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Terms & Conditions for Online Store


General

  1. In these terms and conditions “the Company” means Kissel and Wolf Australia Pty Ltd ACN 006 956 976 to which this application for credit is made and includes its successors and assigns and “the Buyer” means the entity which is applying for credit in the application overleaf.
  2. These terms and conditions shall apply to the exclusion of all others including any terms and conditions of the Buyer (whether on the Buyer’s order form or otherwise). The Buyer acknowledges that these terms and conditions constitute the whole agreement between the parties unless otherwise agreed in writing.

Prices

  1. Orders are accepted on the condition that the goods will be invoiced at the price ruling at the date the goods are dispatched. Unless specified to the contrary, prices quoted are exclusive of all GST, stamp duty, and like levies or taxes. The Company may amend prices at any time without prior notice. Quotes will remain valid for thirty (30) days from the date thereof.

Payment

  1. Kissel and Wolf Australia Pty Ltd ACN 006 956 976 default payment terms are payment at the time of order (online payment). The Buyer shall make payment to the Company for all goods supplied as per the payment terms of the invoice supplied unless otherwise agreed in writing. The Buyer acknowledges that time is of the essence regarding payment and that any breach of this term will enable the Company to exercise all its rights contained herein, including the right to cancel further credit and take legal action for the recovery of all sums outstanding.

Delivery

  1. The Buyer will pay all transport costs to deliver the goods unless otherwise agreed by the Company in writing.
  2. The Company shall use its best endeavours to comply with the Buyer’s requests for delivery dates. However, the Company will not be liable for any loss or damage resulting from delays. Delivery of goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer.
  3. The Buyer is responsible for checking each delivery to ensure that it is complete and in good condition. Any claims for shortages, damages, or defects must be made in writing within fourteen (14) days of receipt of goods.

Returns and Replacements

  1. The Company will not accept the return of goods unless prior written authorisation is given, and the returned goods are in their original condition and packaging.
  2. If goods are delivered in a damaged condition, the Company will replace the goods. The Buyer must notify the Company within fourteen (14) days of receipt of the goods, providing proof of damage. The Company will cover the cost of returning the damaged goods and delivering the replacement.
  3. The Company does not offer refunds for products. Replacements will be provided for items damaged in transit.

Warranty

  1. All warranties, whether express or implied, and whether statutory or otherwise, regarding the goods supplied by the Company as to quality, fitness for purpose, or any other matter, are hereby excluded except in so far as any such warranties are incapable of exclusion at law.
  2. If a product or service purchased fails to meet a consumer guarantee, the Buyer has the right to ask for a repair, replacement, or refund under the Australian Consumer Law, depending on the seriousness of the issue.

Intellectual Property

  1. The Company retains the copyright in all drawings, designs, and specifications of any products unless otherwise agreed in writing.
  2. If the Buyer provides any specifications, designs, or drawings for the production or manufacture of any item, the Buyer warrants that these do not infringe any third-party rights and indemnifies the Company against any related claims.

Cancellation

Orders placed with the Company cannot be cancelled without the written approval of the Company. In the event that the Company accepts the cancellation of any order placed with it, it shall be entitled to charge a reasonable fee for any work done on behalf of the Buyer to the date of the cancellation including a fee for the processing and acceptance of the Buyer’s order and request for cancellation.

Consent To Credit Check – Privacy Act

The Buyer acknowledges and authorizes the Company pursuant to the provisions of the Privacy Act to:

  1.  seek from or give to a Credit Reporting Agency personal information about the Buyer at any time after signing this form; and
  2.  contact any trade references or other credit providers and acquire from them or give to them personal information in relation to the Buyer and its credit worthiness.

Jurisdiction

The proper law of all contracts arising between the Company and the Buyer is the law of the State of Victoria and the parties agree to submit to the jurisdiction of the Courts of that State.