Terms and Conditions
Terms and Conditions of Sale
These Terms and Conditions of Sale (Agreement) apply to all sales of Product(s) by Makinex Pty Ltd ACN 122 171 555 of 15 Waltham St, Artarmon, NSW, 2064 (Seller) to you, the customer (Customer). Customer acknowledges that it has read and understood the terms of this Agreement before purchasing the Products.
The terms of this Agreement can only be waived in writing signed by Seller and will prevail over all of Customer’s terms and conditions to the extent of any inconsistency.
Quotations and orders
Unless previously withdrawn, a quotation issued by Seller is open for acceptance within the period stated in it or, when no period is stated, within 60 days only after its date.
Any order placed by Customer on Seller is an offer to purchase the Products. Seller may refuse any order within 7 days of receiving it. Seller may require the payment of a non-refundable holding deposit where Seller has limited stock of the Products. If Seller accepts the offer and agrees to supply the Products, the supply of the Products will be governed by the terms of this Agreement.
Once an order has been accepted, Customer agrees to forego any holding deposit it has paid for the Products if Customer cancels the order before the Products have been despatched for delivery to Customer. Customer can only cancel an order after despatch of the Products with Seller’s consent and if Customer pays for the return of the Products to Seller’s nominated address.
Price and payment
The purchase price for Products is Seller’s current list price, including any GST or similar tax, at the time the order is accepted by Seller. All amounts are in AUD for Products supplied in Australia and New Zealand and US dollars for all other jurisdictions. (Purchase Price).
The Purchase Price is payable without deduction or set off as follows:
if the sale of Product is not by credit – the full Purchase Price must be paid to Seller before the Products are despatched for delivery to Customer; or
if the sale of Products is by credit – Customer must have submitted a credit application which is approved in writing by Seller. In this case, payment must be made in accordance with the terms of the credit application, generally 30 days from the date of Seller’s invoice.
Each such date for payment being referred to as the “Due Date”.
Customer agrees to pay a credit card charge of 0.8% for any single invoiced amount over AUD$1,000.
Seller may charge interest on any overdue moneys outstanding from time to time at the rate which is 2% above the rate charged by Seller’s major banker for commercial overdraft balances of over $100,000 as at the Due Date, calculated from the Due Date until the date of payment. Any payment made by Customer will be credited first against any interest that has accrued.
Seller will generally despatch Products for delivery within 2 working days of accepting Customer’s order. However, any delivery times notified to Customer are estimates only and Seller is not liable for late or non-delivery.
Seller may, at Customer’s request, agree to postpone delivery of the Product to a time more convenient to Customer provided that Customer agrees to pay to Seller an additional fee for such postponement and for storage charges.
Title and risk
The risk of loss or damage to the Product passes to Customer on the date and at the time that the Product is removed from storage for the purpose of delivery to Customer.
Notwithstanding delivery of the Products to Customer, title in the Products will not pass to Customer until full payment has been processed by Seller and the funds cleared. If Customer’s payment is not received or is declined for any reason Seller reserves the right to reclaim the Products from Customer’s possession, custody or control even if they have been delivered to Customer or moved from the delivery address. Seller reserves the right to keep or sell the Products.
This clause 5 creates a purchase money security interest for the purposes of the Personal Properties Securities Act 2009 (Cth) (PPSA). To the extent permitted under the PPSA, waives its rights to receive a verification statement in respect of any financing statement or financing change statement in respect of the security interest created under this Agreement. Seller need not give any notice under the PPSA unless the notice is required by the PPSA and cannot be excluded. Customer and Seller agree that neither will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.
Customer must inspect the Products on delivery and satisfy itself that the Products are not damaged. If the Products are damaged, Customer must notify Seller within 48 hours of receiving delivery and must provide proof of the damage, such as by way of photographs.
Seller does not accept liability for Products lost or damaged in transit or by Customer.
Return of Products
Customer must contact Seller’s Customer Service Centre on 1300 795 953 and obtain a Return Authorisation Number. Seller will give Customer an address for return of the Product.
Customer must return the Product in accordance with Seller’s instructions.
Returns of Products or delivery of replacement Products are at Customer’s expense. If Seller accepts responsibility for the damage to the Products, Seller will reimburse Customer the cost of returning the Products and Seller will pay for a replacement Product.
Except where required by law or in accordance with this clause, Seller is not obliged to accept any return of Products.
Seller’s warranty against defects varies as between Products. The warranty against defects, if any, for the Products purchased by Customer is set out in the Owner’s Operation Manual relevant to the Product.
Limitation of liability
To the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in this Agreement are excluded. If Seller is liable for breach of an imposed term, guarantee, warranty, representation or condition, Seller’s liability is, at Seller’s option, limited to:
the replacement of the Products or the supply of equivalent products;
the repair of the Products;
the payment of the cost of replacing the Products or acquiring equivalent products; or
the payment of the cost of having the Products repaired.
To the extent permitted by law, Supplier will not be liable for any special, indirect or consequential loss or damage (including personal injury), loss of profit or opportunity arising out of or in connection with the Products or use of the Products, including as a result of not being able to use the Products or the late or non supply of Products, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
This Agreement will be governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state.
A notice given under this Agreement must be in writing and sent to the recipient at the address provided to the other party when the order is accepted or such other address as notified from time to time.
If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this Agreement, but the rest of this agreement is not affected.