Terms and Conditions
TERMS AND CONDITIONS OF SALE OF EYE TOWER PTY LTD. PRODUCTS
ABN: 55 169 591 360
1. EFFECT: The terms prevail over any terms put out by the Customer unless Eye Tower Pty Ltd (“EyeTower”) agrees otherwise in writing.
2.1 All goods are sold at Eye Towers current list price at the time of dispatch or when collected from Eye Towers premises. Prices are subject to alteration without notice
2.2 Prices stated are ex-store and include packaging to normal industry standards.
2.3 Prices stated are exclusive of GST and other government charges unless otherwise stated. Eye Tower will require payment of these charges before dispatch.
3. AVAILABILITY OF STOCK
3.1 Product lines are subject to alteration or withdrawal without notice.
3.2 Eye Tower does not warrant the availability of goods.
4. REJECTION AND CANCELLATION OF ORDERS
4.1 Eye Tower may reject any orders by notice in writing to the customer within 2 days or receipt of the Customers order.
4.2 Cancellation of orders by the Customer shall not be made at any time without the written consent of Eye Tower.
5.1 Except for goods agreed to be supplied ex works, or by the Customers nominated carrier, Eye Tower shall use its best endeavors to deliver or arrange for the delivery of the goods at the Customer’s premises (or other agreed destination) and at the agreed time for the delivery, but no liability shall attach to Eye Tower if the goods are not delivered at that time. Eye Tower shall notify the Customer as soon as practicable of any delays or likely delays in delivery.
5.2 The Customer shall bear all proper costs including freight and insurance in respect of the delivery to or at the direction of the Customer. The method of delivery shall be specified by the Customer, but if not specified, such delivery shall be at the discretion of Eye Tower provided that all carriers engaged to deliver the goods (other than Eye Towers own carriers) shall be the agents only to the customer.
6. TERMS OF PAYMENT
6.1 The Customer shall pay a deposit of no less than 20% of the total order at the time of placement of the order, with the balance being due on dispatch of goods.
6.2 Eye Tower reserves the right to grant terms to approve Customers upon such terms and conditions in its absolute discretion.
6.3 Should the Customer delay or default in respect of any payment due Eye Tower shall have the right to charge interest on all sums owed for payment to the supplier at the rate of 15% per annum.
6.4 all costs, including but not limited to transportation costs, storage costs and costs of resale incurred by the seller as a result of it exercising any of its rights hereunder in the event of default by the customer, shall be borne by the customer.
7.1 No claims for shortage or damage shall be considered by Eye Tower unless received in writing by Eye Tower and also notified in writing to the carrier known by the Customer to be concerned within 14 days of the delivery. No claim for non-delivery shall be considered unless received by Eye Tower within fourteen (14) days of invoice date.
8. RETURN OF GOODS
8.1 Goods may only be returned with Eye Towers written consent prior to dispatch and Eye Tower shall not be responsible for any loss or damage to goods arising out of any refusal by Eye Tower to accept return of goods when such authorization has not been given.
8.2 Return will only be credited where the goods are received in good order and condition.
8.3 The customer shall pay return freight and all incidental expenses for returns regardless for the reason for the return.
9.1 Subject to this term, Eye Tower warrants to the customer that the goods will, under proper use. Be free from defect due solely to faulty workmanship and materials for a period of twelve (12) months from the date of delivery to the customer to the extent that upon return to Eye Tower (freight prepaid) during that period of any goods or parts of the goods covered by this warranty Eye Tower shall. If such goods or parts are found by Eye Tower to be so defective at Eye Towers opinion. Give a credit or supply a replacement for such goods or parts.
9.2 The warranty will not apply if the failure of the product is accountable to:
a) Use of the product other than for its intended purpose outside of its technical capabilities or other than as contained in the recommended operating conditions.
b) Incorrect installation.
c) Damage incurred to the product due to incorrect storage or handling.
d) If the equipment has been subject to any modification or unapproved repairs.
e) Warranty is void if product is on sold to another party.
9.3 In the case of goods not manufactured by Eye Tower the manufacturers Conditions of Sale will apply to these goods and Eye Tower will not be subject to any liability whatsoever.
9.4 Except as required by mandatory operation of the law (or as otherwise now expressly provided) all conditions of warranties in respect of goods, express or implied, statutory or otherwise. (Including without limitation any warranties as to fitness for any particular purposes) are hereby excluded. Under no circumstances is Eye Tower liable to pay compensation for any injury loss or damage sustained by the Customer or user of the goods however arising. In all cases Eye Towers liability is confined to crediting, repairing or replacing goods free of charge.
Title of the goods shall not pass until the Customer pays all monies owing to Eye Tower in respect to the goods. Until full payment is made by the Customer for the goods UPON TRUST for Eye Tower absolutely and shall store the goods in such a way that they can be separately identified from other products. Eye Tower is entitled to enter the premises of the Customer to take possession of the goods in respect of which payment is overdue.
Risk shall pass to the Customer
11.1 In respect of goods supplied ex-works, the time of supply
11.2 In respect of goods delivered to the Customer by Eye Towers own carriers, at time of delivery to the Customer.
11.3 At all other cases, at the time of delivery to the Customer.
12. INSURANCE Eye Tower will insure the goods in transit on Eye Towers own carriers up to the time of delivery to the customer.
12.1 No insurance coverage is provided after the goods have been delivered to the Customers nominated carrier or for goods supplied ex works.
13. FORCE MAJEURE Eye Tower is not under any liability in respect of delay in delivery arising from any cause outside Eye Towers control including without limitation industrial disputes and any claim extension for such delay.
14. VARIATION IN TERMS
14.1 Eye Tower may vary these terms and conditions of sale without notice provided that no variation shall bind Eye Tower unless made by Eye Tower or consented to in writing by Eye Tower.
14.2 No agent or contractor (including any distributor) of Eye Tower has any authority to alter these terms and conditions.