TERMS & CONDITIONS OF SALE
In these terms and conditions SAS (Speedy Air Spares) and the customer, meaning the purchaser whose order for the purchase of SAS’ goods is accepted by SAS.
ACCEPTANCE OF BUYERS ORDER
These terms and conditions shall apply to every sale contract between SAS and the customer, and by SAS and the customer and any terms and conditions of the customers order deviating from or inconsistent with these terms and conditions are expressly excluded, obviated and rejected by SAS. This exclusion and rejection includes any statement by the customer that the Customer’s terms and conditions shall prevail nonwithstanding any stipulation by the customer regarding the manner of declaring such rejection. A contract shall only be concluded between SAS and Customer for the supply of goods when the order has been accepted by SAS. The terms of this provision 1 shall apply to every quotation or offer by SAS for the supply of goods.
All prices shall be ‘ex warehouse’ and shall not include insurance or delivery chyarges and SAS may invoice the goods sold at the SAS prices relevant to the goods ordered at the date of delivery of each order.
PROPERTY AND RISK
The risk of the goods sold shall pass to the customer when all or part of the goods are loaded for consignment at SAS’s premisis whether the carrier be employed or engaged by SAS or the customer. Notwithstanding anything contained herein, property in and legal tittle to the goods does not pass to ther customer until the payment for all debts owing to SAS by the customer has been received by SAS. Until such payment has been received by SAS the customer will store the goods separately and apart from its own goods and those of any other person in the company, SAS shall be entitled to retake posession of all goods delivered until all debts owing to SAS by the customer have been paid in full. The customer may resell any goods on normal comercial terms before SAS is paid in full provided that
a) The customer resells as principle and has no right to commit SAS to any contractual relationsahip or liability to any third party.
b) Subject to (a) as between SAS and the customer, the customer resells fiduciary agent and balee of SAS; and
c) The customer holds all rights to in respect of the resale proceeds on behalf of SAS and shall on request of SAS, asign any claim against any such third party for any unpaid debt. The customer hereby irrevocably appoints the directors of SAS for the time being as joint and several attorneys for the customer to sign any documents to give effect to such assignment, and
d) The customer holds the proceeds of any resale or insurance claim on trust for SAS until SAS has been paid in full for those goods which are subject to resale or insured loss.
Until payment of all debts owing to SAS by the customer, SAS may, and at its discresion without further notice and without predudice to any other of its rights retake posession of its goods and resell the same, or any of them, and may enter apon the customers premises by its servants or agents, for that purpose, without any liability on the part of SAS for loss or damage suffered as a consequence of such entry or retakiing posession if;
i There is a breach of any term of any contract between SAS and the customer or
ii The customer commences to be wound up or is placed under official management, or a receiver, or a receiver and manager or voluntary administrator is appointed in respect of the customer , its undertaking of propertyor any part thereof;
iii The customer parts with posession of the goods or any of them otherwise than by the way of sale to its customers in the ordinary course of business.
These provisions apply not withstanding any arrangement under which SAS provides credit to the customer and these provisions will prevail to the extent of any inconsistancy between these provisions and any other aggreement or arrangment entered into by the customer and SAS.
SAS may recover the purchase price of the goods sold to the customer by legal proceeding and may file an application for the appointment of a liquidator to the customer notwithstanding thaqt property in the goods has not passed to the customer.
All sales are made Free On Board at SAS’s premisis and the customer shall, at it’s own cost, insure the goods, in SAS’s name, against such risks a prudent owner would insure for at their full insurable value.
The customer shall pay for all goods before they are dispatched, no exceptions.
Cancellation of any contract of sale between the customer and SAS require approval in writing from SAS otherwise goods are delivered to the customer and SAS will be entitled to payment from the customer.
ACCEPTANCE OF CLAIMS
Acceptance of the goods delivered shall be deemed for all purpose to have taken place at the expiration of 30 days from the date of each SALE. No goods will be accepted for return unless agreed in writing by SAS prior to such return and then only upon conditions acceptable to SAS and at the customers entire risk as to loss or damage and provided the goods are in a sealed and re-saleable condition in which they were delivered. If the circumstances change whilst the goods are in transit to the customer, ie. the vehicle the parts were assigned to has been damaged, burnt, written off or removed from the road by an authoritatian entity, or cchange of mind, the return of goods will incurr a 20% re-stocking fee. There SAS agrees to accept goods for return, a service fee / restocking charge of 20% of the price of the goods shall be paid by the customer. SAS’s liability for a breach of any conditions or warranty implied by division 2 of part V of the trade practices act 1974 (other than a condition of warranty implied by section 69 of the act) is limited to such one or more of the following as SAS decides;
I. The replacement of goods or the supply of equivalent goods; or
II. The repair of goods; or
III. The payment of the cost of replacing the goods or the aquiring of equilvalent goods; or
IV. The payment of the cost of having the goods repaired.
If delivery is prevented or delayed, in part or all, by reason of Act Of God, or the consequence thereof, but not limited to fire, flood, cyclone, typhoon, earthquakes etc, or by reason of riots, wars, hostilities, government restrictions, trade embargoes, strikes, lockouts, labour disputes, boycotting of goods, ship shortage, manufacturers bankruptcy, delays or damage in transportationor other causes beyond SAS’s control. SAS may, at its option perform the contract or the unfulfilled portion thereof withing a reasonable time from the removal of the cause preventing or delaying performance, or rescind unconditionally and without liability, this contract or the unfulfilled portion thereof.
Where the customer places an order in writtin with SAS for non-stock items, SAS will NOT accept any return of non-stock items unless the manufacturer or supplier agrees to accept return from SAS. SAS may deduct transport, insurance, handling and restocking charges from the credit due to the customer.
SAS reserves the right to substitute some other make or brand with similar specifications if any item ordered by the customer is not available. If the customer is not happy with the substituted goods they may be returned to SAS for credit.
SAS may deliver the goods by instalments or partial shipment and the customer will accept each such delivery. Requirements of the customer shall not be a condition or the essence of the contract. SAS shall be under no liability for loss or damage either direct or consequential loss or damage to the customer arising for delay or postponement in delivery. SAS will ship worldwide and domestic, domestic goods will be shipped by Fastway Couriers or Australia Post, freight charges will be calculated using a Flat Rate Base Charge depending on the Country, State or Territory that the goods are going to plus a Per Kilo Weight charge thereafter pertaining to each Country, State or Territory. Visit http://www1.auspost.com.au/pac/ for more information. Domestic delivery usually takes 1 – 6 working days depending on the destination, International Air 7 – 14 working days and Sea freight up to 90 days. If the goods can not be dispatched for any unforeseen reason the customer will be notified within 2 working days and an option to back order, postphone or cancel the order will be discussed.
WARRANTY / RETURNS
Goods sold shall have the benifit of any warranty given by the manufacturerand will only be considered if return of the goods or any part of them is in accordance with the SAS’s warranty policy but SAS shall not be liable for any loss or damage either direct or consequentialy arising out of any defects arising from the use of the goods. Change of mind returns on individual parts will attract a 20% restocking fee and full A/C systems attract a 5% restocking fee and must be returned within 30 days of purchase otherwise returns will be rejected.
Clerical errors, typing or other errors in computations, catalogue, quotation, acceptance, offer, invoice, delivery docket, credit note or specification of SAS shall be subject to correction by SAS.
All modifications and amendments to these provisions or any approvals thereunder shall be under in writing by a duly authorised signatory, and if otherwise, shall not be binding upon SAS.
GOODS AND SERVICES TAX
All items unless specified are subject to the appropriate GST as applicable. Exemption of GST can only be granted when a respective exemption is confirmed in writing or an official order form or letterhead of the customer by a duly authorised officer of the customer.