Terms of Sale
Delivery of Goods
- These conditions of sale apply to all transactions between the buyer and the seller, including all quotations, offers, orders or sales.
- These conditions (which will only be waived or varied in writing signed by the seller) will prevail over all conditions of the transactions to the extent of any inconsistency.
- In these terms and conditions, “Company” shall mean Ayoub Supply, “Customer” is referring to the purchaser of the “goods” shall mean the items subject to the sale.
- A delivery time and cost shall be agreed on prior to taking payment of the goods.
- Subject to clause 3.3 the items will be delivered on the agreed date.
- Delivery of goods does not include the installation of the goods unless otherwise stated.
- Delivery of the goods will be kerbside only or at the receiving point of the address.
- While the seller endeavors to keep delivery dates, any delay of delivery, for any reason what so ever will not entitle the buyer to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement.
- Should circumstances beyond the control of the seller prevent or hinder delivery, the seller will be free from obligation to deliver goods while such circumstances continue. For as long as such circumstances exist, the seller may, at its option, cancel, rescind or terminate all or any part of the contract or to keep the contract on foot until such circumstances have ceased. Such circumstances beyond the control of the seller include, but are not limited to: strikes, lockouts, rebellions, fire, acts of god, shortages of raw material, government decrees, proclamations or orders, transport difficulties, and failures or malfunctions of computers or other information technology systems.
- The seller reserves the right to over – supply or under – supply any order within reasonable limits. The buyer will pay for any such over – supply at the unit price for the delivered goods.
- Deliveries by installments must be requested by the buyer within the times stipulated in the contract.
- Where the buyer fails to request or accept installment deliveries in accordance with the terms and conditions of the contract:
a) The seller may store the goods at the risk and cost of the buyer; and
b) The buyer will be deemed to be in default of payment for the delivery.
- Where goods are ordered for delivery by installments, each installment delivery is deemed to be a separate order and a separate contract performed by the seller upon delivery of that installment.
Retention of Title
- Risk in each order will pass to the buyer upon delivery of that order to the buyer or upon collection of that order by the buyer’s agent or courier as the case may be.
- Subject to clause 7, where, in accordance with these terms, the seller accepts return of any goods, risk in those goods will revert to the seller upon delivery of the goods to the seller or upon collection of the goods by the seller agent or courier as the case may be.
- Any property of the buyers under the seller’s custody or control will be entirely at the buyers risk as regards loss or damage caused to the property or by it.
- Notwithstanding delivery of the goods to the buyer, until the buyer has effected full payment for the goods and any other goods previously supplied by the seller:
a) legal title to the goods will remain with the seller;
b) The risk in the goods will pass to the buyer upon delivery to the buyer or its agent
c) The relationship between the seller and the buyer will be fiduciary and the buyer will hold the goods as bailee for the seller and keep them separate from other goods and the buyer will label the goods so that they are identifiable as the goods of the seller and
d) In the event that the buyer uses the goods/product in some manufacturing or construction process of its own or some third party, then the buyer will hold such part of the proceeds of such manufacturing or construction process as relates to the goods/products in trust for the seller. Such party will be deemed to equal in dollar terms the amount owing by the buyer to the seller at the time of the receipt of such proceeds.
- The buyer is not an agent of the seller in any sale by the buyer of the goods.
- If the goods are resold (save where products manufactured using the goods are sold), by the buyer, the buyer will hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of the seller and will pay such amount to the seller upon request.
- Notwithstanding the provisions above the seller will be entitled to maintain an action against the buyer for the purchase price.
- Until title to the goods passes to the buyer, the buyer will store the goods in such a manner that clearly identifies them as being the property of the seller.
- A deposit is payable to the company if a customer wishes to purchase goods.
- This deposit is non – refundable due to the customers changing there mind.In the event the customer no longer requires the item, a credit not valid for 3 Months shall be issued.
- The price payable for the goods shall be paid in full within seven days or presentation of this invoice. In the case of late payment, we reserve the right to charge interest on the price payable at the rate of 3% for every month that such price is outstanding.
- All applicable taxes, duties or levies (including GST) on the sale of the goods will be to the buyers account.
- The seller may, at its option and without prejudice to any of its rights, either suspend further deliveries, require payment in advance or terminate any contract by written notice to the buyer where the buyer:
a) defaults on a payment due under the agreement;
b) being a natural person, commits an act of bankruptcy;
c) being a corporation, is subject to:
d) A petition being presented, an order being made or a meeting being called to consider a resolution for the buyer
to be wound up, deregistered or dissolved.
e) A receiver, and manage or an administrator under Part 5.3A of the corporations Act 2001 being appointed to all
or any part of the buyers property and undertaking.
f) The entering of a scheme of arrangement ( other than for the purpose of restructuring); or
g) Any assignment for the benefit of creditors.
Acceptance of Goods
- The buyer will inspect the goods immediately upon delivery to the buyer or upon collection of that order by the buyer’s agent or courier as the case may be.
- All claims against the seller regarding the quality, nature, fitness, suitability, conformance with the description or defects of the goods must be made in writing to the seller in accordance with these terms.
- In the event of justified objection notified by the buyer to the seller in accordance with these terms, the seller may, at its option:
a) Reduce the purchase price by agreement with the buyer;
b) Accept the return of the goods and, subject to the goods being returned in the same condition as when they were delivered to the buyer, refund to the buyer the purchase price; or
c) Replace the goods.
d) And no additional claims of any nature what so ever may be made against the seller.
Advice and Information
Trade Practices Act
- Any advice, recommendation, information, assistance or service given by the seller in relation to goods sold by the seller for their use or application is given in good faith and is believed to be accurate, appropriateness or reliability and the seller does not accept any liability or responsibility for any loss suffered from the buyers reliance on such advice, recommendation, information, assistance or service.
- The terms in this agreement that exclude or limit the owner’s liability will apply only to the extent permitted by law. Provisions of the Trace Practices ACT 1974 and other statutes from time to time in force can not be excluded, restricted or modified or can only be restricted or modified to a limited extent. This agreement be read and construed subject to any such statutory provisions. If any such statutory provisions apply, then to the extent to which the owner is entitled to do so its liability under those statutory provisions will be limited at its option to:
a) The replacement of the goods or the supply of equivalent goods; or
b) The repair of the goods; or
c) The payment of the cost of replacing the goods of acquiring equivalent goods; or
d) The payment of the cost of having the goods repaired.
- The warranty period for new equipment is 12 months and pre – owned equipment 3 months unless otherwise stated.
- Warranty service calls shall be rendered within normal working hours, the additional cost of a warranty service outside these hours is the customer’s responsibility.
- The company shall not be liable for any losses, damages, costs (including legal costs) and expenses suffered by the customer as a result of a break down of the equipment.
- Misuse, neglect or unauthorised alteration to the goods will render the warranty void.
- Breakage of glass, bulbs, lamps or other parts of the like is not covered under warranty.
- The company will require an official purchase order for all orders.
- The order shall be made out to Ayoub Supply and the Purchasers ABN must be visible on the order. This order shall note the agreed price between the two parties
- For order placed in advanced the company will attempt where possible to meet the requested delivery date, however as we can not predict outside influences, supply cannot always be guaranteed by the requested date.
- Cancelled orders are subject to a 35% restocking fee. This is to cover the cost of returning the goods to the warehouse.
- For any special or customised orders, returns are not accepted.
- Cancelled orders are subject to a 35% cancellation fee.
- Prices quoted are all GST exclusive unless otherwise stated.
- Prices are subject to change.
- Where two or more items are purchased, a discount structure is applied to the package price, where the customer decides to purchase the goods separately and thus not in a package deal, and then the original price quoted is subject to change.
- Prices quoted do not take into consideration the freight of the items, and shall be considered separately.
- Notice of these Terms and Conditions will imply an understanding and an agreement to them.