Star Aluminium and Steel Welding Pty Ltd – Terms of Sale
These Terms of Sale constitute the agreement between Star Aluminium and Steel Welding Pty Ltd (Star Aluminium) and the Buyer concerning the supply of goods by Star Aluminium to the Buyer, and shall prevail over all conditions appearing on any document of the Buyer.
A quotation given by Star Aluminium shall not constitute an obligation to sell and no contractual relationship shall arise until the Buyer’s order has been accepted in writing by Star Aluminium. All prices quoted will remain valid for a period of 14 days and are subject to change.
The Buyer shall, in addition to prices quoted or charged, be responsible for all applicable taxes and statutory charges including but not limited to GST, unless otherwise advised in writing by Star Aluminium.
4 Payment Terms
Upon receipt of an order from the Buyer, Star Aluminium will issue an invoice which is required to be paid prior to commencement of manufacture, or for goods in stock, prior to despatch or pickup. The Buyer may apply for a credit account, which will be subject to credit check and approval by Star Aluminium and will offer payment terms of 7, 14 or 30 days from the date of the invoice. Custom goods requiring special design and manufacture shall be paid prior to commencement of manufacture.
Star Aluminium may suspend manufacture and supply of goods in the event that any part of the Buyer’s account is overdue and may at its discretion charge interest at the current Westpac Business Account overdraft rate on the total of the monies due but unpaid. Star Aluminium, shall be entitled to pro rata progress charges for part deliveries.
6 Delivery and Risk
Signed delivery dockets will be conclusive proof of the delivery of the goods in good condition. Risk in the goods shall pass to the Buyer on delivery.
Title in the goods shall not pass to the Buyer until payment in full has been paid to Star Aluminium. If prior to transfer of title, the Buyer sells the goods or uses the goods in some process, then the Buyer will hold the proceeds of such sale or process in trust for Star Aluminium.
If the Buyer breaches these terms of sale, fails to make payments to Star Aluminium when due, goes into solvency or bankruptcy or enters into a deed of arrangement or composition with its creditors, Star Aluminium may without prejudice to its other rights, retake possession of the Goods from the Buyer’s site and suspend further deliveries. The Buyer shall indemnify and keep Star Aluminium indemnified against all costs and liabilities incurred by Star Aluminium arising from entry on the Buyer’s site and/or suspend in exercise of Star Aluminium’s rights.
Illustrations of the goods in Star Aluminium’s brochures and catalogues are not to be taken as exact representations of the goods.
10 Cancelled or Varied Orders
Star Aluminium reserves the right to charge for the cost of materials used or purchased and the cost of labour incurred and all other costs associated with any order cancelled or altered by the Buyer.
Star Aluminium offers a back to base warranty and the warranty period is dependent upon the specific goods purchased and will be outlined in the original quotation and invoice. Star Aluminium warrants that for the duration of the warranty period, all goods will be free of faults arising from defects in workmanship and/or materials.
If any part of the goods fail to operate correctly due to faulty workmanship or defective material during the warranty period, Star Aluminium undertake to repair or replace the product or part free of charge, provided that the following is adhered to:
(d) The warranty is in addition to any non-excludable legal rights and remedies conferred on the consumer under any applicable Act and any similar laws. To the extent permitted by law, Star Aluminium’s liability for any non –excludable condition or warranty is limited to rectifying any defect at its option, as set out in paragraph 11 (ii)
(e) Subject to the requirements of any applicable Act or legislation and to the extent permitted by law, no liability (whether expressed or implied) of any nature whatsoever, is accepted by Star Aluminium for any consequential loss, damage or injury arising as a result of any fault in the Goods.
(f) The warranty does not include any damage incurred to the goods:
(i) during transit or transportation of any kind
(ii) caused by abuse, accident or improper installation/assembly, connection, usage, operation, adjustment or repair or use of the goods other than in accordance with instructions issued by Star Aluminium
(g) The warranty will be void on goods that have been modified in any way or repaired by anyone other than Star Aluminium. All goods have been designed for a specific purpose under established load ratings and any unofficial modification and/or repair can produce strain that the product is not designed to handle.
(h) The following is applicable to all consumers purchasing goods in Australia:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
12 Limitation of Liability
Notwithstanding anything else contained in these Terms of Sale, Star Aluminium shall under no circumstances be liable to the Buyer in connection with the Goods for any loss of use, loss of profit or consequential loss, whether arising in negligence or otherwise. To the extent permitted by law, Star Aluminium’s liability is limited to the repair or replacement of Goods.
Star Aluminium shall not be liable to the Buyer for any costs, losses or damages caused by any delays in production or delivery, which are beyond the reasonable control of Star Aluminium.