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1. Scope
1.1 The terms and conditions
of sale apply to all contracts
of sale entered into by Vanbar
Pty Ltd (“the Company”) unless
amended in writing and signed by
a duly authorized officer of the
Company.
1.2 By the acceptance of
deliveries made in accordance
with any purchase order placed
upon the Company, the Purchaser
accepts the terms and conditions
contained herein displayed on
the premises from time to time
and contained within any other
agreements made between the
Company and the Purchaser.
1.3 The Company’s failure to
object to any terms and
conditions established in any
communication from the Purchaser
shall not be deemed to be a
waiver of these terms and
conditions.
2. Payment Terms
2.1 Unless a credit agreement
has been previously arranged
with the Company, payment for
goods is made upon collection.
2.2 Unless previously
arranged with the Company,
payments made by cheque or
credit card will require
authorization and/or
identification before the
purchaser may collect the goods.
The Company shall not be liable
for any costs or damages as
consequence to delays while
processing payments.
2.3 For active credit
accounts all invoices and
additional costs are due and
payable within 25 days of the
end of the month after the
invoice was processed. For due
dates refer to the financial
Calendar of the Company. Time
shall be of the essence with
respect to the obligation to
pay. Failure by the Purchaser to
pay any invoice or charge when
due will relieve the Company of
any further obligation with
respect to future deliveries of
goods.
2.4 Payment by cheque may
require a period of up to seven
days before funds are cleared
and goods can be released. This
is the same for Bank cheques and
company cheques.
2.5 Payment by direct debit,
credit card either directly, by
phone or on the Internet are all
subject to confirmation of
clearance of funds into the
Company’s account prior to goods
being shipped.
2.6 A credit card and goods
handling surcharge of 2%
(updates October 2008) is
applicable on special, COD or
clearance item prices.
2.7 Customers with active
credit accounts will incur a 2%
credit (account fee) on Special,
COD or clearance item prices.
Payments of invoices containing
these items, received within 14
days of invoice will have this
charge deducted.
3. Acceptance Of
Goods
3.1
The Purchaser shall
accept or reject goods included
in each consignment at the time
of sale where goods are
collected by the purchaser from
a Vanbar store or where goods
are being delivered to the
purchaser within 7 days from the
date of the corresponding
invoice. If the Purchaser fails
to notify the Company in writing
of its rejection, and the
reasons therefore within such
time period, the Purchaser will
be deemed to have accepted such
consignment. Non acceptance of
goods must comply with the
current consumer protection
legislations.
4. Price
4.1 The prices stated on
product and price lists are
subject to change without
notice. The Company will
endeavor to provide as much
advance notice as possible of
forthcoming price changes. Where
the prices quoted are at
individual rates, the price
changed will be at the rate
operative at the time the goods
are delivered. All prices shown
in the current price list
including professional prices
are recommended prices only.
There are no obligations,
expressed or implied to comply
with these recommendations.
4.2 Prices on written
quotations are effective for a
period of 14 days however in the
event of major currency
fluctuations or unforeseen
increases from local supplier’s
prices may be altered. Variances
in prices will be advised as
soon as possible or before goods
can be supplied.
4.3 Prices quoted, or within
price lists, web pages or other
media on NON- stocked items are
“anticipated prices only” and
are all subject to confirmation
and variation.
5. Freight and
Delivery
5.1
Any times quoted for
delivery of goods are estimates
only.
5.2 The
Purchaser shall not be relieved
of any obligation to accept or
pay for goods by reason of any
delay in consignment of
any part of an order. The
purchaser may be exempted from
this condition if the Company
receives a purchase cancellation
in writing before dispatch of
the goods for delivery.
5.3
In the event of any
happening beyond the Company’s
reasonable control in
consequence of which the Company
cannot effect consignment by the
time or times quoted or
specified, the Company shall be
entitled to consign part only of
an order, suspend consignment or
extend the time for consignment
for the period during which such
cause of delay operates or may
cancel the order, and in the
event of such suspension,
extension or cancellation, the
Company shall not be liable for
any costs or damages whatsoever.
5.4 All orders of less than
advertised minimum net value for
account customers or as
specified by the company from
time to time will be subject to
a handling fee as specified by
the Company from time to time.
No handling fee applies to
back-orders.
5.5 Freight is payable on all
orders to account customers
where the cost of the freight is
in excess of the prevailing
minimum or standard freight
charged to the company. This
would occur for insured,
overweight and/or oversize
packages.
5.6 Non-account customers
will be subject to freight at
the company’s cost plus a
packing and handling fee applicable.
6. Warranty
6.1 The
company does not warranty or
claim to cover goods not
imported or exclusively
distributed by the
Company.
6.2 The manufacturers
standard warranty will apply and
the warranty card and/or the
invoice must accompany the goods
for repair otherwise the normal
surcharge will apply. The faulty
goods must be returned to the
manufacturer or importer to
claim repair under the warranty
agreement. The Company may
offer, as a service to the
purchaser to arrange for the
transportation of the faulty
goods to the manufacturer for
repair. The Company will not
accept charges for freight or
insurance or forward
charges.
6.3 Return of goods for
replacement will not be
permitted without prior written
approval of a duly authorized
officer of the Company and the
issuing of an official RA number
and sticker where required. Only
faulty product will be replaced,
not the carton, packaging,
accessories or other items not
being the faulty product.
Warranty replacement ,repair or
rejection of claims of any goods
will be at the discretion of the
authorized service agent.
6.4
All warranties whether
expressed or implied under
common law or by statute, which
would but for this clause apply
to the supply of the goods and
which are permitted by law to be
excluded are hereby expressly
excluded. The purchaser further
acknowledges that no promise,
representation or undertaking
has been made by the Company
other than as contained in this
warranty.
6.5 The Company shall not be
liable for any injury loss or
damage sustained by the
Purchaser howsoever arising
provided always that nothing
herein shall effect the right of
the Purchaser who has acquired
the goods as a “customer” within
the meaning of the Trade
Practices Act 1974 or any other
law, and provided further that
where the goods are not of the
kind ordinarily acquired for
personal, domestic or household
use or consumption then
Purchaser’s liability for a
breach of a condition of
warranty implied by said Act
(other that by Section 69
thereof) shall be limited to the
repair of the goods or at the
Company’s option, the
replacement of the goods or the
supply of equivalent goods.
7. Returns and
Shortages
7.1 Returns for any reason
must comply with all the
following conditions.
(a) Written authorization from
the Company.
(b) Goods are in original
saleable condition
(c) Accompanied by the delivery
docket or invoice, showing the
appropriate reference numbers
and the date of purchase.
7.2
Unless the application
and authorization is completed
within 7 days from the date
shown on the appropriate
invoice.
7.3 Goods, which the Company
has approved for return, will be
subject to a re-handling charge
of 20% of the invoice
value
7.4 EXCLUDES. Perishable or
products of a sensitized nature.
This includes all
photographically sensitized
emulsion, film, photographic
paper, globes and batteries
8 Film
and digital printing & Processing
Laboratory
8.1 The Company will supply
the Purchaser of service with an
invoice or a collection
docket for all film
submitted for processing.
This must be returned to
collect the processed goods. The
Company reserves the right to
refuse the return of goods to
any person unable to produce the
original invoice or collection
docket. The Company shall not be
liable for any costs or damages
whatsoever as consequence to
delays caused by goods withheld.
8.2 With the submission of
goods to be processed, in
accordance with any purchase
order placed upon the Company
the Purchaser agrees to the
terms and conditions contained
herein, displayed on the
premises, described on the
related invoices or collection
dockets and contained within any
other agreements made between
the Company and the Purchaser.
8.3 Goods received by the
Company will be handled with the
utmost care. No responsibility
or liability will be incurred by
the company whatsoever in the
event of damage or loss.
8.4 In the event of any
happening beyond the Company’s
reasonable control in
consequence of which the Company
cannot have an effect on the
outcome, the Company shall not
be liable for any costs or
damages whatsoever. |