Terms & Conditions of Sale

1. Interpretation
In these conditions:
(1) “Seller” means RMC Electrical Trading Pty Ltd which is the seller of goods.
(2) “Buyer” means the purchaser of the goods specified overleaf.
(3) “Goods” means the products and, if any, services specified overleaf.
(4) Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.

2. General
These terms and conditions shall prevail over all conditions of the Buyer’s order to the extent of any inconsistency. These terms and conditions can only be changed and/or waived in writing and accepted by the Seller.

3. Term of sale
The Buyer accepts and agrees that the goods and all other products sold by Seller are sold on these terms and conditions.

4. Seller’s quotations
Unless previously withdrawn, the Seller’s quotations are open for acceptance within the period stated in them or, when no period is so stated, within 7 days only after its date. The Seller reserves the right to refuse any order based on this quotation within 7 days after the receipt of the order.

5. Prices
(1) Unless otherwise stated all prices quoted by the Seller are net, exclusive of Goods and Services Tax (GST) and any additional credit card surcharges where payments are made using a credit card.
(2) The Seller reserves the right to make changes to the price of the goods or to any of their inputs either before acceptance of or during the currency of the contract should the Seller’s conditions change due to circumstances beyond the Seller’s control.

6. Payments
(1) The purchase price in relation to goods is payable net and payment of the price of the goods plus GST must be made on or before the delivery of the goods unless other terms of payment are expressly stated in these conditions in writing.
(2) Where the Seller has agreed to sell the goods to the Buyer on credit terms, then the Buyer must pay the purchase price in strict accordance with the credit terms as agreed by the Seller. Time for payment is of the essence.
(3) In the event that payment is not received by the Seller by the credit term due date, the Seller reserves the right to charge the Buyer interest at a rate of 2% per annum plus the rate for the time being fixed by Section 2 of the Penalty Interest Rates Act 1983 (Vic) on any money owing from the due date.

7. Packing
The cost of any special packing and packing materials used in relation to the goods are at the Buyer’s expense notwithstanding that such cost may have been omitted from any quotation.

8. Shortage
The Buyer waives any claim for shortage of any goods delivered if a claim in respect for short delivery has not been lodged with the Seller within seven (7) days from the date of receipt of goods by the Buyer.

9.Drawings, etc
(1) All specifications, drawings, and particulars of weights and dimensions provided by the Seller are approximate only and any deviation from any of these things do not vitiate any contract with the Buyer or form grounds for any claim against the Seller.
(2) The descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the goods or of the description applied to the goods.
(3) Where specifications, drawings or other particulars are supplied by the Buyer, the Seller’s price is made on estimates of quantities required. If there are any adjustments in quantities above or below the quantities estimated by Seller and set out in a quotation, then any such increase or decrease are to be adjusted on a unit rate basis according to unit prices set out in this document or in the quotation.

10. Performance
Any performance figures given by the seller are estimates only. The Seller is under no liability for damages for failure of the goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures.

11. Delivery & Risks
(1) The Buyer is responsible for arranging collection of the goods from the Seller’s warehouse unless the Seller has agreed to deliver the goods to the Buyer.
(2) Whilst the Seller will use reasonable endeavours to deliver the goods to the Buyer by the date specified, the delivery times made known to the Buyer are estimates only and the Seller is not liable for late delivery or non-delivery.
(3) The Seller is not to be liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery or late installation of the goods.
(4) The Seller may at its option deliver the goods to the Buyer in any number of instalments unless there is an endorsement overleaf to the effect that the Buyer will not take delivery by instalments.
(5) If the Seller delivers any of the goods by instalments, and any one of those instalments is defective for any reason:
a) it is not a repudiation of the contract of sale formed by these conditions; and
b) the defective instalment is a severable breach that gives rise only to a claim for a refund of the ordered goods.
(6) If the Buyer requests deliver by means other than the means normally used by the Seller, the Buyer must arrange and pay for all costs associated with the means of delivery requested by the Buyer.
(7) Risk in the goods passes to the Buyer at the time of delivery.
(8) Delivery of the goods shall be deemed to have been effected when the goods are unloaded from the delivery vehicle at the Buyer’s nominated place of delivery or placed on the Buyer’s nominated carrier’s vehicle.

12. Loss or Damage in transit
(1) The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to goods in transit caused by any event of any kind by any person (whether or not the Seller is legally responsible for the person who caused or contributed to that loss or damage).
(2) The Seller must provide the Buyer with such assistance as may be necessary to press claims on carriers so long as the Buyer:
a) has notified the Seller and the carriers in writing immediately after loss or damage is discovered on receipt of goods; and
b) lodges a claim for compensation on the carrier within three (3) days of the date of receipt of the goods.

13. Guarantee
(1) The Seller’s liability for goods sold by it is limited to making good any defects by repairing the defects or at the Seller’s option by replacement, after the goods have been dispatched so long as:
a) the Buyer can provide the Seller with a Tax Invoice as proof of purchase;
b) defects have arisen solely from faulty materials or workmanship;
c) the goods have not received maltreatment, inattention or interference;
d) the goods have been installed properly in accordance with best industry practice and/or required by the law;
e) the goods must not have been changed or damaged in anyway;
f) the seals of any kind on the goods remain unbroken; and
g) the defective parts are promptly returned to the Seller at the Buyer’s own cost.
(2) If the goods are not manufactured by the Seller the guarantee of the manufacturer of those goods is accepted by the Buyer and is the only guarantee given to the Seller in respect of the goods. The Seller agrees to assign to the
Buyer on request made by the Buyer the benefit of any warranty or entitlement to the goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
(3) The Seller is not liable for and the Buyer releases the Seller from any claims in respect of faulty or defective design of any goods supplied unless such design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing. In any event the Seller’s liability under this paragraph is limited strictly to the replacement of defective parts in accordance with para 13(a) of these conditions.
(4) Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising out of the Seller’s negligence or in any way whatsoever.
(5) The Seller’s liability for a breach of a condition or warranty implied by any Australian law is limited to:
a) in the case of goods, any one or more of the following:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods;
4. the payment of the cost of having the goods repaired; or
b) in the case of services:
1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.
(6) The Seller’s liability under any Australian laws is expressly limited to a liability to pay to the Buyer an amount equal to:
a) the cost of replacing the goods;
b) the cost of obtaining equivalent goods; or
c) the cost of having the goods repaired, whichever is the lowest amount.

14. Rights in relation to goods
(1) Legal title to the goods does not pass to the Buyer until the goods have been fully paid for by the Buyer.
(2) The Seller reserves the following rights in relation to the goods until all accounts owed by the Buyer to the Seller are fully paid:
a) ownership of the goods;
b) to enter the Buyer’s premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods; and
c) to keep or resell any goods repossessed pursuant to (ii) above. If the goods are resold, or products manufactured using the goods are sold, by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of the Seller and shall pay such amount to the Seller upon request. Notwithstanding the provisions above the Seller shall be entitled to maintain an action against the Buyer for the purchase price and the risk of the goods shall pass to the Buyer upon delivery.

15. Storage
The Seller reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the Buyer within seven (7) days of a request by the Seller for such instructions. The parties agree that the Seller may charge for storage from the first day after the Seller requests the Buyer to provide delivery instructions.

16. Returned goods
(1) The Seller is not be under any duty to accept goods returned by the Buyer and will do so only on terms to be agreed in writing in each individual case.
(2) If the Seller agrees to accept returned goods from the Buyer under para (a) of this clause, the Buyer must return the goods to the Seller at its own cost and delivered to the Seller’s place of business referred to on the Seller’s Tax Invoice.

17. Goods sold
All goods to be supplied by the Seller to the Buyer are as described on the purchase order agreed by the Seller and the Buyer and the description on such purchase order modified as so agreed prevails over all other descriptions including any specification or enquiry of the buyer.

18. Cancellation
No order may be cancelled except with consent in writing and on terms which will indemnify the Seller against all losses.

19. Place of contract
(1) The contract for sale of the goods is made in the state or territory of Australia from which this document is issued.
(2) The parties submit all disputes arising between them to the courts of such state or territory and any court competent to hear appeals from those courts of first instance.

RMC ELECTRICAL TRADING PTY LTD 
ABN: 63 639 860 898
ISSUE / UPDATE: APRIL 2023

Get quality electrical accessories at affordable prices.

At RET Electrical Supplies we only offer the highest quality Australian standard electrical accessories delivered fast.

Call > 0415 267 627

or Shop Online with Confidence.

SHOP NOW