General (a) These Terms and Conditions of Sale (Terms) apply in respect of all offers to sell, quotations made, contracts to sell and all commercial and residential transactions for the supply of Goods and services (Goods) by Architectural Door Hardware Pty Ltd (ABN 81 126 594 278) (ADH). (b) The Purchaser acknowledges and agrees that no verbal agreement between it and any employee, servant or agent of ADH will be binding on ADH. (c)ADH reserves the right to formally change the Terms and Conditions from time to time.
Quotations/Orders (a) All quotations or submissions made or provided by ADH, whether in response to a request to tender or otherwise, are deemed to be invitations to treat and shall not constitute a contractual offer. (b) Quotations and submissions do not include freight charges unless expressly stated. (c) Unless previously withdrawn a quotation is valid for 14 (fourteen) days and is subject to withdrawal or change at any time until the Purchaser’s confirmation of order has been received and accepted in writing by ADH. The Purchasers acceptance of a quotation made or provided by ADH is deemed to be an offer and only gives rise to contractual obligation when ADH confirms in writing acceptance of the offer. (d)ADH shall not be bound by any conditions attached to the Purchaser’s order or acceptance of the quotation, unless ADH in writing accepts such conditions. (e) Any delivery times, dates or timeframes are approximate and non-contractual and based on conditions at the time the quotation is prepared.
Terms of Payment & Prices (a) Orders that require ADH to purchase items not stocked by ADH and whose total invoice value amount $500 or less are to be paid in full prior to ADH ordering Goods from suppliers. (b) Orders over $500 require a $500 or 50% deposit (whichever is greater) to be paid on the Purchaser’s acceptance of a quotation. (c) All invoices are to be paid in full prior to pick up / delivery of Goods unless otherwise agreed by ADH in writing. (d) If the Purchaser fails to pay any amount owing to ADH by the due date, ADH reserves the right to apply interest on that amount at the rate of 2% above the rate fixed under section 2 of the Penalty Interest Rates Act 1983, from the date the amount should have been paid until the date the amount is paid. Interest accrues daily, may be capitalised and is payable on demand. (e) Cheques are not accepted by ADH (f) Any price published in the ADH showroom or on the ADH Website may be changed or altered by ADH at any time without notice to the Purchaser and thereafter ADH shall not be bound by the prices published in the St Peters showroom so altered. A price published in the ADH showroom does not amount to an offer to sell the Goods therein mentioned.
Dimensions and Specifications (a) Unless otherwise stated all specifications, drawings and particulars of dimensions and performance characteristics submitted or advised by ADH are approximate only
Delivery (a) Any delivery dates and/or times are given in good faith but unless otherwise stated ADH will not be held responsible for any delay arising from causes beyond it’s reasonable control. The Purchaser’s receipt of Goods shall constitute a waiver of any claim for delay. (b) Delivery occurs when the Goods are notified as ready for dispatch at ADH’s warehouse. (c)Goods can only be picked up during business hours. (d)ADH can arrange for delivery of Goods to the Purchaser for a fee. Purchaser may request partial delivery (additional freight charges may apply). (e)ADH shall have no liability whatsoever for any direct, indirect or consequential damage or loss arising from non-delivery or any delays in delivery including off loading or misdirection in transit or when the Goods are carried in the Purchasers own vehicle or in Contractors vehicles retained to collect Goods. (f) Risk in the Goods passes to the Purchaser on delivery. (g) If a Product is damaged on delivery, then the Purchaser should refuse to take receipt of that Product and notify ADH in writing immediately. (h) All Goods delivered will be deemed to have been accepted by the Purchaser as fully compliant and of acceptable quality if they are not rejected and returned to ADH within 7 days (subject to Supplier Guarantees). This includes claims of any missing hardware or parts. (i)ADH reserve the right to allocate Goods that are not collected with 12 weeks to another customer order and reorder the Goods for the Purchaser. If the Purchaser fails to collect their order within 12 weeks of their order being fulfilled by ADH, a longer term can be negotiated at ADH’s discretion. Purchasers will incur a daily storage fee, which will increase everyday the Purchaser does not collect their purchase. The storage fee must be paid by the Purchaser to ADH when the Purchaser collect their purchase after 12 weeks from the date of purchase or thereafter or their purchase may not be released to the Purchaser by ADH.
Advice and Purchaser’s Use (a) All advice provided by ADH is provided in good faith, however, the Purchaser must satisfy itself that the Goods are suitable for the Purchaser’s intended purpose relying on its own knowledge and expertise. The Purchaser indemnifies ADH against any claim which arises out of the Purchaser’s particular use of the Goods. No advice may be relied upon unless and until it has been confirmed in writing and duly signed by or on behalf of ADH. This includes responsibility for correct ordering and ADH bears no responsibility for short-ordering or over-ordering. (b)ADH will not be liable for any incorrectly ordered products that are not compatible with the Purchasers requirements. The Purchaser must ensure that the goods listed on their quote, purchase order or invoice are the correct quantities and items that they require.
Changes to Order & Samples (a) Stocked Goods (S1) not being defective or delivered in error may be returned with ADH’s prior written consent. Where such consent is given, the Goods must be returned (at the Purchaser’s cost) within 7 business days in undamaged, unused and in resalable condition, in the original packaging, with a copy of the original invoice. The Goods must be current stock, complete as per invoice and must not have been fixed, installed, changed or damaged in any way. Subject to approval by ADH, the Purchaser will be given an ADH credit note. Credit notes are valid for 12 months from date of issue, to the value of the duly returned Goods less a re-stocking fee of 15% of the invoiced price of the Goods. (b) Where the Purchaser returns or exchanges Goods of their own volition, ADH will not accept freight charges. (c) Non-stock (S2, S3, S4, S5, S6, S7, S8, S9) Goods, non-standard products or products specially purchased, modified, machined or cut to size to Purchaser specifications are not returnable or exchangeable. (d) Where samples have been provided on credit the Goods must be returned within 3 months of the invoice date, (at the Purchaser’s cost) undamaged, unused and in resalable condition, in their original packaging and together with a copy of the original invoice. If these conditions are not met ADH reserves the right to charge the Purchaser the fee as stipulated on the invoice.
Liability (a)ADH will not be liable for products that become defective, or stop working, as a result of: any unforeseeable, unauthorised, improper, negligent or reckless installation; any failure to follow fitting and/or care instructions; any improper use, maintenance; fair wear and tear; for any defect caused by the incorrect or improper handling of the Goods; or where the Goods have been repaired or modified after sale by the Purchaser or any third party. (b) Purchaser Product Guarantee claims (other than under a Consumer Guarantee) must be submitted in writing directly to ADH. The person making the claim must bear the costs and expenses of removal or replacement; installation of replacement products; postage, freight or travel time. (c) Where the Purchaser requests Goods to be refinished, ADH will not be liable for any costs incurred in association with delay in the delivery of Goods or replacement of Goods due to Purchaser’s dissatisfaction with workmanship of the refinisher. (d)ADH will not be liable for any non-performance of its obligations resulting from any cause outside ADH’s control, including any: act of God, flood, fire, war, terrorism, labour dispute, unavailability of equipment, stock, raw materials or transport.
Fitting Instructions and Purchaser’s Indemnity (a) The Purchaser agrees to comply fully, carefully and completely in every respect with the relevant fitting and care instructions for the Goods supplied by the Supplier. If the Purchaser is not the end-user of the Goods, the Purchaser undertakes to ensure that it’s Customer or Contractor is a certified cabinet maker or installer who is experienced in door hardware installation and complies with this requirement. Goods may not be used or fitted inconsistently with the appropriate fitting instructions, any manual, or any other technical information or advice provided. No liability will be accepted by ADH for any type of loss or damage caused by failure by the end-user to comply with this. The Purchaser indemnifies ADH against any liability it may incur for any loss or damage of whatsoever nature arising out of a breach by the Purchaser of any of its obligations under these Terms. (b) Should ADH be requested to repair faulty installation of product or install replacement product for faulty Goods, ADH will charge a $200.00+GST call out fee and $150.00+GST per hour fee per installer. (c) A person of at least 18 years of age must be present at the premises at all times on the day when ADH provide the service and must be authorised to approve all work completed by ADH. If not, ADH will leave the site and we may invoice the Purchaser for an extra installation site visit. (d) The Purchaser acknowledges and agrees that, except for direct property damage that results from ADH’s negligence, under no circumstances shall ADH be liable to the Purchaser or any other person for any damages, including without limitation, any indirect, incidental, special or consequential damages, expense, costs or liability arising out of, or related to, the services provided by ADH or the installation, use of, or inability to use Goods or other services. In consenting to the performance of the Service the Purchaser agrees to release and hold harmless ADH, its agent contractors and staff from and against any loss, liability or damage that the Purchaser may suffer, including but not limited to, walls, skirting boards, floors, etc. As subject to the Purchasers statutory rights, under the Australian Consumer Law or other similar State and Territory laws, the liability of ADH is expressly limited to repeat of the Service or the cost of the service being provided. (e)ADH do not include any parts or accessories (for example, axillary hardware, tools, mounts, adapters or similar parts) in the course of providing the service, except where specifically listed in the service descriptions on this form.
Right of Removal (a) The Purchaser irrevocably grants to ADH its agents and servants an unrestricted right and license, without notice, to enter premises occupied by the Purchaser, to identify and remove any Goods which are the property of ADH.
Agreement (a) By purchasing goods from ADH, the Purchaser agrees to the above Terms and Conditions.