TERMS AND CONDITIONS OF SALE
- Application– These terms and conditions apply if a customer has purchased goods from Smartcool Pty. Ltd. The Customer hereby acknowledges receipt of these terms and conditions and is deemed to be bound by them.
2. Order Acceptance– No order shall be binding on Smartcool until accepted by Smartcool. An individual contract for the supply of products, on these terms and conditions, is formed on acceptance by Smartcool of an order from the customer. Smartcool reserves the right to accept any order in whole or in part. No order may be cancelled or varied after acceptance by Smartcool, and any deposit paid is non-refundable.
3. Payment– Invoice payment is due at the time of supply of the goods sold. For customers who have an approved account facility with Smartcool, invoices are due and payable within 30 days of the end of the month to which the invoices relates. Smartcool reserves the right to require payment in full before shipment of goods for new buyer accounts, accounts in arrears and for credit rating purposes (Pre Pay Orders). Any violation of this policy will incur a 12.5% increase to the invoice balance. In the case of custom Refrigeration Display Cabinets, a deposit is required when placing orders. Goods will not be supplied to a buyer with an overdue account until the overdue account is paid in full. Smartcool reserves the right to charge interest at a rate not exceeding the then current prime interest rate on any overdue accounts and overdue account fees. Payment must be made in Australian dollars. Payments made by credit card will incur a surcharge of 3% of the invoice value of the goods sold.
4. Price– The price given by Smartcool may be varied by Smartcool at any time prior to delivery to take into account increased costs to Smartcool. All prices listed in the wholesale pricelist are subject to GST and change without notice to the buyer. The customer agrees to pay Smartcool Pty. Ltd. For the goods at the price shown overleaf (the ‘price’): The place of payment is Molong, New South Wales 2866. The Customer unconditionally acknowledges and agrees to be responsible for any debit incurred by this invoice.
5. Title and Risk – All goods are supplied subject to retention of title. Property and ownership of the Goods will not pass to the Buyer but will remain with Smartcool Pty. Ltd. Until payment of the purchase price of the Goods and or all other amounts owing by the Buyer to Smartcool Pty. Ltd.
6. Notification of Defects – Any defect in the goods and/or the installation of goods must be notified to Smartcool Pty. Ltd. Within 14 days from the date of installation. In the event that this time limit is not adhered to, Smartcool will have no obligation or liability to the customer in relation to such defects. The customer must notify Smartcool in writing at the earliest possible time of any faults or damages to the product or the installation of the goods and the customer shall pay all monies in accordance with Smartcool Standard Terms and Conditions.
7. Measurements – Where products are specifically manufactured to suit the exact opening size of the relevant aperture, the customer warrants that the measurements which have been supplied to Smartcool and/or confirmed are true and correct and Smartcool will not be liable for any errors, misdescriptions or mistakes in such measurements.
8. Recovery of Cost and Expenses – In the event that default is made in payment for the goods or the Smartcool’s terms and conditions are not complied with by the customer, the customer will pay Smartcool all of its expenses incurred in attempting to recover overdue amounts, including any costs of debt collection, legal costs of solicitors or an indemnity basis, court fees and all other costs, expenses and disbursements. 9. Delivery – Unless otherwise stated, delivery shall be to the Customer’s address stated on their order. Smartcool reserves the right to charge for delivery of the goods at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. If the delivery site is unattended by the customer, the delivery docket/manifest signed by the cartage contractor or Smartcool’s driver as applicable shall be conclusive evidence of due delivery of the goods.
10. Claims and Warranty – Responsibility for short deliveries will only be accepted if the consignment/delivery note is marked accordingly and Smartcool’s head office is notified immediately. Claims for breakages must be made within 5 days of receipt of the goods. The item code and invoice number must be quoted on all items. Smartcool warrants its product(s) against defects in materials and workmanship (parts and labour, excluding travel) for a period of 12 months from the date of original purchase and parts only for the second year. This Warranty is valid only in Australia and is voided if the products have been modified, or the serial number has been removed or defaced. Only Smartcool’s Authorised service centres/personnel are permitted to repair Smartcools products under this warranty. If any unit is relocated, all warranty is void unless the unit is re-commissioned in the new position by one of our licensed refrigeration technicians. Warranty can only be provided in normal business hours (8.00am - 5.00pm weekdays and not public holidays) If an emergency a technician is required to be called to site after hours costs involved will not be covered.
11. Obligations of the Customer – The customer warrants that the specifications supplied in relation to the supply and/or manufacture of goods are true and correct and Smartcool will not accept liability for any errors in such specifications or deviations from specifications to the actual size to which the product should have been manufactured. Smartcool accepts no liability for goods damaged where such damage is caused by the use or misuse, accident or handling of the goods other than in accordance with the warranty. Any damages or delays due to incorrect specifications will not be the responsibility of Smartcool. Smartcool is not liable to special or consequential damages. Smartcool is not liable for any loss or damage caused to either the goods sold to the customer or the property of the customer caused by any power surges or any consequential damage to any electrical equipment of the customer, including all refrigeration faults.
12. Cancellation and Return – Smartcool will not accept return of goods for Credit or exchange unless previously agreed on. In some cases a 10% restocking fee shall apply.
13. Contract-All contracts are subject to the laws of VIC and the parties both submit to the exclusive jurisdiction of the Courts of VIC.
14. Privacy Act – For Privacy Act Purposes, the customer hereby authorizes Smartcool to run credit checks and make all applications and do all necessary things to obtain credit references in relation to the customer.
15. Contract – These terms and conditions are absolutely binding on the customer and take precedence over any other discussions, dealings or arrangements of any nature whatsoever (whether verbal or written) between the customer and Smartcool.
