TERMS AND CONDITIONS
ABLE PRODUCTS Pty Ltd (ACN 126 217 070)
Able Products means Able Products Pty Ltd (ACN 126 217 070);
Agent means the authorised agent to market the Goods as appointed by Able Products;
Agreement means these Customer Terms and Conditions of purchase;
Consumables includes but is not limited to batteries, printer cartridges, paper rolls and products supplied for remote application;
Customer means the person/business or company specified in the Invoice;
Goods means the goods provided by Able Products to the Customer;
Guarantor means the guarantor/s (if applicable) as described on page 2 of these Terms and Conditions; Invoice/s means any tax invoice or invoices issued by Able Products to the Customer for payment of the Goods;
Manufacturer Conditions mean any conditions by the manufacturer of the Goods which will be attached to this Agreement or otherwise provided to the Customer;
Order Number means an official order number issued by Able Products to the Customer for any repair or replacement of the Goods under this Warranty;
Purchase Order means the Customer’s written order for the Goods as provided to Able Products or the Agent;
Purchase Price means the purchase price for the Goods inclusive of GST as specified within the Invoice; and
Warranty means the Warranty provided by Able Products to the Customer in accordance with these Terms and Conditions.
- AGREEMENT TO PROVIDE GOODSThe Agent has, on behalf of Able Products, offered and the Customer has agreed to accept the Goods under the terms and conditions of this Agreement.
- PURCHASE PRICE AND PAYMENT
- 3.1 Purchase Price and PaymentThe Customer Agrees to pay the Purchase Price to Able Products within thirty (30) days of the date of the Invoice and by the payment method specified on the Invoice.
- 3.2 Interest on Overdue Monies
Interest on an overdue Invoice may be charged by Able Products at 15% per annum calculated on a daily basis for each day the Invoice remains overdue.
- 4.1 Able Products will use its best endeavours to deliver the Goods in accordance with any estimated time frame noted within the Invoice.
- 4.2 Able Products’ inability to provide the Goods in accordance with any estimated time frame will in no way beach this Agreement.
- RETENTION OF TITLEOwnership of the Goods does not vest in the Customer until the Purchase Price is paid in full.
- RE-SELLINGThe Customer is authorised to re-sell the Goods.
- BREACH AND TERMINATION
- 7.1 This Agreement may be terminated by Able Products in the event that the Customer does not pay the Invoice on the date it falls due or if the Customer fails to pay any demand for interest on overdue monies.
- 7.2 In the event of termination the Customer will deliver immediately or make available immediately, whichever is required by Able Products, the Goods for Able Products’ repossession.
- COSTS OF BREACH AND TERMINATIONThe Customer shall indemnify Able Products for all costs and expenses incurred, including legal fees, in connection with the Customer’s breach of this Agreement or the termination of this Agreement as set out in clause 7 of this Agreement.
- GUARANTEEThe Guarantors agree to guarantee the obligations of the Customer under this Agreement and will fully indemnify Able Products against any damage or costs incurred by Able Products as a result of the Customer’s breach of this Agreement.
- 10.1 The Warranty will commence on the date of the Invoice for the Goods.
- 10.2 Subject to the exclusions specified in clause 12 and the Customer meeting its obligations specified in clause 13 Able Products warrants the Goods described below to be free from defects in material and workmanship for Two (2) years. Able will replace or repair, free of charge, any goods or component part thereof found to be defective, in its reasonable opinion, through faulty workmanship of materials, including all labour costs.
- 10.3 If the Customer wishes to make a warranty claim for the Goods it must submit a written claim to Able Products. The claim must include a copy of the Invoice for the defective Goods, the Customer name, phone number, address, model number, serial number, date of sale and a description of the alleged defect.
- 10.4 If Able Products approves a Warranty claim it will issue an Order Number to the Customer.
- 10.5 If Able Products authorises the Customer to return the Goods or any part of the Goods under the Warranty the Customer shall return the same to Able Products with the record of the model number, serial number and return Order Number.
- 10.6 All transportation costs for return Goods shall be prepaid by the Customer.
11. LIMITATION OF WARRANTY
- 11.1 The Warranty will only apply if the Customer has paid all outstanding Invoice/s.
- 11.2 At Able Product’s discretion, this Warranty is limited to:
- a) the repair of the Goods;
- b) payment of the cost to have the Goods repaired;or
- c) the supply of replacement or equivalent Goods.
This Warranty does not authorise the Customer to engage any third party to undertake repairs to the Goods.
- 11.3 Able Products will not be liable for any consequential damage which the Customer may suffer as a result of any defective Goods.
12. EXCLUDED FROM WARRANTY
12.1 The following is excluded from this Warranty:
- a) any Goods sold or used outside Australia;
- b) any defects to the Goods resulting from electricalpower failure, power surge, use of extension leads, low voltage, or voltage interference to the unit;
- c) improper operation of the Goods due to inadequate wiring;
- d) accidental damage including food/liquid damage;
- e) second-hand Goods;
- f) parts prone to wear and tear including, but notlimited to gaskets, hinges, handles, cabinet doors, counter drawers, refrigerant, liquid line dryers, shelves, tray slides, ladder rack and fixings, unit covers, castors and legs, electric and electronic
13.1 Parts such as control panels, resistances, electric bulbs, fuses, keys, glass, filters, mains plugs and leads, hose connections, blocked drains and Consumables;
- g) damage caused by misuse, neglect, alteration, transportation, fire, accidental damage, floods or any other acts of God;
- h) any damage to the Goods including dents or scratches caused during transportation which may be concealed by packaging;
- i) any claim for any indirect damages or loss of profit that the Customer may suffer arising out of or caused by the defective Goods;
- j) the travel and freight costs incurred by Able Products in the event that Able Products is required to attend a different location to undertake the Warranty work from where the Goods were initially delivered; or
- k) where Able Products is unable, despite all reasonable efforts, to secure the services of a suitably qualified local technician to carry out the Warranty work.
In the event that, in the reasonable opinion of Able Products, the Customer has not performed one or more of its obligations noted below then Able Products may deem this Warranty void. In order to maintain the Warranty the Customer must:
- a) ensure that the Goods are only used for their intended purpose;
- b) must not remove the serial number tag from the Goods;
- c) clean and maintain the Goods in accordance with any instructions provided upon the purchase or installation of the Goods; Refer to User Manual for Instruction and Maintenance requirements
- d) only engage qualified technicians to service and /or Maintain the Goods and ensure the said party is pre-approved in writing by Able Products
- e) must make a written Warranty claim to Able within seven (7) days of the actual fault being indentified; and
- f) send the faulty components or goods to Able free of charge together with a document specifying the serial number and invoice number of the equipment they refer to.
14. GENERAL PROVISIONS
14.1 Credit Application – If the Customer has made a credit application with Able Products which has been approved by Able Products then the terms and conditions noted on the credit application form part of this Agreement
14.2 Manufacturer Conditions – The Manufacturer Conditions form part of the Agreement.
14.3 Proper Law and Jurisdiction – This Agreement is governed by and construed under the law of the State of Western Australia. Any legal action in relation to this Agreement may be brought in any court of competent jurisdiction in the State of Western Australia.
14.4 Severability – Any provision of this Agreement which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction.
14.5 Variation – Any amendment or variation to this Agreement has no effect unless effected by a document executed by the parties.
14.6 Force Majeure – Whilst Able Products agrees to make prompt delivery of the Goods to the Customer so far as reasonably possible, the Customer releases Able Products and the Agent from any liability to fulfill a Purchase Order due to an inability to procure material or parts, or failure to deliver due to delays caused by floods, fire, strikes, accidents, war, acts of God, insurrection or shortages of labour, material or transportation or any cause being out of the control of Able Products.