Terms & Conditions
Terms & Conditions
In these Terms and Conditions: -
“COMPANY” Shall mean IG Ergonomics Pty Ltd
“COMPANY’S PREMISES” shall mean any location from which the Company conducts business.
“PURCHASER” Shall mean the buyer or customer.
Unless the company agrees in writing to any alteration or other condition, the Purchaser’s order is accepted subject to the following terms and conditions which apply to the whole or any executed part of an order.
A quotation issued by the Company is valid for 30 days or such other period as slated in writing. A quotation is not to be construed as an obligation to sell and the Company reserves the right to withdraw the quotation at any time.
2. ORDER CANCELLATION
The Company may accept cancellation of orders for stock standard products in part or whole up until the time of dispatch. No cancellation of an order will be accepted after the dispatch of the goods from the Company’s premises. All cancellations must be notified in writing to the Company. Orders for products which are not stock standard will not be cancelled.
3. PRICE AND PAYMENT
a) These prices do not include freight costs for part or whole Shipment to any destination.
b) Payment for invoiced amounts is to be made in full within thirty (30) days from the date of delivery (unless quoted for a lesser period). Until payment in full is received and the Purchaser has completely performed all his obligations under the contract the properly in the goods remain with the Company and if in the Purchaser’s possession, will be held as Bailee and returned immediately unused and undamaged upon demand. The Purchaser will hold the Company indemnified against any claim or liability or injury to, or by, the goods in the meantime.
(c) Unless specifically agreed by the Company in writing before dispatch of the goods, no deduction is to be made from payment for retention monies to guarantee performance of a contract.
4. ACCEPTANCE AND DELIVERY
(a) Unless otherwise specified by the Company the point of delivery of the goods shall be at the Company’s premises. The Company may however elect to deliver goods free into store or to the Purchaser’s carrier.
(b) The Purchaser shall inspect the goods immediately on the arrival thereof and shall within twenty-four (24) hours from such inspection give notice to the Company of any matter or thing by reason whereof he may allege that the goods are not in accordance with the contract. Such notice must be subsequently confirmed and received in writing by the Company within seven (7) days from receipt of goods. If the Purchaser shall fail to give such notice the goods shall be deemed to be in all respects in accordance with the contract and the Purchaser shall be bound to accept and pay for the same accordingly.
Unless agreed to the contrary in writing all freight, insurance and any associated charges connected with the Shipment, delivery and receipt of goods shall be paid by the Purchaser. The Company has the right to nominate the means of delivery unless agreed to otherwise in writing.
Goods supplied by the Company are guaranteed to be free from defects in materials and workmanship in accordance with the manufacturer’s warranty. This warranty does not cover the repair of any fault or the replacement of any defective part resulting from the negligence or malpractice of the Purchaser or his servants. The Purchaser shall not carry out any repairs to allegedly defective goods without prior written consent from the Company.
7. LIMITATION OF LIABILITY
(a) The Company and the Purchaser hereby agree that, to the extent permitted by law, in the event of any loss, damage or claim arising out of a breach of one or more of the consumer warranties and/or the manufacturer’s warranty, the liability of the Company is limited to the repair or replacement of the goods or the cost of such repair or replacement.
(b) Parts and labour for repair or replacement pursuant to sub-clause (a) herein shall be provided by the Company during normal working hours at the Company’s premises and the Company shall have -no liability for the cost of transportation of the goods to same.
(c) The Purchaser’s property under the Company’s custody or control will be entirely at the Purchaser’s risk as regards loss or damage thereto or thereby from whatever cause arising.
(d) The Company shall not be liable for and the Purchaser hereby releases the Company from any claim, action or liability for consequential loss or damage to persons or properly arising by reason of delays, non-delivery, defective materials or workmanship, negligence or any act, matter, conduct or thing done, permitted or omitted by the Company.
(e) All rejected or defective parts shall be the property of the Company to dispose of as it sees fit.
(f) The Company accepts no responsibility whatsoever for errors in dimensions, quantities, specifications or otherwise where orders for any goods are placed on the Company by the Purchaser otherwise than in writing.
(g) The Company accepts no responsibility for loss of or damage to or maintenance of secrecy with respect to any plans, drawings, samples or other materials supplied by the Purchaser to the Company.
At the discretion of the Company goods may be supplied for a predetermined period of time to a customer on the following basis:-
Trial and evaluation
These goods always remain the property of the Company unless the goods are subsequently purchased and fully paid for. Whilst in their care, Purchasers or Customers agree to take full responsibility for the goods supplied. Damages and losses must be paid for by the Purchaser/Customer and all costs related to delivery and return of the goods including freight, handling and Insurance must be paid for by the Purchaser/Customer. Goods not returned on or before the due date are deemed to be sold and must be paid for by the Purchaser accordingly.
9. RETURN OF GOODS
It is a condition of the sale of the goods that the Company is not obligated to accept in any case, the return of goods for credit. The following conditions relating to the return of goods for credit apply to all goods returned for this purpose with the prior approval of the Company.
(a) Prior arrangements must be made for all goods ‘to be returned for any reason. Authorisation must be: obtained from the Company in the form of a Goods Return Authorisation (GRA) number issued by the Company. Your request for credit or other documentation accompanying the goods must quote this GRA number. Any goods not accompanied by a GRA number will not be accepted for return.
(b) Where goods were originally supplied in a special manufacturer’s carton, any return shall be made in that original carton and the goods shall be returned in the original and unmarked condition, complete with any instruction sheets supplied.
(c) Unless agreed in writing to the contrary, all costs associated with the return of goods including outward and inward freight are the responsibility of the Purchaser.
(d) Goods supplied which have been specially brought in or manufactured to the Purchaser’s specification and are not normal stock standard products of the Company are not returnable under any circumstance.
(e) Any goods altered or damaged by the Purchaser cannot be returned for credit under any conditions.