TRADING TERMS AND CONDITIONS OF SALE

      The following terms and conditions of sale shall apply to the sale of goods or services ("goods") by the supplier to the customer. These terms and conditions of sale replace any previous terms and conditions of sale.

1.      Interpretation

      In these terms and conditions the following section of this document entitled "Agreement" and any other associated or collateral documents (unless a contrary intention is stated):

    a) "customers" means a person whose order for purchase of goods is accepted by the supplier;
    b) "supplier" means NIKPOL PTY LTD ACN 005 580 665 or any of its subsidiaries or associated companies or their respective assigns;

2.      General

a) Unless otherwise agreed in writing by the supplier, any terms and conditions of the customers order deviating from or inconsistent with these terms and conditions are expressly rejected by the supplier as are any variations to these terms and conditions not expressly agreed to in writing by the supplier.

b) A quotation shall not constitute an offer to sell goods to the customer. No contract for the supply of goods shall exist between the supplier and the customer until a customers order for goods has been accepted by the supplier (such acceptance of customers orders may be made and communicated by the supplier in writing or by overt act of acceptance). The supplier may accept or refuse any goods in its absolute discretion and may make its acceptance of an order conditional upon it receiving a satisfactory credit assessment of the customer.

c) These terms and conditions and all obligations hereunder shall be binding on the customers personal representatives, successors and permitted assigns and shall be for the benefit of the suppliers successors and assigns.

3. Delivery

a) Goods will be delivered or deemed to be delivered, when they are dispatched              to the delivery place nominated by the customer. If no such address is nominated, then delivery will be deemed to occur at the time when the goods are ready for collection at the supplier's premises.

b) The supplier reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the customer within 7 days of a request by the supplier for such information.

c) The customer authorizes the supplier to deliver products to the place nominated by the customer and to leave the products at such a place whether or not any person is present to accept delivery. The supplier shall not be liable on any basis whatsoever for loss suffered by the customer to the nominated delivery place.

d) The supplier shall not be obliged to obtain a signed receipt or acknowledgment from any person at the nominated place for delivery but if a signed receipt or other acknowledgment is obtained from someone believed by the supplier to be authorized by the customer to sign or otherwise take delivery, then such signed receipt or other acknowledgement shall be conclusive evidence of the customers acceptance of the delivered goods.

e) Any times quoted for delivery are estimates only and the supplier shall not be liable to the customer for any failure to deliver or for delay of goods occasioned by strike, lockout or other industrial disputes, shortage of stock, shortage of labor, delays in transit, fire, flood, hostility, civil commotion or any other cause whatsoever or not beyond the control of the supplier,

f) The customer shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery.

g) The supplier reserves the right to deliver goods by installments and each installment shall be deemed to be sold under a separate contract. Failure to deliver any installment, or deliver any installment on time shall not entitle the customer to repudiate the contract in whole or part.

4.      Cancellation/return of goods

a) Subject to clause 7 , unless agreed in writing by the supplier, the supplier will not accept the return of goods.

b) The original invoice number must accompany all goods returned to the supplier.

5. Fitness for purpose

      The customer agrees that it does not rely on the skill or judgment of the supplier in relation to the suitability of any goods for a particular purpose. Any advise, recommendations, information or assistance provided by the supplier is provided without any liability by the supplier whatsoever.

6. Variation by customer

      The supplier reserves the right to change the size, color and quantity of any goods, should there be any variation in detail, size, color or quantity the supplier accepts no responsibility whatsoever.

7.      Disclaimer

      The information and offers made on this website have been included on the basis that the specified goods described will be available for sale at the advertised prices. These prices are correct at the time of printing but may be liable to change. We reserve the right to correct any errors or misprints. We accept no responsibility if goods are unavailable due to circumstances beyond our control. All trademarks are the property of their respective owners.




SCHEDULE OF FEES AND CHARGES

RESTOCKING FEE

      A return to store fee calculated at 15% of the invoiced value of the goods returned with a minimum charge of $25.00 exclusive of G.S.T, where goods are returned as a result of order errors made by the customer. Over ordered goods may not be accepted after 14 days from the invoice date. Made to order goods, special orders goods and half or cut down sheets will not be accepted for return.

RETURNED CHEQUE FEE

      Where a cheque issued for payment of goods or payment of a credit account is dishonored by a customer's bank, a returned cheque fee of $30.00 exclusive of G.S.T will apply.

CREDIT CARD ADMINISTRTATION FEE

      A credit card administration fee of 3% of the face value of the transaction will apply where payment of accounts is made by credit card outside agreed trading terms with the supplier.

 


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