These conditions of sale form part of quotation made by us and also apply to the sale of all items included in the current catalogue. These conditions of sale are binding and no variation or cancellation will be accepted unless agreed to by us in writing. These terms and conditions govern each supply of goods by TTS to the Dealer from time to time and shall prevail over any other terms contained in any other document (including without limitation any Dealer purchase order).
Unless otherwise stated by us in writing, any quotation will be valid for 30 days from the date of quotation. Prior to the receipt of acceptance, the quotation is subject to change or withdrawal by us in writing.
The quotation includes only those goods and services as specified therein. Goods offered ex-stock are subject to prior sale. Delivery times quoted are approximate only and actual delivery times should be determined at the time of placement of an order..
4. Information and Drawings
All descriptive specifications, illustrations, drawings, data, dimensions and weights contained in our catalogues and literature are typical only and are subject to change without notice. These details do not form part of a quotation unless specified by us in writing.
All products will be packaged to our normal standard practice.
Variation to this packaging will be charged for and form part of our quotation.
Prices charged are the prices relevant at the date of dispatch unless written arrangement has been made for price variation. Where prices have been quoted on a quantity purchase we reserve the right to re-negotiate the quoted prices if the total quantity is varied.
7. GST & Government Imposts
The prices quoted do not include GST and government imposts unless specifically stated in writing in the quotation. The Dealer shall be liable to pay any such GST or other government imposts.
8. Terms of Payment
When a credit account has been established with us all prices are strictly nett and are payable 30 days after the end of the month in which the invoice was raised, irrespective of when the order was received by the customer, unless stated otherwise in quotation or agreed to in writing. Monies due to us are payable without set-off, counterclaim or deduction except as required by law.
We reserve the right to refuse extension of credit. Tooltechnic Systems (Aust) Pty Ltd subscribes to the credit reporting provider Dun and Bradstreet and reserves the right to notify this entity if credit account terms are breached.
9. Interest and Collection Costs
If you default in payment of any invoice when due, you shall be liable to pay interest to us on the balance outstanding at the rate determined from time to time by the Reserve Bank to be the cash rate target, plus 4%, and you shall indemnify us as a continuing indemnity and hold TTS harmless from and against all costs and disbursements including debt collection costs incurred for the recovery of debt on your account.
Should any goods become defective due to faulty design, workmanship or materials within (12) calendar months of date of invoice then we will make good by repair or at our discretion by the replacement of the faulty goods.
This warranty is void if the product is used outside specification, is modified, subject to excessive wear, or is used for a purpose for which it is not designed. The warranty covers repair or replacement and dispatch to the point of original delivery free of charge. Except as specifically provided in these Conditions of Sale all other conditions and warranties are to the extent permitted by law excluded.
11. Liability of TTS
Notwithstanding of any other provision of this contract we shall not (to the extent permitted by law) be liable for any indirect or consequential loss (including any loss of profit or of contract) however arising or for any other injury, damage or loss, save as expressly provided in the contract.
For the avoidance of any doubt, no provision of this contract shall have effect as, or be taken to be, a term referred to in Section 276A(4) of the Australian Consumer Law ("ACL") imposing on TTS a liability greater than that mentioned in Section 276A(1) of the ACL in circumstances where Section 276A(1) of the ACL operates to limit TTS's liability under Section 274 of the ACL.
12. Governing Law and Jurisdiction
Except as may otherwise agreed by us, the contract shall be governed by the laws of the State of Victoria and the parties submit to the exclusive jurisdiction of the Courts of that State including those having appellate jurisdiction.
If an order is varied then the variation must be accepted by us in writing and we shall be indemnified against any loss or damage incurred by you.
14. Retention of Title
All goods supplied by us to you remain our property until all debts owing by you to us have been paid and notwithstanding that payments may be made for the purpose of settlement of specifically designated claims.
Until payment of all debts owing as aforesaid, you may sell the goods in the ordinary course of your business (but not otherwise without our prior written consent), as our fiduciary bailee, and may for the purpose of such a sale part with possession of the goods. The proceeds of such resale insofar as they relate to the goods shall be held on trust for us in a separate account. The goods shall be at your risk whilst in transit to you and on delivery and you shall, at your cost, insure the goods in our name against such risks as a prudent owner of the goods would insure, and for their full insurable value.
These provisions apply notwithstanding any arrangement under which we provide credit to you. To the extent there is any inconsistency, these provisions prevail. We may recover the price of the goods by action if the goods are not paid within our usual credit terms or any separate arrangement for credit made with us, notwithstanding that property in the goods has not passed to you.
Until payment of all debts owing to us, you must store the goods separately and so that they are readily identifiable as our property, and we may (to the extent permitted by law), without prejudice to any of our other rights, without prior notice, retake and resume possession of any goods which remain our property and, we or our servants and agents may enter upon your premises, or any other place where the goods may be for that purpose, if:
(a) goods are not paid for within our usual credit terms;
(b) there is any other breach by you of any contract between you and us;
(c) you commence to be wound up or are placed under any form of external administration under the Corporations Act; or
(d) you part with possession of the goods or any of them otherwise than by sale to a customer in the ordinary course of business.
Any amounts payable (but not yet due) become immediately due if any of the above events takes place.
For the purposes of the Personal Property Securities Act 2009 ("PPSA"), you agree:
a) that your agreement to TTS's retention of title rights under this clause constitutes a written security agreement within the meaning of the PPSA;
b) that the collateral covered by the written security agreement is all goods sold by TTS to you from time to time or at any time;
c) that all terms of the written security agreement shall apply to each supply of goods by TTS to you;
d) that TTS may register a financing statement or statements under the PPSA in relation to TTS's security interest or interests arising from the written security agreement;
e) to sign any further documents and/or provide any further information which TTS may reasonably require in order to register a financing statement or financing change statement under the PPSA;
f) to indemnify and reimburse TTS for all costs and expenses incurred by TTS in registering a financing statement or a financing change statement under the PPSA in relation to TTS's security interest or interests arising from this written security agreement or that are incurred by TTS in complying with or considering and dealing with any amendment demand made by you;
g) to provide TTS with 14 days prior written notice of any change to your name, ACN, ABN, address or other details;
h) to waive your right under section 157 of the PPSA to receive a notice in relation to registration events to which paragraph (a) of subsection 157(3) of the PPSA applies;
i) that nothing in section 143 of the PPSA will apply to this written security agreement; and
j) to waive your right to do any of the following:
15. Product Returns
Returned goods will only be accepted for credit if they are accompanied by a Tooltechnic Systems Return Authorisation and the item and its packaging is returned in resaleable condition. Goods returned without Return Authorisations or not in resaleable condition will be returned to the sender. A Return Authorisation will be issued at our discretion and Return Authorisations issued for reasons other than errors caused by Tooltechnic Systems (Aust) Pty Ltd will be subject to a rebooking fee of 15% of the nett value of the invoice. Returns of products that have been ordered from TTS's suppliers especially on request by the dealer are excluded from any returns policy and cannot be returned.
Orders with a nett invoice value above $500 + GST will be delivered free into store for account customers. Orders below $500 nett invoice value attract a delivery fee of $15 + GST. Delivery fees to NT are available on request.
Spare Parts: Delivery fees for orders below $350 + GST consisting of spare parts ONLY incur a delivery fee of $7.50+ GST. Overnight and weekend delivery charges are available on request.
17. Pick Up of Orders
Orders are made available for pick up from our Dandenong warehouse in most cases the next day when ordered before 15.00hr. Orders with a nett invoice value below $500.00 will attract a processing fee of $7.50 + GST. Spare parts orders below an order value of $350.00 will also attract a processing fee of $7.50 plus GST.
18. Repair Services and Lien
A quotation fee of $30 + GST will be charged to the Dealer to disassemble the item and prepare a quotation for the customer. If the customer accepts the quotation to repair the item the quotation fee will be waived. If a customer does not wish to accept the quotation the item will be returned disassembled. The Dealer must ensure that all customers seeking repair (whether they claim to be entitled to the repair under warranty or not) complete and sign a TTS Repair Order Form under which the customer agrees to the terms of TTS's lien over goods submitted for repair. The Dealer indemnifies TTS as a continuing indemnity and holds TTS harmless against all loss, damage, actions, suits, costs (including legal costs and the costs of having goods transported or disposed of) and expenses of any nature whatsoever (including without limitation the loss of the proceeds of the sale of the goods that TTS would have realized had it been able to exercise a right under its lien over goods submitted for repair) which TTS may suffer, pay or incur as a result of a breach of this term (including without limitation a breach of the obligation to procure completion and signature of a TTS repair request form) by the Dealer.
19. On Selling
It is not permitted for any dealer partner to on-sell to any other dealer without prior written consent from TTS.
20. Resale and Export Conditions
Resale and Export: The Dealer must not, directly or indirectly:
21. Mandatory Reporting
Where the Dealer becomes aware of a death, serious injury or serious illness associated with TTS goods or services, or that another person believes that a death, serious injury or serious illness is so associated, the Dealer must immediately notify this to TTS and provide all information in the Dealer's possession or that TTS reasonably requires concerning same.
22. Meeting Claims
The Dealer must not, when presented with a claim by its customer for replacement of an item, provide a replacement in purported satisfaction of such claim unless first authorized by TTS to do so and for these purposes must provide to TTS all information TTS reasonably requires and an opportunity to inspect the relevant goods and make relevant inquiries. Where a replacement is provided in breach of this provision and a replacement was not justified, the Dealer shall bear the cost of same. If requested by TTS, the Dealer shall deliver to TTS the item returned by the customer.
To the extent permitted by law, the Dealer indemnifies TTS as a continuing indemnity and holds TTS harmless against all loss, damage, actions, suits, costs (including legal costs) and expenses of any nature whatsoever which TTS may suffer, pay or incur as a result of a breach of these terms and conditions (including without limitation breaches of clauses 18, 21 and 22 hereof) by the Dealer.
Tooltechnic Systems (Aust) P/L
ABN 85 090 458 576
21 - 27 Evolution Drive
Dandenong South VIC 3175
Tel: 1300 063 900
Fax: (03) 8795 9221
© 2019 Festool Australia, Tooltechnic Systems
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