1 – PARTIES
The Supplier: Right Choice Coatings & Sealers Pty Ltd, ABN 65 627 784 990. The Customer: You as a purchaser.
2 – DEFINITIONS
2.1. The Supplier is Right Choice Coatings & Sealers Pty Ltd, ABN 65 627 784 990.
2.2. The Customer is the party or any person acting on behalf of and with the authority of the Customer that the Order is provided for.
2.3. The Guarantor is the person(s), or entity, who agrees to be liable for the debts of the Customer.
2.4. The Order shall be defined as any request for the provision of Goods by the Customer with the Supplier which has been accepted by the Supplier.
2.5. The Purchase Order shall be defined as an official order submitted by the Customer upon request for the provision of Goods, detailing the order number and describing the Goods requested.
2.6. The Goods are the products and/or components provided by the Supplier.
2.7. The Price is the amount invoiced for Goods supplied.
2.8. Indirect, Special or Consequential loss or damage includes i) any loss of income profit or business; ii) any loss of good will or reputation; iii) any loss of value of intellectual property.
2.9. Invoices include invoices for Goods supplied, provided, or both.
3 – GENERAL
3.1. These Terms and Conditions together with the Supplier’s written or verbal quotation and the Supplier’s Credit Application form this Agreement.
3.2. Any Order requested by the Customer is deemed to be an Order incorporating these Terms and Conditions notwithstanding any inconsistencies which may be introduced in the Customer Order or acceptance unless expressly agreed to by the Supplier in writing. In the event that an inconsistency exists and/or arises it is acknowledged between the parties that these Terms and Conditions will prevail.
3.3. No subsequent correspondence or document or discussion shall modify or otherwise vary these Terms and Conditions unless such variation is in writing and signed by the Supplier.
3.4. The Terms and Conditions are binding on the Customer, his heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
3.5. In these Terms and Conditions, the singular shall include the plural, the masculine shall include feminine and neuter and words importing persons shall apply to corporations.
3.6. Where more than one Customer completes this agreement each shall be liable jointly and severally.
3.7. If any provision of these Terms and Conditions shall be invalid, void illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these Terms and Conditions.
3.8. The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent but the Supplier acknowledges that it remains at all times liable to the Customer.
3.9. The failure by the Supplier to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s right to subsequently enforce that provision.
3.10. The Customer acknowledges that the Supplier may use these Terms and Conditions on its website and that it may provide notice to the Customer of any amendments. In this event, the Terms and Conditions on the Supplier’s website shall apply to any future dealings as between the parties and the Customer is deemed to have notice of any such Terms and Conditions and/or amendments.
4 – PLACEMENT OF ORDERS
4.1. Orders placed by the Customer with the Supplier will be considered valid when placing the Order online.
4.2. All prices are based on taxes and statutory charges current at the time of the Quotation. Should these vary during the period from the date of the Quotation to the date of the invoice, the difference will become the responsibility of the Customer and the Customer will be invoiced for the extra charge by the Supplier.
5 – PRICE
5.1. At the Supplier’s sole discretion the Price shall be either:
5.1.1. As detailed on invoices provided by the Supplier to the Customer in respect of Goods supplied.
6 – SUPPLY AND DELIVERY OF GOODS
6.1. The Supplier reserves their right to:
6.1.1. Decline requests for any Goods requested by the Customer.
6.2. Delivery of the Goods shall be deemed to take place upon receipt of payment and will be delivered to the Customer by the carrier as nominated by the Supplier.
6.3. Default method for delivery is “Authority to leave”. If the Customer fails to make all arrangements necessary to receive delivery of the Goods, the Customer may be liable, at the discretion of the Supplier, for a Redelivery Fee. The Supplier is unable to deliver to PO boxes..
6.4. The Supplier does not warrant that it will be capable of providing the Goods at specific times requested by the Customer. Shipping times can vary due to a number of factors. Any delivery date or time specified is an estimate only and the Supplier will not be liable for any loss or damage affecting the Customer through any reasonable or unavoidable delay in delivery. The Supplier is unable to accept responsibility for freight delays on behalf of courier services.
6.5. Subject to otherwise complying with its obligations under this agreement, the Supplier shall exercise its independent discretion as to its most appropriate and effective manner of providing the Goods and of satisfying the Customer’s expectations of those Goods.
6.6. In the discharge of its duties, the Supplier shall comply with all reasonable resolutions, regulations and directions of the Customer that may lawfully be given from time to time as to the nature and scope of the Goods to be provided.
6.7. Nothing in the above clause shall effect the Supplier’s right to exercise its own judgment and to utilise its skills as it considers most appropriate in order to achieve compliance with the said resolutions, regulations and directions or otherwise with its obligations under this agreement.
6.8. The Supplier may agree to accept the return of products within 7 days of purchase, from the Customer at its own discretion, if the product is deemed faulty. In this event, the Customer will be required to notify the Supplier via email. If the Supplier agrees to the return, the product will be tested and if proven faulty the Customer will be reimbursed the cost of the product. All costs incurred in returning the product shall be borne by the Customer. Under no circumstances will the Supplier reverse an online order due to change of mind or cancellation of project.
7 – PAYMENT POLICY
7.1. The Customer must make full payment of the online order before dispatch of the Goods.
8 – GOODS AND SERVICES TAX
8.1. GST refers to Goods and Services tax under the Goods and Services Act 1999 (“GST Act”) and terms used herein have the meanings contained within the GST Act.
8.2. It is hereby agreed between the Customer and the Supplier that the consideration for the Supplier expressed in this agreement is exclusive of the Supplier’s liability of GST.
8.2.1. On sale:
220.127.116.11. The Customer will pay to the Supplier, in addition to the total purchase Price, the amount payable by the Supplier of GST on the taxable supply made by the Supplier under this agreement;
18.104.22.168. The Supplier shall deliver to the Customer a Tax Invoice for the supply in a form which complies with the GST Act and Regulations.
9 – RISKS AND LIABILITY
9.1. The Customer will ensure when placing Orders that there is sufficient information to enable the Supplier to execute the Order.
9.2. The Customer is responsible for ensuring that the Supplier is made aware of any special requirements pertaining to the Order and that the Supplier relies upon the integrity of the information supplied to it.
9.3. The Supplier takes no responsibility and will not be liable for any damages or costs resulting in the Goods being faulty as a consequence of insufficient information provided by the Customer.
9.4. The Supplier takes no responsibility for representations made in relation to the Goods or any delay in the delivery of the Goods made by a third party or third party manufacturer.
9.5. The Customer acknowledges that the Supplier shall not be liable for and the Customer releases the Supplier from:
9.5.1. Physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of supply, layout, assembly, installation or operation of the Goods.
9.6. Except as provided in these conditions all express and implied warranties, guarantees and conditions under statute or general law as to merchantable quality, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, or workmanship or otherwise is expressly excluded.
10 – WARRANTIES FOR GOODS
10.1. The warranty for Goods supplied shall be the current warranty provided by the manufacturer of the Goods. The Supplier shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
10.2. The Customer agrees to be responsible for all amounts owing to the Supplier in the event that any Goods are supplied on the basis of the manufacturer’s warranty and it subsequently becomes void or inapplicable.
10.3. Warranty for Goods shall only cover the cost of Goods. The Customer acknowledges that additional costs incurred, such as labour and/or freight, must be borne by the Customer.
11 – TERMINATIONS AND CANCELLATION BY SUPPLIER
11.1. The Supplier may cancel any Order to which these Terms and Conditions apply or cancel delivery of Goods at any time before the Goods are delivered provided by giving written notice to the Customer. On giving such notice the Supplier shall repay to the Customer any sums paid in respect of the Price. The Supplier shall not be liable for any loss or damage or consequential loss or damage whatever arising from such cancellation.
11.2. Any Order cannot be cancelled by the Customer unless expressly agreed to by the Supplier in writing.
11.3. In the event that the Customer refuses receipt of delivery of the Goods the Customer shall be liable for any loss incurred by the Supplier (including, but not limited to, any loss of profits, and delivery costs).
11.4. The Customer acknowledges that in the event of any breach of this Agreement/Order by the Supplier including indirect, special or consequential loss, the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price.
12 – SET-OFF
12.1. The Customer shall have no right of set-off in any suit, claim or proceeding brought by the Supplier against the Customer for default in payment.
12.2. The Customer acknowledges that the Supplier can produce this clause in bar of any proceeding for set-off.
13 – INSURANCE
13.1. The Customer is responsible to effect whatever insurance cover he requires at his own expense. Including but not limited to transit insurance. Goods are sold on an ex warehouse basis. The Supplier is not responsible for any damage to goods or loss of goods during delivery once the order has left the distribution outlet.
14 – AGREED USES
14.1. The Customer acknowledges that the Customer may forfeit any rights if any, he may have against the Supplier if:
14.1.1. The Goods are applied for any other use to which the Goods are not intended for and/or not in accordance with any applicable manual;
14.1.2. Any alteration to the Goods is carried out other than in accordance with intended alterations and/or the Goods are not repaired by an authorised repairer.
14.2. The Customer further acknowledges sole responsibility for any damage or injury to property or person caused by using the Goods in any way, which the Customer may forfeit their rights against the Supplier.
14.3. The Customer acknowledges that they have no relied on any representation or warranty from the Supplier with respect to the merchantable quality, description, quality, suitability or fitness of the Goods.
15 – JURISDICTIONS
15.1. This agreement is deemed to be made in the State of Queensland and all disputes hereunder shall be determined by the appropriate courts of Queensland.
16 – ENTIRE AGREEMENTS
16.1. The conditions set out in this agreement constitute the whole agreement made between the Customer and the Supplier.
16.2. This Agreement can only be amended in writing signed by each of the parties.
16.3. All prior discussions and negotiations are merged within this document and the Supplier expressly waives all prior representations made by him or on his behalf that are in conflict with any clauses in this document in any way.
16.4. Nothing in these Terms and Conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia. By Continuing to use and purchase from this site you are deemed to understand and agree to be bound by the Terms and Conditions set out herein.