroyed or damaged, any insurance proceeds relating to the Goods in respect of such event that are received by the Customer, must be paid to the Company immediately on receipt.

 

7.   INSPECTION

Unless the Customer has inspected the Goods and given written notice to the Company within fourteen (14) days after delivery that the Goods are defective, do not comply with the relevant specifications or descriptions, or that the Goods are faulty or damaged, the Goods are deemed to have been accepted in good order and condition and compliant with those specifications and descriptions.

 

8.   CANCELLATION OF ORDER AND RETURN OF GOODS

8.1.   No order may be cancelled, modified or deferred without the prior written approval or upon receipt of a return authorisation number by the Company in accordance with clause 8.2 and if such approval is given and the Customer paid any cancellation and restocking fees (as referred to in our returns policy). Returns are subject to returns policy as published on this website.

8.2.   Subject to clauses 8.3 and 8.4, the Company will only accept the return of any Goods to it by the Customer, if:

8.2.1.   the Customer has applied to the Company for approval to return the Goods within fourteen (14) days of delivery;

8.2.2.   the Company has given written approval or a return authorisation number for the return of the Goods;

8.2.3.   the Customer has returned the Goods to the Company’ premises (or such premises as are specified by the Company in its approval referred to in clause 8.2.2) within fourteen (14) days from the date the approval is granted.

8.3.   If the Company agrees to the return of Goods:

8.3.1.   the Goods, when received by the Company, must be unsoiled, undamaged and in a resalable condition as determined by the Company;

8.3.2.   the Customer must pay for the delivery, freight, customs, duties, levies and/or insurance in respect of the return of the Goods to the Company; and

8.3.3.   the Customer must bear the risk of loss or damage of the Goods in transit until arrival of the Goods at the return address as advised by the Company.

8.4.   The Company will not allow a credit or return of Goods if the Goods are:

8.4.1.   imported especially for the Customer or comprise non-standard equipment made to special order; or

8.4.2.   marked on the Company’ invoices as “NOT RETURNABLE”.

 

9.   GOODS AND SERVICES TAX

9.1.   GST is not included in the quoted price unless stated otherwise in the relevant quote, tender, invoice or the like.

9.2.   Where GST is imposed on the Company in respect of the supply of the Goods and/or the provision of the Services then the Customer must pay the Company the amount of such GST in addition to the quoted price unless stated otherwise.

9.3.   The Company must give the Customer written notice of the amount of any GST payable in respect of the supply of the Goods and/or the provision of the Services and provide a tax invoice showing the amount of GST payable.

 

10. COMPANY’S LIABILITY LIMITED

10.1.Subject to clauses 10.2 to 10.4 and clause 11.6, these Terms do not affect any rights conferred by the Trade Practices Act (1974).

10.2.The Customer indemnifies and keeps the Company indemnified from and against all losses, expenses, claims and demands (including but not limited to legal fees and disbursements on a solicitor-client basis), incurred, suffered or made against the Company in connection with:

10.2.1. any conduct by the Company or its employees or agents, or

10.2.2. any representation, description, undertaking, warranty or promise in relation of the Goods and/or the Services, whether express or implied, other than as contained in these Terms,

unless the Customer has specifically notified the Company in writing before the date of the Agreement of such conduct, representation, description, undertaking, warranty or promise and the Customer’s reliance on it.

10.3.The Company is not subject to, and the Customer releases the Company from any liability (including but not limited to Consequential Loss or Damage) arising from any delay in delivery or provision or fault or defect in the Goods and/or the Services. The Customer acknowledges that the Company is not responsible if the Goods and/or Services do not comply with any applicable safety standard(s) or similar regulation(s), and that the Company is not liable for any claim, cost, damage or demand resulting from such non-compliance.

10.4.If any statutory provisions under the Trade Practices Act 1974 or any other statute(s) apply to the Agreement then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:

10.4.1. replacement or repair of the Goods; or

10.4.2. supply of equivalent Goods; or

10.4.3. providing the Services again; or

10.4.4. payment of the costs of having a third party provide the Services,

and in any case, the Company will not be liable for any Consequential Loss or Damage or any other direct or indirect loss or damage.

 

11. WARRANTY

11.1.The Company warrants that the Goods will be supplied new (except in the sale of second hand Goods) and in an undamaged condition.

11.2.If the Goods are properly and skilfully installed and used by trained and qualified personnel for the applications for which the Goods are designed, are housed and operated in a suitable location, are regularly serviced in accordance with the manufacturer’s specifications and are not programmed, repaired or otherwise interfered with by any person not approved by the Company then for the period specified on this website, the Company further warrants that the Goods will be free of any mechanical or electrical defects caused by faulty workmanship or materials.

11.3.The Customer acknowledges and agrees that:

11.3.1. all technical data supplied by the Company in relation to the Goods are approximates only unless advised otherwise and are subject to alterations by the Company without notice;

11.3.2. it is satisfied from its own enquiries that the specification of the Goods is correct and appropriate for the purpose required by the Customer; and

11.3.3. any performance values or specifications given by the Company are estimates only and the Company is under no liability for damages for failure of the Goods to attain such values or meet such specifications.

11.4.Subject to clause 7. , on discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to the Goods that is alleged to be defective without first obtaining the written consent of the Company to do so.

11.5.The Company warrants that the Services will be provided in a professional and workmanlike manner.

11.6.The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Agreement in relation to the Goods and/or the Services are hereby expressly negatived and excluded to the full extent permitted by law.

11.7.The Customer expressly acknowledges and agrees that it has not relied on, and the Company is not liable for any advice given by the Company, its servants, agents, representatives or employees in relation to the suitability of the Goods and/or the Services for any purposes.

 

12. PDF FILES AND TECHNICAL DOCUMENTS

12.1.Particulars on this website, in PDF files, leaflets, catalogues, drawings, brochures are illustrations only to assist in sourcing correct parts, form no part of the Agreement between the Company and the Customer, and are not binding on the Company.

 

13. FORCE MAJEURE

The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention of public authority, explosion or accident).

 

14. WAIVER OF BREACH

No failure by the Company to insist on the strict performance of any of the terms in these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.

 

15. NO ASSIGNMENT

Neither the Agreement nor any rights arising under the Agreement may be assigned by the Customer without the prior written consent of the Company which is at the Company’s absolute discretion.

 

16. SEVERABILITY

If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.

 

17. CONTRACT / GOVERNING LAW

The terms of contract between the parties are wholly contained in these Terms and any other writing signed by both parties. The Agreement is deemed to have been made at the Company’s Premises in Sydney and any cause of action is deemed to have arisen there.