D.A. Designa Accessories PTY. LTD.T/ As: Designa Accessories will hereby be referred to as “The Company”
All goods and services purchased from the company and any of its divisions are genuine and sold subject to the following terms and conditions of sale and these terms and conditions of sale shall prevail notwithstanding any other document, or anything else except written agreement signed jointly by the Customer and the Company, except only for such times as implied by or under any law and which cannot be excluded.
1. Price & Goods and Services Tax (“GST”)
- Prices may be altered without notice and all goods may be charged at the price ruling at the time of order. GST and/or any other Government imposts whatsoever applicable to the supply and/or services may be payable by the Customer.
2. Payment & Charges
- Payment for goods purchased from the company shall be made on or before delivery or in the case of Customers who have an account with the company within the trading terms agreed.
- The Customer shall not be entitled to retain any money owing to the Company notwithstanding any default or alleged default by the company including the supply of defective or allegedly defective goods or delay or alleged delay in supply unless otherwise agreed.
- If payment is not made on time, the company may charge the customer interest of 15% and or a $50.00 administration fee per month whilst the account remains overdue.
- The customer will pay to the company without deduction or set-off all money owing to the company.
- The company shall be entitled at any time to set-off any amounts of money then or contingently owed to the company by the Customer against any debt the company owes to the Customer.
If the Customer defaults in any payment, or if in the opinion of the company, the customer is unlikely to be able to meet its liability as it falls due then the company may at its discretion:
- Require payment forthwith of all amounts owing by the Customer to the company, whether or not such amounts are then due for payment including without limitation to, all interest, administration and collection charges and all legal costs with any payment by the customer shall be first applied to such charges and costs;
- Charge full list price for goods supplied without allowing the discount for future and held orders.
- Terminate any contract or contracts in relation to goods which have not been delivered.
- Repossess any goods delivered to the customer, payment for which has not been received.
4. Reservation of Title
- Property in any goods supplied by the company shall remain the sole and absolute property of the company as legal and equitable owner until the full purchase price of all goods supplied is received by the company from the Customer.
- Risk in the goods shall pass to the Customer once the customer or its agent has taken possession of the goods.
- The Customer acknowledges that until payment in full to the company for all goods supplied to the customer by the company, the customer shall hold the goods as bailer for the company and that the customer has a fiduciary duty to the company.
- The customer irrevocably authorizes the company to repossess any goods supplied by the company to the Customer, without any notice if the Customer fails to make payment when it falls due, or if in the opinion of the company a future payment for goods already supplied may be in doubt.
- When the company retakes possession of goods pursuant to its rights under the terms and conditions of trade, and the goods are used or deemed “second hand”, the company may only credit the recoverable value of these goods to the customer’s outstanding debt and not the initial purchase value.
- Any monies received by the customer for payment in part or in full for the goods supplied by the company to the customer shall be held by the Customer in trust on behalf of the company until such time as the goods are fully paid for.
- The Customer will prior to attaching any goods onto any building notify the owner of the building that such goods are subject to this reservation of title clause, except only as provided by law.
- The customer authorizes the company to enter the customer’s premise in order to seize and remove the goods. The customer releases and indemnifies the company and its servants or agents from all claims for loss or damage caused by the company or its servants or agents in enforcing or attempting to enforce its rights to repossess the goods.
- The customer hereby charges in favour of the company as security for the Customer’s obligations to the company, all right title and interest in any property (land and buildings) held now by the Customer alone or jointly with anyone or acquired by the Customer at any time hereafter. If the Customer defaults in payment of any amount owed to the company, the customer specifically authorizes the Company to lodge a caveat against any dealings with any such property and appoints the company to be the Customer’s Attorney for this purpose.
- Should there be any discrepancy between the order by telephone as recorded and processed by the company and later confirmation in writing by the Customer, the company’s record of telephone order shall prevail.
- The customer agrees to pay for all orders placed and all debts incurred irrespective of the credit limit.
- The company may in its absolute discretion refuse to supply goods where, goods are unavailable, credit limits are exceeded, or the trading account is outside of trading terms.
- The company reserves the right to charge a min order surcharge which may change from time to time without notification to the customer.
- The company reserves the right to charge a 20% restocking fee if it agrees to accept over ordered or incorrectly ordered goods.
Once an order has been accepted by the company, the customer can only cancel, vary or suspend the order (whether in whole or in part) upon the following conditions:
- No cancellation, variation or suspension will be effective or recognized unless, and only to the extent, that the company agrees in writing to such cancellation, variation or suspension.
- The Customer agrees to accept delivery of any goods held by and all goods in transit to the company in respect of such orders which are non-returnable to the supplier or may not be saleable to other parties.
- The Customer agrees to pay all costs, expenses and liabilities incurred by the company in consequence of the cancellation, variation or suspension of the order and accept consequential delay this may include but not limited to a 20% restocking fee.
- Approval from the National Sales Manager or Sales Representative.
8. Limitation of Liability
- The company may compute an estimate of dimensions and quantities of goods based on plans or other information given by or on behalf of the Customer. The company does not accept any liability as to the correctness of the computation of any such estimate and the estimate is provided to the Customer as indicative only, the company is not responsible for any mistakes in the estimate. The Customer undertakes to check any such estimate and in any event accepts full responsibility for the dimensions and quantities of goods ordered as independently computed by the Customer without relying on the estimate.
- The Customer warrants to the company that it will not rely on representations made and/or advice given by the company or its employees in connection with the design, dimensions, installation or use of goods sold and agrees that the company shall not be liable for the consequences of any mistakes in such representation or advise whether, given innocently, deliberately and/or negligently.
- The customer warrants that there are no implied warranties, contracts or conditions herein (Except those in writing and signed by an authorised representative of the company).
- It is a condition of trade that any description of specification given by the company or in printed literature of the company is for general indicative purposes only and does not render the company responsible howsoever and whatsoever except to the extent that the goods shall comply with the standards set out in such descriptions or specifications and that such description or specification shall not be taken as implying or giving any undertaking as to the fitness for any particular purpose.
- If the goods are required for a particular purpose, the Customer must clearly specify that purpose in writing in the order placed with the company and obtain written assurance from the company that the goods when supplied will meet that requirement. If the Customer does not specify the particular purpose and the company does not expressly undertake in writing that the goods will be fit for the specific purpose, then the Customer agrees that it did not reply on the skill or judgment of the company in relation to the suitability of the goods for a particular purpose.
- The Company shall not be liable for any direct or indirect, special or consequential damage or costs, harm or injury suffered, or incurred by the purchaser or any third party and shall not be liable to make good any expenditure, damages or any loss arising out of the use or dealing with any goods or services supplied by the company.
- The company shall not be liable for the delay in delivery of the goods or delivery of part(s) of the goods in installment due to any cause whatsoever. The customer shall not be relieved from any obligation to accept or pay for goods by reason of any delay in or the installment delivery of the goods.
Not withstanding anything to the contrary in these terms, in no event shall the company be responsible for any loss of profits, penalties, disruption, expenditure and/or damages incurred and/or sustained by the Customer due directly or indirectly because of any delay in or the installment of the goods.
- Any complaint by the customer for failure to deliver, delayed delivery, supply of incorrect and/or faulty goods must be made in writing by fax or email to the company, within 5 working days from date of delivery. If the Customer desires to make any claim whatsoever against the company in respect of any such failure and/or occurrences, the Customer must notify Designa Accessories of such claim and its particulars in writing within 5 working days from date of delivery. The Customer waives, forgoes, abandons and forgives forever any claim whatsoever against the company unless it has strictly complied with the preceding notification requirements for the complaint and the claim.
- If the goods delivered by the company to the Customer are in a damaged state, the customer within 5 working days from delivery, must request the company in writing for replacement of the damaged goods and the customer must at the time of the delivery, specify in the delivery docket to be given to the deliverer that the goods are damaged and describe in the delivery docket the nature and extent of the damage. Goods delivered to the company remain at the purchaser’s risk.
- Any claim, whatsoever against the company arising in contract or otherwise howsoever and whether directly or indirectly from the sale and delivery of goods including without limitation for failure to deliver, delayed, short delivery, supply of incorrect goods and/or faulty goods shall be limited subject to the Trade Practices Act to a liability to pay the purchaser an amount equal to the original cost or having the goods repaired, whichever is the lower amount.
- The Customer will indemnify the company for any claims whatsoever and howsoever made by a third party against the company for any default of the company in relation to or directly or indirectly arising from any contract and/or arrangement made between the company and the Customer.
- Unless agreed otherwise in writing prior to delivery, unloading of goods shall be the Customer’s responsibility and the company will not be responsible for any damage resulting from the unloading of the goods by the Customer or by anyone on its behalf, or by the company’s employee or agent.
- The Customer indemnifies the company for any claim whatsoever resulting from the customer, its employee or agent loading goods supplied by the company on any vehicle or unloading goods supplied by the company from any vehicle.
- Where goods are delivered to a particular site the goods will be entirely at the customer’s risk when delivered whether the customer be or not be in attendance.
- A quantity, description, date, time and place of delivery as shown on the company’s invoice or delivery docket shall be conclusive evidence of quantity, description, date, time and place of delivery of such goods.
- If the site is unattended goods may be unloaded on the site or if the site is not accessible as close to the site as is practicable and the delivery docket/manifest signed by the cartage contractor or the driver of the company that the goods were delivered accordingly shall be conclusive evidence of due delivery of the goods.
- The company if requested to enter a property accepts no responsibility for any damage caused by the company or its agent.
- A standard delivery charge as published by the company from time to time in its price list may apply.
- Where trucks are held on a site for more than 1 hour additional costs may apply.
- At the discretion of the company, deferred delivery of goods purchased for the customer may incur storage charge of the greater of $25.00 or 1% of the saleable value of the goods per week or part thereof.