Standard Terms and Conditions of Sale
1. DEFINITION OF TERMS
- Renwhit Renwhit Pty Ltd.
- Buyer Person, Body, Firm or Company with whom Renwhit has entered into a contract to supply Goods and/or Services
- Goods Air Conditioning Units, Parts and other items as detailed in the relevant Renwhit Price Book or Invoice.
- Services Items such as Labour warranty, Parts warranty, contract Labour, Delivery Costs etc included in Invoices.
- Conditions The Standard Conditions of Sale.
The granting of a 30-day credit account by renwhit to the Buyer shall be understood to be an agreement for the buyer to purchase goods and services from Renwhit at an agreed amount. The buyer also understands that this agreement places responsibility on the buyer to fully reimburse Renwhit for the value of those goods and services 30 Days from end of month of issue of an Invoice for the supply of the agreed goods and/or services. All goods and services sold by Renwhit to the buyer are according to the following,
- These Conditions govern every contract for the sale of goods and/or services between Renwhit and the Buyer.
- No alterations or changes to these conditions whether included in the Buyers Purchase Order or any other document will be accepted.
- These Conditions replace any other Conditions of Sale previously supplied or inferred between Renwhit and the Buyer.
3. PRICE AND VARIATION
- Unless stated in writing or quoted to the contrary, the price for goods shall be as per the relevant and/or latest price book as issued by Renwhit, at the time of supply.
- Sales Tax, and/or import duty is included in the price book or quoted amount. Any variations if due to amendments of any relevant acts or changes to classifications or interpretations of such acts shall be added to the amount to be paid by the buyer.
4. QUOTATIONS AND ORDERS
- Any quotation is firm for a period of thirty days. After 30 days from date of submission Renwhit reserves the right to revue or withdraw a quotation at any time.
- Prices quoted pertain to that quotation only and can not be used for any other purchase, contract or increase in quantity.
- Receipt of the Buyers order shall not bind Renwhit to supply such goods and services until after revision of all facts pertaining to such order. Renwhit reserves the right to return any order to the buyer and not fulfil such order.
5. PAYMENTS AND ACCOUNTS
- All payments shall be to the amount as specified in the invoice without deduction or with-holding of any amounts of any kind for any reason/s not agreed to in writing by Renwhit prior to acceptance of any order.
- Payments by any buyer with an authorised credit account shall be 30 days from end of month of issue of the invoice.
- Where a buyer is continually overdue on payment of accounts or does not comply with the conditions of sale Renwhit reserves the right to remove credit facilities from that buyer. Any future purchases will be by cash only at the discretion of Renwhit.
- Renwhit reserves the right to refuse any buyer an account or cash sale at its own discretion.
- Renwhit reserves the right to charge a default charge on an overdue payment at an annual interest rate 2.5% above the advertised Commonwealth Bank of Australia Corporate Overdraft Reference Rate.
6. CREDIT FACILITY
- Renwhit reserves the right to establish, limit or adjust the value of the credit facility of the Buyer according to the information supplied by the buyer at time of application, by information acquired from other credit suppliers and from the payment history of the buyer.
- In instances of large purchases, or other special circumstances, Renwhit may request the Buyer to provide a personal guarantee or enter into other forms of payment before the acceptance of an order or supply of goods.
7. RETENTION OF TITLE
- All goods shall remain the property of Renwhit until payment is received in full.
- Should payment not be received within 60 days for any invoiced goods, or any payment received by cheque that has not been cleared, Renwhit has the right to take repossession of the goods from any site, store, warehouse or installation.
- If goods are repossessed, Renwhit shall not be held responsible for any damage or alteration to pipe-work, ducting or other parts of an installation of which the goods are a component.
- The buyer agrees permission to Renwhit to enter any premise, on which such goods are installed or stored, for the purpose of repossession.
8. FREIGHT AND INSURANCE
- All prices are quoted ex warehouse.
- Renwhit will arrange, at the request of, and on behalf of the buyer, delivery to the buyer's premises and charge delivery costs accordingly.
- Risk in the goods will be the responsibility of the buyer once goods are loaded onto transport at the Renwhit premises.
- Any arranged or indicated delivery dates or times for goods and services are made in good faith with the buyer. Renwhit shall not be liable for any costs incurred by the buyer due to loss, damage or delay in the delivery of such goods and services due to any circumstances.
- Delivery dates shall not be varied after agreement at time of order. Any delay requested by the buyer shall be considered, if however such delay exceeds 4 working weeks Renwhit may at its discretion invoice the client for the goods or adjust the agreed price to include any incurred costs.
- Should the client not accept 8.5 above after a period of 8 weeks from the requested delivery date Renwhit reserves the right to cancel the order and dispose of the goods to other buyers.
9. CLAIMS FOR DAMAGE OR ERRORS
- The buyer shall inspect all goods upon delivery for damage to goods, quantity or design. Renwhit will not be liable for any claim on delivered goods unless the buyer submits within seven days of the delivery, a written detail to which the claim relates.
- Renwhit goods are warranted for defects in materials and
workmanship for a period as stipulated. Warranty period commences
from date of Renwhit warehouse dispatch.
- For units under 18kW installed in a residential application and regularly maintained (invoiced maintenance sheets may be requested) shall be for 5 years.
- For units sold with parts and compressor warranty only, labour warranty will not apply.
- For units under 18kW installed in a non-residential application and regularly maintained shall be for 2 years (invoiced maintenance sheets may be requested)
- For units over 18kW the warranty period shall be for 12 months materials only.
- Warranty labour may be offered on units and purchased at the buyer's discretion. Where the buyer does not purchase warranty labour parts only will be supplied.
- Should the buyer install the goods, or have the goods installed
not in accordance with the Renwhit installation manual, or good
industry standards warranty of goods shall not be the responsibility
of Renwhit and shall revert to the buyer. Renwhit requires all
new product to be installed and commissioned by a Arc licensed
(Green Card Holder)and accredited tradeperson.
- Warranty shall not be extended to goods for damages, direct or inconsequential losses or injuries through misuse or inability to use the goods, abuse, neglect, and damage by fire, flood, abrasion, erosion, corrosion, energy supply, foreign materials, or extremes of the enviroment.
- Refrigerant loss shall not be included in warranty except where in the opinion of Renwhit or its representative such loss is directly attributed to a manufacturing fault.
- Warranty repairs are for breakdown or product rectification only and are available only during normal business hours. Travel time for warranty calls is restricted to one hour only or 100km distance, which ever is the lesser.
- Warranty will not apply to goods if the buyer is in breach of any credit account conditions, or is declared bankrupt, insolvent or appoints a receiver or has a manager appointed because of insolvency and the goods have not been paid for.
11. RETURN OF GOODS
- The buyer may return goods within 7 days of delivery only after conferring with and receiving permission from the nearest Renwhit sales office.
- A credit for the return of any goods shall not be raised unless the goods are returned in the original condition and packagings.
- Any goods returned must be at the buyer's expense.
- Renwhit reserves the right to charge a cancellation fee of no more than 10% of the purchase price.
- The buyer may cancel in whole or part any order only after conferring with the nearest Renwhit office.
- Renwhit reserves the right to charge the buyer for any extra-ordinary expenses incurred by Renwhit relating to that sale prior to cancellation.
- Renwhit may cancel any order with the buyer without incurring liability if the buyer is in breach of any credit account conditions, is declared bankrupt, insolvent or appoints a receiver or has a manager appointed because of insolvency.
13. LAWS TO APPLY
- The laws of the State or Territory of Australia where the Renwhit office accepted any order or delivered any goods shall apply to the interpretation of these conditions and any matters arising from them.
- In the event of any dispute between Renwhit and the buyer the matter will be referred to an arbitrator appointed by mutual agreement of both parties, and failing agreement, then by negotiation between their legal representative or by the further action of the Renwhit legal representative.
15. LIMITATION OF LIABILITY.
- To the extent allowable in law, and subjected to any exceptions written or expressed in the conditions, Renwhit shall not be liable in any manner to the buyer for any perceived or actual loss, damage, expense, or claim incurred by the buyer or any other party resulting directly or indirectly from the supply of goods or services by Renwhit , the use of or performance of those goods or services, or any breach by Renwhit of any contract to supply goods or services incorporating these conditions.