1. These Terms and Conditions of Sale apply to all Contracts for the sale of Goods by Hermosa Lighting Pty Ltd ("Supplier"). Any amendments to these Terms & Conditions of Sale must be done so in writing by Hermosa Lighting Pty Ltd.
2. Prices are determined at the time of order enquiry and is subject to GST. Where a Customer specific price list has been issued then prices are subject to change with 30 days notice.
3. Quotations given are valid for the period specified on the quote. Orders relating to a quotation must make reference to the quotation number provided at the time of quote.
4. Payments - All accounts are payable thirty (30) days from end of month and are to be made to the Supplier without any deduction or discount unless otherwise agreed to in writing by the Supplier.
4.1 Credit facilities may be withdrawn on overdue accounts until such time as payment is received in full.
4.2 An account keeping fee is payable on all overdue accounts at the rate of 1.5% per month as from the date due for payment until payment is received by the Supplier.
5. The Supplier supplies Goods on the condition that;
5.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid for in full and all monies payable pursuant to this contract (including any interest, freight or insurance charged) have been paid to the supplier. Goods shall be at the customers risk immediatley upon delivery.
6. The Supplier reserves the right to deliver the Goods in whole or in instalments.
6.1 Any failure on the part of the Supplier to deliver instalments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.
7. The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.
7.1 The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.
8. Unless the Customer has inspected the Goods and given written notice to the Supplier within seven (7) days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
9. No order may be cancelled, modified or deferred without the prior written consent of the Supplier (which is at the Supplier's sole discretion). If consent is given that Goods are to be returned to the Supplier then goods must be returned in good order and condition and in original packaging at the Customers expense. A re-stocking fee of up to 20% of the invoice price of the Goods will apply.
10. These Terms and Conditions of sale do not affect the rights, entitlements and remedies covered by any Act.
10.1 The Supplier is not subject to, and the Customer releases the Supplier from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. Terms and Conditions of sale (Page 1/2) HERMOSA LIGHTING PTY LTD
10.2 If any statutory provisions under any Act or any other statute apply to the Contract between the Supplier and the Customer then, to the extent to which the Supplier is entitled to do so, the Suppliers liability under the statutory provisions as prescribed in sub-regulation 90(2) regarding consumer guarantess is limited, at the Supplier’s option, to: (a) replacement or repair of the Goods or the supply of equivalent Goods; or (b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods within thirty (30) days from receipt of any claim; and in either case, the Supplier will not be liable for any consequential loss or damage or other direct or indirect loss or damage.
11. All Goods manufactured or sold by the supplier are warranted against faulty materials and/or workmanship for a period of twelve (12) months from date of delivery except for lamps.
11.1 The warranty set out in paragraph 11 is subject to the following conditions.
11.2 A proof of purchase will be required at time of warranty claim.
11.3 Goods must be handled with care, and used under normal operating conditions.
11.4 All products sold by the Supplier must be installed by a licensed electrician.
11.5 On discovery of any defect in the Goods, the Customer must immediately notify the Supplier in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Supplier to do so.
11.6 The provisions of any act or law implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.
11.7 For further information on making a warranty claim contact; Hermosa Lighting Pty Ltd, 14-16 Abel Street Penrith NSW, 2750, Phone: 02 4732 1948 Fax: 02 4732 3277 Email: firstname.lastname@example.org
12. The Customer expressly acknowledges and agrees that it has not relied upon, and the Supplier is not liable for any advice given by the Supplier, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
13. The terms of the Contract are wholly contained in these Terms and Conditions of Sale and any other writing signed by both parties. The Contract is deemed to have been made as soon as an order is placed by the Customer.
14. In any of the circumstances referred to in clause 5 the Customer: (a) authorises the Supplier by itself, its agents or representatives at all reasonable times, on any premises where the Goods are located in order to collect the Goods, without being guilty of any manner of trespass.
15. The Supplier will not be liable for any breach of Contract due to any matter or thing arising beyond the Supplier's control.
16. Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Supplier, which is at the Supplier's absolute discretion.
17. If any provision contained in these Terms and Conditions of Sale is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
18. These Terms and Conditions of Sale and any Contract shall be governed by the law of New South Wales and the parties submit to the courts of New South Wales in respect of any dispute arising.