GENERAL
All orders for products will be accepted
by Durst Industries (Aust.) Pty Ltd ABN 81 630 699 857
(“Durst”) subject to these terms and conditions. Any person, entity or
corporation placing orders for goods/products with Durst (“Customer”) is
bound by these terms and conditions. No other terms or conditions will
apply to the supply of products by Durst unless they are accepted in
writing by Durst.
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PRICES
Whilst Durst will try to maintain prices
specified in the website, Durst reserves the right to change the price
of any product without notice. Non-website items will be sold at the
prices set out in the relevant quotations supplied by Durst. Any prices
quoted in writing by Durst will be for a period of 14 days from the date
of the offer. All prices specified by Durst in the website include goods
and services tax (GST).
PAYMENT
For approved account Customers payment is
due no later than 30 days from the end of the month in which the
products were invoiced, without any deductions whatsoever. Otherwise
payment by cash, credit card, subject to authorisation, or direct
deposit is required with order prior to delivery. Any subsequent refund
of orders paid for by credit card will be made to the relevant credit
card account. Cheques and postal orders must be made out Durst
Industries Pty Ltd and crossed. If the Customer fails to make
payment by the due date then, without prejudice to any other right or
remedy, Durst will be entitled to cancel any unfilled order or suspend
any further deliveries until the account is in order, withdraw credit
facilities or adjust the Customer’s credit limit and interest at the
rate of 18% per annum payable daily will be charged to all outstanding
invoices not paid within terms. If legal action is taken to recover
monies due to Durst, the full balance on the account becomes due and
payable and Durst reserves the right to charge the Customer all fees
incurred in such proceedings.
PRODUCT AND AVAILABILITY
Durst is constantly
reviewing its product range. New products are added and Durst reserves
the right to discontinue any product or to change its design at any
time. Durst will not be liable in any circumstances for a failure to
supply any product ordered by the Customer.
ORDERS
Durst reserves the right to decline to
trade with any company or person without giving reasons for doing so. To
avoid duplication, written confirmation of telephone orders must be
clearly marked “Confirmation only”. Durst will not accept liability for
orders not so marked and duplicate orders will be charged accordingly.
Durst will use reasonable endeavours to meet delivery estimates but in
no circumstances shall it be liable to compensate the Customer for
non-delivery or late delivery.
MINIMUM ORDER VALUE
Durst has a minimum order
value of $50.
ORDER AMENDMENT, SUSPENSION AND CANCELLATION
Orders can only be modified, suspended or cancelled after prior
negotiation and agreement and the Customer must indemnify Durst in
respect of any expenses incurred by Durst relating to the modification
or cancellation of any order. A restocking fee of 20% will apply.
BACKORDERS – ACCOUNT CUSTOMERS ONLY
Products not
in stock at the time of receipt of the order by Durst, will
automatically be placed on backorder, unless otherwise requested.
EXPORT ORDERS
Customers are responsible at their
expense for obtaining any licence and complying with any export
regulations in force within this country and the country for which
products are destined. Payment of overseas export orders is via
Telegraphic Transfer prior to good being despatched. (bank fees may
apply in addition to order value and freight).
DELIVERY
In order to keep freight cost as low as
possible, Durst has negotiated low freight rates. Durst reserves the
right to charge the freight cost to the Customer unless other
arrangements have been pre-arranged. Durst uses these preferred carriers
unless specifically requested by the Customer. If the Customer requests
a specific carrier, we cannot guarantee access to the despatch dock
without prior notice. All freight costs for specific carriers cannot be
prepaid; they must be “Freight Collect”. For “Freight Collect”,
insurance responsibility for the products passes to the Customer once
product has been passed to their carrier.
Insurance on freight is
optional and endorsed by Durst to cover the possibility of goods damaged
in transit. Durst does not accept responsibility or offer replacement of
damaged goods free of charge under any circumstances. Goods damaged in
transit are not covered by Warranty.
SHORT DELIVERIES
All claims for short deliveries must be received by Durst office within
5 Days from receipt of goods. No claims for short delivery can be
recognised after this time.
INSPECTION, DEFECTS AND NON-DELIVERY
The Customer
must inspect the products as soon as is reasonably possible after
delivery and Durst shall not be liable for any defect in the products or
shortages in delivery unless written notice is given to Durst within 14
days of delivery. In the case of non-delivery, the Customer must notify
Durst immediately the invoice is received, otherwise no liability can be
accepted. Any liability of Durst for non-delivery or defective products
shall be limited to, at Durst’ discretion, replacing or repairing the
products within a reasonable time or to refund any monies already paid
in respect to the products. The Customer accepts liability for all
freight costs incurred in the return of products including warranty
repair or replacement of faulty goods without exception.
RETURNS
The Customer must telephone the sales
office prior to returning any products. A Return Authority Number ( RAN)
will be issued in approved cases and details including the original
invoice number and date of purchase must be supplied by the Customer.
Any product returned must be received by Durst within 14 days of the
original delivery and must be undamaged and unaltered and in original
packaging. Claims over 14 days cannot be recognised. Certain products
(including software and books) are excluded from the right of return and
may not be returned under any circumstances. Approved returns will be
repaired or replaced only. The Customer accepts liability for all
freight costs incurred in the return of products including warranty
repair or replacement of faulty goods without exception and a restocking
fee of 20% applies.
RETENTION OF TITLE
Title of goods shall only pass
to the buyer following full payment of the relevant Durst invoice. Durst
reserves the right to reclaim these goods from the Customer’s premises
if the invoice is not paid within the terms of this contract and the
Customer hereby gives consent for the authorised agent or representative
of Durst to enter the Customer’s premises for this purpose. The Customer
shall not have any power to mortgage, charge or encumber the goods
whilst in its possession or otherwise until payment in full has been
made.
WARRANTY
Durst will endeavour to transfer to the
Customer the benefits of any warranty or guarantee given to it by other
manufacturers of products. Any defects which under proper use, appear in
the goods within a period of three months ( unless otherwise stated by
Durst) and which are due to faulty materials, workmanship or design will
be made good by Durst either by repair or at Durst’ discretion
replacement ( which is Durst’ sole obligation and the Customer’s sole
remedy under this provision). Durst shall not be liable for defective
goods if the defect arises because the Customer has:
- Repaired or altered the goods without written consent of
Durst’ authorised officers or
- Subjected the goods to conditions outside the manufacturer’s
stated instructions on storage, usage, installation, use or
maintenance.
Any goods replaced or repaired under this clause will be guaranteed
on these terms for any unexpired portion of the warranty period given on
the original products.
REPAIRS NOT UNDER WARRANTY
Prepayment quote fess apply. Products deemed NOT to be under warranty
will be accepted only on the basis of an estimation of a cost quotation
is accepted of $75.00 before repairs are commenced. Durst will contact
the customer after completing the estimated cost of repair with the
quotation. Once agreement on the quotation is accepted and an official
order is received, an invoice will be forwarded to the customer. When
payment is received, the repairs will then be carried out.
LIABILITY
Durst shall not be liable to the
Customer for any indirect or consequential damages, loss, expense or
claims for consequential compensation whatsoever which arises out of or
in connection with any Contract. To the fullest extent permitted by law,
the Customer releases Durst and associated entities from and against all
liability whatsoever for any injury, loss or damage sustained by the
buyer howsoever arising.
INTELLECTUAL PROPERTY RIGHTS
Any claim from the
sale which may allege infringement of trade marks, trade names, patents,
copy or property rights of other parties, shall be directed immediately
by the buyer to Durst and the buyer will give every assistance to Durst
in connection with such claim. The buyer will not itself, deal with, or
compromise any claim which may occur.
PRIVACY
Durst endeavours to protect your privacy
by:
- Only collecting information from those with whom we deal which is necessary for our business to adequately service our customers.
- Except where the law says otherwise, the only external organisations having access to this information are approved mailing houses which mail our marketing material to our customers or credit card/credit reference companies for finance approval.
- We do not use any personal information we have collected for any other purposes without seeking the individual’s permission.
- We will take reasonable steps to ensure personal information on our database is accurate and complete at all times.
- We will hold the information indefinitely so future marketing material can be sent to the individual. If you do not wish to receive this material in the future, please email linda@powerstartau.com to have your details removed.
- Personal information will not be disclosed to any organisation or individual who has not given a commitment to deal with such information in a way, which is consistent with the National Privacy Principles.
- All information is securely held by the organisation to prevent tampering, interference by outside sources or unauthorised use by employees or agents of the organisation.
- Individuals can access the information that our organisation holds on them in accordance with the National Privacy Principles.
- If an individual believes the information we hold on them is not accurate they have the right to apply to the organisation to have that information corrected.
- A Privacy Officer has been appointed to assist all individuals with requests for access to information or concerns about the handling of their information. That person may be contacted via email joanne@powerstartau.com or you may forward such requests in writing to Durst Industries (Aust.) Pty Ltd. 1/11 Packard Ave. Castle Hill NSW 2154 Australia.
DISCLAIMER
Specification and particulars in
relation to products referred to in Durst’ website are subject to change
without prior notice. Some photographs contain samples units and
shipment product may vary in colour and look. Durst will not be held
liable for any errors or omissions.
FORCE MAJEURE
Durst will not be in breach of its
contact with the customer for any delays in performing, or failure to
perform, its obligations under these terms and conditions if delays or
failure were due to any cause or circumstance beyond Durst’ reasonable
control (which shall include, but not be limited to, government actions,
war, fire, explosion, flood, acts of terrorism, import or export
regulations or embargoes, labour disputes or the inability to obtain or
a delay in obtaining supplies of products). Durst may, as its option
delay the performance of, or cancel the whole or any part of a Contract.
RELATIONSHIP
During the term hereof, the
relationship between Durst and the buyer is that of vendor and
purchaser. The buyer, its agents, employees, and dealers, under no
circumstances will be deemed to be agents or representatives of Durst,
nor will any of them have the right to enter into any contracts or
commitments in the name of Durst or otherwise to bind or commit Durst.
JURISDICTION
This agreement shall be governed by
the law of New South Wales. The parties to submit all disputes to the
exclusive jurisdiction of the courts of New South Wales, Australia.
Lokithor JTC-4250