Terms and Conditions For Account Customers
In these Terms and Conditions unless otherwise indicated by context:
“Company” means Kayell Australia PTY Limited (ABN 13 087 954 149)
“Purchaser” means the Purchaser whose order for the purchase of goods is accepted by the Company.
“GST” means goods and services tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Any quotation made by the company is not an offer to sell goods or to provide services and no order given in pursuance of any quotation shall bind the Company until accepted by it in writing or by the commencement of the supply or provision of goods.
2. Acceptance of Buyers Order
Submission of an order shall constitute deemed acceptance of these Terms and Conditions.
Unless otherwise agreed in writing all orders are subject to acceptance by the Company within 30 days of receipt by the Company of the Purchaser’s order.
3. Cancellation of Orders
Once an order has been placed it cannot be cancelled by the Purchaser except in writing and then only with the prior consent of the Company.
In the event that the Purchaser cancels delivery of the goods and this is agreed to in writing by the Company, the Purchaser shall be liable for any costs incurred by the Company up to the time of cancellation.
While descriptions of the equipment or services and brochures accompanying any quotations are as accurate as possible, we reserve the right to supply the equipment or services with such modifications and specifications at the company's discretion.
At the Company’s sole discretion the price shall be either:
(a) as indicated on invoices provided by the Company to the Purchaser in respect of Goods supplied; or
(b) the Company’s current prices, at the date of delivery of the goods according to the Company’s current price list.
(c) the Company’s website prices may differ from prices obtained thru non website orders.
The Company may by giving reasonable notice to the Purchaser (verbally or otherwise) at any time before delivery of the goods increase the price of the goods.
Unless we state in writing to the contrary the price does not include GST or installation. The Company reserves the right to charge freight at an amount determined from time to time at the Companies discretion. Unless a price is stated in writing to include GST, the price will be increased by the amount of any GST and other taxes and duties which may be applicable.
6. Payment Terms
At the Company’s sole discretion, payment for an approved Purchaser shall be due on thirty (30) days following the end of the month in which an invoice is dated. All other sales will be by cash on delivery, cheque or credit card, unless agreed in writing by the Company. To make payments by cheque the Purchaser must be pre-approved by the Company first.
Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of ten percent (10%) compounding per calendar month and shall accrue at such a rate after as well as before any Judgment.
The Company reserves the right, and without prejudice to its other rights hereunder and at law, to cancel orders or to suspend deliveries of other goods until such payment has been made; and all moneys owing to the Company including all monies owing to the Company for goods sold shall become immediately due and payable and the Purchaser shall indemnify the Company against all costs (including Solicitor and own client costs, commercial agents, commissions, freight, surcharges, fees, insurances, accounting costs, loss of profit and all interest) incurred by the Company as a result of such default and the action taken by the Company in respect of the same.
Where payment terms are Net 30 days from the end of the month have been extended to a Purchaser, and the Purchaser is late with payment in full or part and decides to pay their account with a credit card accepted by the Company the Purchaser will incur these additional charges plus any interest owed. 1.5% for Visa and Mastercard and 3% for American Express
The Company may deliver the goods by instalments or partial shipments and the Purchaser will accept each delivery. Requirements shall not be a condition or of the essence of the contract. The Company shall not be under any liability for direct or consequential loss or damage to the Purchaser arising from delay or postponement of delivery. The Company shall have the sole and absolute discretion as to the choice of carrier and method of carriage of the goods. Should the Purchaser nominate their own carrier then all charges relating to such a delivery will be at the Purchaser’s cost. In the event that the Purchaser alleges that any of the goods have not been delivered as ordered it shall give written notification of such alleged non-delivery to the Company within seven (7) days of the date of invoice relating to those goods and a full description of the goods.
The Company’s goods come with Guarantees that cannot be excluded under the Australian Consumer Law. The Purchaser is entitled to a replacement or refund from the original vendor or place of purchase, for a major failure and for compensation for any other reasonably foreseeable loss or damage from that supplier. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these Terms and Conditions is intended to have the effect of contracting out of any applicable provisions of the Commonwealth Competition and Consumer Act 2010 (Cth) incorporating the Australian Consumer Law or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those acts where applicable.
For more detailed warranty information on selective products go to http://www.kayellaustralia.com.au/returns/index.html
9. Claims and Returns Policy
The Purchaser shall be responsible for inspecting the goods immediately upon delivery to ensure that the goods are those ordered by the Purchaser. The Purchaser's responsibility shall not in any way be diminished or extinguished in the case of goods, which are delivered to a third party at the direction of the Purchaser. All claims must be submitted in writing within 5 working days of receipt of invoice or the goods being delivered. Goods cannot be returned except with prior issuance by the Company of an RMA (Return Merchandise Authorization) number. Goods will not be accepted by the Company’s warehouse, unless the RMA number is clearly marked on documents accompanying returned goods. All goods returned should be in original packaging and include all, accessories manuals and instructions. Where any part of a product is not returned, Kayell Australia reserves the right to reduce credit by the price for said accessories, manuals and instructions. Returned goods will be subject to count & inspection before credit is passed. Where goods are returned for reasons other than faulty, damaged or incorrectly delivered goods, the Company reserves the right to apply a re-stocking fee of 20% of the sale price of the returned goods. Freight on returned goods shall be pre-paid by Purchaser, and the Company accepts no responsibility in respect of returned goods lost or damaged in transit.
For more details on the Company's Returns Policy go to http://www.kayellaustralia.com.au/returns/index.html
10. Title and Risk
It is the intention of the Company and agreed by the Purchaser that title to the goods shall not pass until:
(a) the Purchaser has paid all amounts owing for the particular goods, and
(b) the Purchaser has met all other obligations due by the Purchaser to the Company in respect of all contracts between the Company and the Purchaser, and that where practicable the goods and all other obligations of the Purchaser are met, shall be kept separate until the Company shall have received payment.
Until such time as ownership of the goods shall pass from the Company to the Purchaser the Company may give notice in writing to the Purchaser to return the goods or any of them to the Company.
If the Purchaser fails to return the goods to the Company, then the Company or its agent has the right to recover the goods at its option and the Purchaser is obliged to deliver up the goods if so directed by the Company or its agent in accordance with the enforcement procedures outlined in Chapter 4 of the Personal Property Securities Act 2009 (Cth) or applicable legislation from time to time.
The Purchaser is only bailee of the goods until such time as the Company has received payment in full for the goods then the Purchaser shall hold any proceeds from the sale or disposal of the goods on trust for the Company.
The Purchaser shall not charge the goods in any way nor grant nor otherwise give any interest in the goods while they remain the property of the Company.
The Purchaser acknowledges that the Company may register, at its discretion its interest in the goods as a Security Interest and such registration fees will be payable by the Purchaser. The Company will provide a copy of the Verification Statement once the Security Interest has been registered.
Risk in relation to the goods shall pass to Purchaser at the time when goods are delivered to the Purchaser’s nominated location.
11. Personal Property Securities Act 2009
These Terms and Conditions are governed by the Personal Property Securities Act 2009 (Cth) as amended from time to time. Any capitalised words used in these Terms and Conditions but not defined herein shall take on the meaning of such defined words in the Act and if not defined in the Act then its ordinary meaning.
12. Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations if such failure was caused by any event for which the Company could not reasonably have exercised control.
The Company may amend these Terms and Conditions at any time by giving Purchaser notice by mail, e-mail or by posting a notice on Kayell Australia's website. By continuing to place orders for goods, the Purchaser will be deemed to have accepted the revised Terms and Conditions. Any provision of these Terms and Conditions which is invalid or unenforceable will be read down to the extent necessary, and the remaining provisions will continue unaffected.
The Purchaser may not assign or attempt to assign any of its rights and obligations under these Terms and Conditions.
Where the Company agrees to store or hold on consignment goods on behalf of the Purchaser, all risk remains with the Purchaser. Any goods so held are to be insured for full purchase value by the Purchaser.
Where in these Terms & Conditions reference is made to the address of Kayell Australia Pty Limited (ABN 13 087 954 149) the registered office is: Kayell Australia Pty Limited 1/19 Hotham Parade ARTARMON NSW 2064
16. Jurisdictions & Applicable Law
The Terms and Conditions shall be governed and construed in accordance with the laws of the Commonwealth of Australia and in particular the State of New South Wales. The parties agree that the Courts of New South Wales shall have jurisdiction to hear and determine any dispute arising hereunder.