Terms of Service Ozepool, Discount Pool Supplies
35 Davies Street Kincumber NSW
Phone: 61 2 43690299
Text images 0408053048
TERMS AND CONDITIONS OF SALE Feb 2017
ABN: 31 387 600 614
DEFINITIONS: DISCOUNT EQUIPMENT SALES, & INSTALLATIONS, OZEPOOL.COM and variations thereof to be regarded as belonging to RJ & MA GOLDSTEEN @ above addresses
PRICES: Prices and products are subject to change without prior notice.
GOODS & SERVICES TAX: GST is added to all prices quoted or listed in our Trade Price List or Catalogue and will be charged on top of the quoted price where applicable. GST is also added to any freight, labour or services costs.
PAYMENT: Payment terms are prepaid, Paypal, Visa, Master card and Direct Debit . no credit is provided other than a valid credit card. We reserve the right to terminate or vary credit arrangements without notice.
DELIVERY: Actual cost of postage, courier will be added to sale, based on Aust Post and Couriers schedules, unpacked goods incur a packing and handling cost
OWNERSHIP OF GOODS: All goods remain the property of Discount Equipment sales and Installations whichever is applicable until payment is received in full. Risk of damage to or loss of goods shall pass to the buyer at the time of delivery or once the goods leave a Discount Equipment Sales & Installations\' warehouse by post or a freight carrier, whichever comes first.
RETURNED GOODS: Goods may be returned for credit in as new condition by prior arrangement and must be accompanied by a copy of the invoice. Except for warranty claims, goods returned after 7 days may incur a handling charge at the discretion of Discount Equipment Sales & Installations. Freight costs for returned goods will be charged to the buyer.
WARRANTY CLAIMS: All warranty claims must be accompanied by proof of purchase and the name, address and contact details of the owner/end user. Discount Equipment Sales & Installations reserves the right to determine what remedies if any will be used to satisfy valid warranty claims.
LIMITATION OF LIABILITY: Where a law which implies any inexcludable conditions and warranties or provides the buyer with any inexcludable rights of indemnity allows the liability of Discount Equipment Sales & Installations to be limited to a minimum level in respect of a breach of one or more of those conditions or warranties or to be limited with respect to the amount of the indemnity, it is a term of these conditions that the liability of Discount Equipment Sales & Installations is limited to the minimum level. Goods are sold and service or advice is given in connection therewith on condition that sellers and their servants are not liable in contract, tort or otherwise for any loss, damage, or injury to persons or property arising there from. Discount Equipment Sales & Installations will not be liable for any contingent loss arising from non-performance or non-delivery or late delivery of a product provided by Discount Equipment Sales & Installations.
EFFICACY: Except to the extent to which any Commonwealth, State or Territory law applies to a contract of sale of goods or services by Discount Equipment Sales & Installations and implies conditions and warranties which cannot be excluded, these terms and conditions supersede and exclude all previous terms and conditions whether expressed or implied by law and all prior agreements and representations.
RJ & MA Goldsteen, users of Discount Equipment Sales and Installations, ozepool.com, aussiepoolshop.com, oz-pool.com, ozequip.com, ozpool.com.au, ozpools.com, ozpool.net
TERMS and CONDITIONS of SALE, TRADE, of GOODS and SERVICES.
In these conditions the words we, us, our, shall mean and refer to Discount Equipment sales & Installations, its proprietors, and/or its nominated suppliers and principal nominated installer/s as approved by the proprietors.
The word you shall refer to the person or other entity supplied. The \"goods\" shall refer to the goods, merchandise and other items the subject of the sale transaction and where the context permits or requires includes services.
GST means Goods and Services Tax assessable under the GST law; GST law means A New Tax System (Goods and Services Tax) Act 1999, A New Tax System (Goods and Services Tax Transition) Act 1999 and all associated legislation and rulings there on. Unless otherwise agreed in writing by the parties and subject always to the requirements of relevant legislation these terms and conditions of sale contracts between you and us.
1. GENERAL-These terms and conditions of sale apply to sale of goods by us to you; where this document is a quote, or work order, then the terms and conditions shall have application, so far as the context permits, in respect of any transaction conducted following acceptance of the quotation or negotiated variation there to.
2. PRECEDENCE ï¿½ These conditions shall prevail over the provisions contained in any other document which may conflict with the contents here in contained
VALIDITY- where this document forms part of a quotation:
(i) The quotation is not to be construed as an offer or obligation by us to sell, we reserve the right at our opinion to accept or reject any orders received.
(ii) Our obligation includes only the goods and /or services as specified in our agreement or the delivery documents.
(iii) Our obligation delivering the goods is subject to the availability of those goods at the date that delivery required by you. Any delivery
time quoted is an estimate only.
(iv) The quotations, prior to receipt of acceptance, subject to alteration or withdrawal at any time by us in writing and unless otherwise advised by us in writing, the quotation shall be valid for thirty(30) days from the date thereof.
(v) All prices quoted are based on the quantity referred to and should there be any variation in the total quantity of goods ordered from that in the quotation we reserve the right to amend the price quoted
(vi) Unless otherwise stated the prices quoted include GST or any other government imposts and charges that will be to your account, this applies to goods sold to Australian addresses only.
3. INFORMATION and DRAWINGS- all descriptive specifications, illustrations, drawings, data, dimensions, weights, furnished by us, or otherwise, or otherwise contained in our catalogues, price lists and other advertising matter are approximate only and are intended to be by way of a general description of the goods and shall not form part of the contract unless certified by us in writing, in which case, they shall be subject to recognized tolerances.
4. PACKING- unless stated otherwise in the quotation the price quoted includes packing in accordance with our standard practice. Any other packing requested, or deemed necessary by us, will be charged, for in addition to the quoted price.
5. DELIVERY- any delivery or completion date or times stated are estimates only and we shall not be held liable for any consequences what so ever for any delay to such times. Where applicable delivery will be made in accordance with a written delivery schedule mutually agreed with you at the time of placing the order. Unless amendments to the delivery schedule mutually agreed with you in sufficient time to alter the dispatch programme and such amendments has been agreed by us in writing we reserve the right to deliver according to schedule. If you are unable to accept deliveries to the specified address, you may arrange to pick up goods at Discount Equipment Salesï¿½ nominated address. Goods ordered for pick up must be pre-paid , a deposit pre-paid for items, at list, over $400 (deposit amount to be mutually agreed , usually 20% of the list price) Alternately, you may nominate an alternate delivery address deemed to be secure. All charges relating to storage, insurance, and subsequent delivery to the site will be directed to the tax invoice of the goods delivered, provided the amounts are available at the time. Where prices are quoted F. I. S. delivery is to ground floor in accordance with the nominated carriersï¿½ rules, including any associated paper trails required by said carrier. Under the contract any monies that may be deemed due and payable influence deliveries.
6. PRICES- except in respect of a quotation, all prices payable by you for the goods shall be our prices ruling at the time and date of order and /or dispatch. Forward orders may be effected by price rises beyond our control, unless stated on your order the increase will be added to the invoiced goods.
7. RISK & STORAGE- all risk of or for loss or damage with respect to the goods passes to you on dispatch of the goods to you, your servants, agents, customers, or to any carrier. Goods maybe dispatched by us, or our various supply warehouses. If delivery is delayed for any reason beyond our control for a period of fourteen (14) days after the date on which you a notified that the contract goods or any completed items forming part there of are ready for delivery, the risk of such goods shall forthwith pass to you and we shall be entitled to present invoices to you for payment in accordance with clause 11. We may arrange, at our option, suitable storage of such goods at our premises or elsewhere and all costs or incidental to such storage shall be borne by you. You shall pay, on demand, us all costs of storage, insurance, demurrage, and handling and other charge incidental to such storage.
8. DAMAGE OR LOSS IN TRANSIT-Unless otherwise agreed in writing you shall take delivery of the goods at the address agreed and/or set out in any relevant paper work generated because of your order/contact to purchase from us. The cost of transport to your premises shall be borne by you and we will not be responsible for any loss or damage of the goods after delivery there of, to the carrier provided on your behalf by us. If the transport of goods is our responsibility, we shall replace or at our option repair free of charge, any of the goods lost or damaged in transit. To the contractual point of delivery provided we are given written notice of such loss or damage within three (3) days of delivery or within such shorter time as will enable us to comply with the carriers conditions of carriage affecting loss or damage in transit
9. G S T AND GOVERNMENT IMPOSTS-Any government imposts and charges which may be incurred or become payable in respect of the goods will be to your account and/or the associated Tax invoice and/or Credit Card Merchant Summary deposit. If a government impost or charge for the transaction relating to the goods between you and us claimed against us then we will be entitled to add the amount to your account/invoice /credit card transaction with us and to recover the amount from you on demand. If G.S.T. is imposed or payable in respect of the goods or the supply by us of the goods or the supply by us of the goods under or in connection with this agreement is regarded as a taxable supply then the following applies; (a) you must pay us the amount of GST payable in respect of the goods or for the taxable supply in addition to any amount or consideration otherwise payable for the goods. (b) Provided we deliver/raise a tax invoice for you in respect of the supply of the goods is payable by you to us on demand and at the time of contract/tax invoice/ credit card transaction.
10. TERMS OF PAYMENT-Unless stated otherwise in the quotation/tax invoice/credit card transaction or agreed in writing, all prices quoted are net and payment in full shall be due on and from the date of the transaction document. We reserve the right to deliver and invoice any items or item comprising the whole or part of any order or to proceed in accordance with clause 8 hereof prior to any delivery time estimated by us. Should payment due to us not be received with-in thirty (30) days from the date of transaction documents, then we shall have the right in addition to all other rights to which we are entitled at law to charge interest on the overdue amount at the rate of two point five percent (2.5%) per calendar month, calculated from the date on the transaction document/s, to the date of full and final payment. Payment made by you will be credited firstly against interest accrued. We may at our sole discretion, combine the amount payable to us for the goods with any other account between you and us or otherwise effect any setoff without notice and no agreement to the contrary shall arise by implication only. We reserve the right to nominate an entity to carry out such collections on our behalf.
11. WARRANTY-we will make good, by repair or at our option by the supply of a replacement, defects which, under proper use, appear in supplied goods only within a period of three (3) calendar months after the transaction date and arise solely from faulty workmanship or materials. Our warranty will not apply to any defects that arise by consequence, excessive wear, misuse, neglect, accident or incorrect installation, use outside design parameters including domestic goods used commercially. Except as specifically provided in these conditions of sale and trade; there are no other conditions or warranties expressed or implied provided however that nothing in the conditions shall restrict, exclude or modify any condition or warranty implied by any legislation which both implies conditions or warranties and provides that such conditions or warranties may not be excluded where and to the extent that such legislation is applicable. Warranty, will only be accepted when you have total ownership under these conditions, i.e. when payment for goods is complete. Manufactures warranty may be one or more years and is under the total control of said manufacturer, our warranty only applies to installations and goods modified by us for you, and does not extend to: 1. A subsequent owner of the goods: 2. Other existing equipment that forms part of the assembly of the new equipment.
12. LIABILITY of SUPPLIER-Where the goods or services are not of a kind ordinarily acquired for personal, domestic or household use and consumption then:
( a ) our liability for a breach of a condition or warranty implied by the trade practices act 1974 (other than a condition or warranty implied by section 69) shall be limited to the repair of goods or, at our option, the replacement of the goods or the replacement of equivalent goods OR,
( b ) where the goods have been ordered or obtained by us for you at your request from a nominated third party supplier or by description from another suppliers catalogue then the warranty in clause 12 of these terms and conditions of trade and sale of goods is excluded and provided the goods are returned to us by you , the following will apply;
( i ) we will return the goods to the nominated supplier or source of the goods for credit (which will be passed on to you if and when received by us) or alternatively for repair or replacement ( at our and/or the third party option);
(ii ) we will not be required to return the goods for credit or for repair or replacement if the nominated third party supplier or source of the goods is under external administration, bankruptcy or is no longer carrying on business at the time of the return of goods to us by you; (iii) you accept our obligation to you under sub-paragraph (i) above (subject to sub-paragraph (ii) above) in full satisfaction of your rights against us in respect of the goods.
13. DETERMINATION of CONTRACT-We shall be entitled to immediately determine (decide, settle, resolve) this contract if; (i)You are in breach of the conditions;
(ii) Execution is levied on your property;
(iii) You make any arrangement or composition with your creditors
Or commit any act of bankruptcy or proceedings in bankruptcy are commenced against you or, if you are a company, any resolution or application to wind up is passed or presented against you or a receiver manager or receiver or administrator is appointed; In these terms and conditions of sale ï¿½act of bankruptcyï¿½ shall be deemed to include entering in to a composition and the execution of a Deed of Assignment or Deed of Arrangement.
14. GOODS RETURNED for CREDIT-
a) No claim in relation to goods or shortage length, quantity or weight will be considered unless notified in writing within seven (7) days of transaction.
b) Credit, may be allowed, at our sole discretion but in any event, no goods will be accepted for credit after thirty (30) days from the date of original transaction.
c) Non-standard items or items modified in any way, are not be accepted for credit.
d) We reserve the right to charge a restocking fee on goods returned for credit Our minimum fee is twenty (20) percent of transaction document excluding freight costs which are consumables and not redeemable.
e) In all cases, the original invoice or delivery docket must be quoted, and you must prepay return freight.
f) Goods returned for credit shall be accompanied by the original transaction documents and must be in original packing and in a completely resale-able condition, that is, presentation of the goods, as they were before your purchase.
g) We reserve the right to impose special conditions on the return of pool liners, valves, goods containing water, chemicals, sand and cartridge filters, cable, any goods that have been installed or endeavored to be installed.
15. (A) The property in the goods of the transaction document shall not pass to you until the whole of the purchase monies for the goods has been paid in full to us and the property in the goods shall remain solely with us until such payment is made.
(B) Cheques tendered in payment of a purchase, must be cleared, with the amount credited to our account, before goods are
Delivered, picked up or consigned to a carrier.
(C) Until payment in full for the goods and have all sums due and owing by you to us on any transaction document
a) The goods you hold are held as trustee for us
b) You are authorized to sell the goods in the normal course of business and/or the item into which our goods may be incorporated.
c) You may not mortgage or pledge the goods to any other legal entity.
d) The goods shall be at your risk in all respects.
e) You shall store the goods separately from your own and ensure that they are clearly identified as our property.
(D) In the event of default in your obligations under these terms and conditions of sale or if any event occurs by which we shall be entitled to determine this contract, then without prejudice to any rights which we may have at law or hereunder:
a) We or our agents may without notice to you, enter your premises, by force if necessary, for the purpose of recovering our goods;
b) We may recover and resell the goods and apply the proceeds in reduction of any indebtedness you may owe to us;
c) If the goods cannot be distinguished from similar goods which you have or claim to have title to, we may in our absolute discretion take all goods matching the description of the goods and hold same for a reasonable period of time. When the respective claims to the goods are determined, we shall promptly return to you any goods that are your property and you acknowledge that. Provided we have taken or shall take reasonable care in the seizure and storage of such goods we shall be in no way liable or responsible for any loss or damage to any goods or for any loss or damage to your business howsoever arising from our taking of any goods;
d) If the goods are used in the manufacture of other goods or are mixed or are affixed to other goods or products or become constituent of other goods or products we will be given possession of and have a lien over such other goods and products as security for full payment of the goods by you. To facilitate possession hereunder such goods or products may be taken and the same rights and liabilities apply as if they were the goods under the preceding clauses i)- iii) hereof.
e) We shall have a right to any claim or claims you may have against third parties emanating from the sale of the goods or other goods or products into which the goods may have become incorporated; in the event of sales of the goods by you we shall have the right to trace the proceeds.
RJ & MA Goldsteen
35 Davies St., Kincumber
N.S.W. AUSTRALIA 2260