Hilti Australia
131 292
Terms and Conditions
| 1 GENERAL In these Terms and Conditions of Sale: We or us means Hilti (Aust.) Pty Ltd, ABN 44 007 602 100, Level 5 Building G, 1 Homebush Bay Drive, Rhodes NSW 2138; You means any person, firm or company placing an order with us for the purchase of goods; Goods means goods merchandise and service supplied to you by us. All orders you place with us are subject to these Terms and Conditions of Sale. Your order represents an offer to us to purchase goods which is accepted by us when we dispatch the goods to you. All prices are current at the date of invoice and subject to change without notice. 2 PAYMENT Payment is due in accordance with the particulars stated on your invoice. You are not entitled to withhold payment due to an account query, dispute or set off unless approved by us. If you fail to make payment in accordance with this clause, all amounts owed to us shall immediately become due and payable. We shall be entitled to claim from you all costs, expenses and charges incurred to recover monies or goods due from you. 3 DELIVERY All deliveries will incur a minimum delivery charge of 10 AUD with the exception of repair orders and back order deliveries, which are part of an original order that has been partly fulfilled. Any date or time quoted for delivery is an estimate only. Any failure or delay in supply or delivery of the goods shall not confer to you any right of cancellation or refusal of delivery or render us liable for any loss or damages directly or indirectly sustained by you as a result thereof. Our obligation to deliver shall be discharged on arrival of the goods at your nominated delivery destination or the address appearing on the invoice. Particulars appearing on our delivery docket and any substantiating driver's dockets shall constitute prima facie evidence of date, time and place of delivery, whether or not the documents were signed. 4 INSPECTION You shall examine the goods immediately after delivery. If the goods do not correspond with the description of them on the delivery note or invoice or are defective, please call customer service on 131 292. Provided that the goods are preserved intact and are returned to us in the same condition as that in which they were delivered, we shall at our discretion replace those goods or reimburse you for the amount of the purchase price paid for them. Any claim in this respect must be made within ten (10) business days of the date of delivery of those goods. You agree that failure to notify us within ten (10) business days will be deemed acceptance of the goods as satisfactory and you will have no further claim on us. 5 RETURNS If you want to return goods to us please call customer service on 131 292. Goods must be unused items in original packaging and in unbroken quantities and in as-new condition to qualify for return. Goods shall only be accepted for return with our approval and are subject to our inspection and acceptance on return. Any goods subject to an expiry date, special order products and discontinued items shall not be accepted for return. 6 PROPERTY AND RISK Property in any given goods shall remain with us until you have paid and discharged any and all other indebtedness to us on any account whatsoever, including all applicable sales taxes and other taxes, levies and duties. The risk in the goods shall pass to you upon delivery to you, your agent or to a transport company nominated by you. You acknowledge that you are in possession of the goods solely as a bailee for us until payment has been made in full and until such payment you shall be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery. You hereby irrevocably grants us, our agents and servants an unrestricted right and licence without notice to enter premises occupied by you to identify and remove any of the goods in our property in accordance with these Terms and Conditions of Sale without in any way being liable to you or any person claiming through you. We shall have the right to sell or dispose of any such goods removed or otherwise in our sole discretion and shall not be liable for any loss occasioned thereby. 7 UNCOLLECTED GOODS If you fail to pick up goods at your nominated delivery destination or the address appearing on the invoice we endeavour to contact you with the details you have provided to us. If we are unable to contact you at your last known address or phone number or you do not pick up and make payment in full for the goods within three months from the time of delivery we reserve the right to dispose of these goods without rendering us liable for any loss or damages directly or indirectly sustained by you as a result thereof. 8 WARRANTY AND LIMITATION OF LIABILITY Apart from requirements of any legislation, our liability for breach of any duty of care shall be limited to the replacement, supply, repair or direct financial compensation for replacement goods, and we will not be liable in respect of or arising out of or in connection with any special consequential direct or indirect loss, damage, harm or injury suffered or incurred by you. Any warranty supplied with goods to you shall be subject to payment in full in accordance with the particulars stated on your invoice. Nothing herein or in any warranty given by us shall impose any liability on us in respect of any defect in the goods arising out of acts, omissions, negligence or default of you, your agents or servants including without limitation any failure by you to comply with our recommendations as to storage, handling, use, or servicing of the goods. Except as provided for in the conditions of the warranty supplied with the goods, any warranties including without limitation those of satisfactory quality or of fitness for a particular purpose (even if that purpose is made known expressly or by implication) are hereby excluded. 9 TERMINATION If you fail to comply with our Terms and Conditions of Sale or being a natural person or persons commit any act of bankruptcy, or being a corporation pass a resolution for winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or administration or enter into any composition or arrangement with creditors of if a receiver or manager or administrator is appointed for any property or assets of you or become liable to be wound up by reason of insolvency or if any petition is presented for your winding up, or if a liquidator or provisional liquidator or administrator is appointed, we may, in addition to exercising all or any of our rights against you, suspend any further deliveries and immediately recover possession of any goods not paid for, and all amounts owed to us shall immediately become due and payable. 10 GOVERNING LAW You agree that these Terms and Conditions of Sale shall be construed according to the laws of the State or Territory as we may in our sole discretion determine. Proceedings may be instituted in such State or Territory as we may in our sole discretion determine. Failing such determination you consent to any proceedings being instituted and heard by any appropriate Court sitting in the State of New South Wales applying the laws of the State of New South Wales. These Terms and Conditions of Sale do not exclude, restrict or modify the application of any provisions of any Commonwealth, State or Territorial Law which by law cannot be excluded, restricted or modified. We value your business and welcome your call to 131 292 or e-mail to serviceaustralia@hilti.com for all your needs whether it concerns additional information or goods, repair and maintenance, changes or queries regarding your account or any failure to live up to your expectations. |