ABN 41 600 589 099 ACN 600 589 099
“Electrical Works”. Where electrical works form part of this invoice, we certify all work has been tested and complies with current Electrical Standards.
“Gas Works”. Where gas works form part of this invoice, we certify all work has been tested and complies with the current AGA standards and conditions.
TERMS AND CONDITIONS OF SALE
- In these Terms and Conditions (“Terms and Conditions”) ”Contract” means the contract for supply of Products and/or Services resulting from the acceptance by the Seller of an Order in accordance of clause 2. “Customer” means any person who enters into a Contract with the Seller for the sale and purchase and Products and/or Services and includes the Customers permitted assigns, successors, employees, servants and agents; “Loss” means any damage, loss, liability, expense or cost whether direct or indirect consequential or accidental; “Order” means Order placed by an intending Customer for the supply of Products and/or Services; “Seller” means KYNKYN PTY LTD trading as Gas Electrical Powerzone; “Products” means all products supplied or to be supplied by the “Seller” from time to time whether fixed or otherwise; “Services” means all services supplied or to be supplied by the Seller.
- These Terms and Conditions supersede all previous Terms and Conditions imposed by the Seller. Each Order will constitute an offer by the Customer to acquire Products and/or Services from the Seller upon and subject to the Terms and Conditions to the exclusion of all other Terms and Conditions. A Contract will be made between the Seller and the Customer for the sale and purchase of Products and/or Services only on the acceptance of an Order by the Seller which may be by delivery of all or part of the Products and/or Services ordered.
- Unless otherwise agreed, the Seller will arrange for delivery of the Products and/or Services to the Customer. The Seller will not be liable for any delay in the delivery of the Products and/or Services.
- The Customer will have no claim for shortages or defects in respect to any Products and Services apparent on inspection unless a written complaint is delivered to the Seller within 7 days of receipt of the Product or Service specifying the shortage or defect. The Seller will only, at its option, accept the return of, or give a credit for Products and/or Services where; the Customer has complied with this clause; the Seller is satisfied as to the claim by the Customer; in the case of the Products that have at the request of the Customer been specifically sourced, the Supplier of such Products will accept return of the Products for credit; and, if the Seller elects to have the Products returned, the Products are returned to the Seller in the same condition as first delivery to the Customer with the relevant invoice number and date of Order. All Products returned will be subject to a minimum 20% handling charge except in the case of defective Products or Products incorrectly supplied. In the case of buy-ins against Customer Order; credit will only be allowed if the original supplier/manufacturer also accepts the return.
- Prices for Products and/or Services are set in accordance with the Seller’s price list, which is subject to change from time to time. The price payable is the price quoted as at the day of the raising of an invoice in respect to the Product and/or Services. Where the Customer has been granted credit facilities by the Seller the price of the Products and/or Services is due and payable in accordance with the Terms and Conditions of the credit facilities. If credit facilities have not been granted to the Customer then the price of Products and/or Services must be paid on delivery. Any sales tax will be to the account of the Customer and if the Customer claims an exemption from the sale tax then this must be proven to the satisfaction of the Seller.
- All notices to be given by a party under these Terms and Conditions must be in writing and may be given to the other party by hand delivery, prepaid post or email addressed to the other party at its last known postal address or email address. Any notice given under these Terms and Conditions will be deemed to have been received by the person to whom it was sent in the case of hand delivery, upon delivery; in the case of prepaid post, three days after dispatch; and in the case of email, upon completion of the transmission. These Terms and Conditions are governed by, and must be construed in accordance with, the laws of Queensland.
- (a) The goods shall be subject to a materials and labour warranty for 30 days, or as applied by the manufacturer, following delivery, in any case where the goods are found to be defective in materials, manufacture or workmanship. This warranty applies only for the benefit of the Customer and is void if installation or operation is not in accordance with the manufacturer’s instructions and recommendations. Furthermore, all warranty work must be conducted by G.E Powerzone staff or their authorised service agents. All warranty calls are to be placed and authorised through our office.(b) All warranty work will be undertaken in normal working hours from Monday-Friday 8.00am-4.30pm. Penalty rates for after-hours services apply and when charged, the excess between normal hour labour rates and penalty rates will be the Customer’s responsibility. These items are to be returned to the G.E Powerzone workshop for repair, transport/freight costs to and from the Customer for “carry in” items are to be covered by the Customer. If the Customer requests on-site service (an option always available to the Customer), the Customer will be charged callout and travelling costs while the labour for warranty repair time on-site will be covered by G.E Powerzone.
- Save and except for the express warranty set out above, and to the maximum extent permitted by law, all conditions and warranties which may be at any time implied by the common law, the Trade Practices Act, the Fair Trading Act, the Goods Act, or any other state or Federal Act are excluded. To the extent that these cannot be excluded and where the law permits, the Supplier’s liability in respect to any such condition or warranty shall be limited at the option of the Supplier to the repair or replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing or repairing the goods or having them replaced or repaired.
- Notwithstanding clause 5, title to the goods shall remain with the Supplier until such time as the Supplier has received payment of the purchase price of the goods and the purchase price of any other goods or services previously or subsequently supplied by the Supplier to the Customer whereupon such title shall pass to the Customer.
- Until such time as the title of the goods passes to the Customer, the Customer shall hold the goods as the fiduciary agent of the Supplier and shall remain liable to account to the Supplier for the goods.
- The Customer must assume full risk of loss of damage to the goods immediately upon delivery. Pending payment in full for the goods, the Customer must not supply any of the goods to any person outside of its ordinary or usual course of business, must not allow any person to have or acquire any security interest in the goods, and must insure the goods for the insurable or replacement value (whichever is the higher), with an insurer licensed or authorised to conduct the business of insurance in the place where the Customer carries on business.
- Should our account exceed our trading terms and be passed over for collection, all costs including agencies commission, solicitor’s fees, court costs and out of pocket expenses are the liability of the Customer
- The Customer authorises the Supplier to obtain credit reports from credit reporting companies and other credit providers concerning the Customer’s Credit worthiness, credit standing, credit history and credit capacity for the purpose of (i) assessing an application by the Customer for credit and the Customer’s credit worthiness, (ii) to disclose reports and information to other credit providers about the Customer’s credit worthiness, credit standing, credit history and credit capacity for the purpose of assessing an application by the Customer for credit and the Customer’s credit worthiness.
- In the event that the Customer is in default in payment of any amount owing to the Supplier for a period in excess of 120 days, the Customer hereby charges all real estate owned by the Customer at the time of the default with payment of all amounts outstanding to the Supplier and authorises the Supplier to lodge a caveat for registration on all properties so charged. The Customer further agrees to execute a mortgage or mortgages in registerable form at the request of the Supplier. A statement or certificate signed by a duly authorised officer of the Supplier as to the goods supplied to the indebtedness of a Customer shall be prima facie evidence thereof.