Terms & Conditions of Trade
1. Definitions
1.1 Supplier means Maytronics Australia Pty Ltd
1.2 Customer means person, firm or corporation, jointly or severally if there is more than one, acquiring Goods from the Supplier.
1.3 Goods/Products means Goods supplied by the Supplier to the Customer
2. Overview
2.1 Unless otherwise agreed by the supplier in writing, the terms apply exclusively to every contract of sale from the Supplier to the Customer and cannot be varied or supplanted by any other terms and conditions, including the customer’s terms and conditions of purchase.
2.2 It is the customer’s responsibility to provide the Supplier with its specific requirements in relation to Goods.
3. Internet & Branding
3.1 The Customer must not offer the Goods for sale over the internet or directly through its website
3.2 All Maytronics and Maytronics product branding, pictures, images must be approved, in writing, prior to publishing
3.3 The Customer agrees to comply with the Supplier’s internet policy and the Supplier branding policy, which may vary from time to time.
3.4 Clause 3 must be included in all Customers terms and conditions of sale.
4. Pricing
4.1 Prices quoted for the supply of Goods exclude GST unless expressly stated, in writing, otherwise. In addition to paying the quoted prices, all customers must pay any additional taxes, duties or charges, including but not limited to GST.
4.2 The Supplier may alter prices at any stage. Such variation in pricing only applies to Goods that have not already been supplied to the Customer.
4.3 Where a separate agreement has been entered into between the Supplier and the Customer with fixed pricing periods, pricing will be in accordance with such agreements, with the exception of major changes in the cost incurred by the Supplier.
5. Delivery
5.1 The supplier will pay the cost of delivery to the Customer’s nominated address (excluding insurance) for all individual deliveries over $1000 in value in metro Brisbane, Sydney, Melbourne and Perth. All other deliveries in these areas shall attract a $25 freight and handling charge.
5.2 All deliveries outside this area shall be charged a freight and handling charge.
5.3 The Customer may arrange their own transport company and under such arrangement all costs for delivery shall be borne by the Customer, irrespective of where they are located.
5.4 Expected Delivery times – Metro areas 5 days. Regional areas 10 days
6. Delivery
6.1 Unless otherwise agreed in writing:
6.1.1 All payments for Goods must be made within 7 days from shipment of Goods from the Supplier’s premises. Time for payment shall be of the essence
6.1.2 The Supplier reserves the right to require full payment prior to delivery or upon delivery.
6.2.3 Cease supply of any further Goods or Services to the Customer
6.2.4 Terminate any other agreement with the Customer that may be in effect at the time.
7. Passing of Property
7.1 Until clear payments have been received in full by the Supplier from the Customer:
7.1.1 Title and property of all Goods remains vested with the Supplier and does not pass to the Customer
7.1.2 The Customer holds the Goods as bailee and agent for the Supplier
7.1.3 The Customer must hold the proceeds of any sale of the Goods on trust for the Supplier
7.1.4 The Supplier may, without notice, enter any premises where it suspects the Goods being held by the Customer as bailee may be and remove them, notwithstanding that they may have been attached to other Goods not the property of the Supplier, and for this purpose the Customer irrevocably licenses the Supplier to ent er such premises and indemnifies the Supplier from and against all costs, claims, demands or actions by any party arising from such action.
7.2 The risk of the Goods and all insurance responsibility for theft, damage or otherwise in respect of the Goods will pass to the Customer as soon as the Goods leave the Supplier’s premises.
7.3 All Goods are provided to Customers on the basis that Customers have obtained all appropriate licenses, permits or other regulatory authorisations under all relevant jurisdictions in relation to the Goods.
7.4 To the maximum extent permitted by law, the Customer assumes all risk and liability for loss, damage or injury to persons or property of the Customer or third parties arising from the installation or possession of any Goods sold by the Supplier, whether such Goods are used singularly or in combination with any other product or process.
7.5 In part consideration for the Supplier agreeing to supply the Goods to the Customer, the Customer hereby grants the Supplier a security interest in all of the Goods provided to the Customer pursuant to these Terms, and all of the Customers’ present and after-‐acquired property, as security for the Customer paying the purchase price of the Goods to the Supplier and the performance of the Customer’s other obligation under this clause 7.
8. Warranty
8.1 The Supplier warrants that the Products supplied to the Customer are free from defects in workmanship for a period of 12 months (unless otherwise indicated for specific products) from the date the products have been despatched from the Supplier’s premises.
8.2 Warranty only covers genuine manufacturer Products and specifically excludes (but not limited to) wear and tear, and faults in connection with incorrect installation, unauthorised modifications or repair, using the Products, for a purpose other than what they were intended, Customer misuse and where the Customer is in breach of these Terms and Conditions.
8.3 Warranty is provided by the Supplier once faulty Products are returned to the Supplier base (or Maytronics Authorised Warranty agent) in either Perth, Adelaide, Melbourne, Sydney, Brisbane. The Customer bears all responsibility and cost to ensure Goods are returned to the Maytronics Warranty Facility and where relevant back to the end user.
8.4 The Supplier reserves the right to charge, either in advance, or after wards for any inspection on Products that are found to not be requiring warranty repair.
8.5 Subject to the warranty in clause 8.1, the Supplier limits to the maximum extent permitted by law, the Supplier’s liability to:
8.5.1 replacing or repairing the Product or
8.5.2 payment of the cost of repairing the Product.
The Supplier is not responsible for any indirect or consequential damages, costs, loss of profits for the Customer or third parties.
9. Returns or Exchanges
9.1 The Customer may return or exchange unused Goods in its original packaging within 10 days of receiving them for a full reimbursement less all freight charges and less a 10% handling / administration charge.
9.2 The Supplier reserves the right to refuse to accept such returns under any circumstance, examples may include – superseded Products, Products altered or damaged, Products specifically provided for the Customer.
9.3 Products returned after 10 days may be returned to the Supplier, at the Supplier’s complete discretion. Such returns will attract a minimum 25% restocking and handling fee (plus all transport costs). Additional charges may apply depending on how long the Customer has been in physical possession of the Products.
10. Other
10.1 Force Majeure – The Supplier shall have no liability whatsoever under or in any way related to the sale and purchase of the Products or the failure of any obligation to the extent that such fulfilment is prevented by circumstances beyond its reasonable control including but not limited to industrial disputes, strikes, lock-‐outs, accident, break-‐down, import or export restriction, acts of God, acts of terrorism, acts of war.
10.2 The laws of Queensland, Australia shall prevail and be the relevant jurisdiction.
10.3 Failure of the Supplier to enforce any of the Terms shall not waive the right of the Supplier to enforce any or all of the Terms.