Hilti Australia
131 292
Terms and Conditions
| TERMS AND CONDITIONS OF SALE These are the entire Terms and Conditions of Sale of all goods merchandise and services ("the Goods") supplied by Hilti (Aust.) Pty. Ltd. (ABN 44 007 602 100) hereafter referred to as "HILTI" to any person, firm or company placing an order with HILTI for the purchase of any Goods ("the Customer"). Except as otherwise expressly agreed upon in writing between a duly authorised officer of HILTI and the Customer, these Terms and Conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by any Customer. 1 GENERAL All orders placed with HILTI shall only be accepted subject to these Terms and Conditions. HILTI may at any time, and from time to time alter these Terms and Conditions of Sale and such altered Terms and Conditions of Sale shall apply after notification by HILTI to the Customer. 2 PRICES All prices shall be those referred to in HILTI's price lists and/or arrangements current at the date of invoice and prices shall be subject to change without notice. 3 GST Goods and Services Tax ("GST"), Sales Tax or any other applicable tax or duty payable shall be paid by or reimbursed by the Customer to HILTI on demand and the Customer shall indemnify and keep indemnified HILTI in respect of all taxes and duties including GST arising out of any sale of goods or the subsequent use of goods after the sale to the Customer. 4 PAYMENT The Customer shall make payment of all amounts payable within thirty (30) days after the end of the calendar month when delivery was made. If the Customer fails to make payment in accordance with this clause, all amounts owing by the Customer to HILTI shall immediately become due and payable. The Customers shall not be entitled to withhold payment of any account by reason of any account query, dispute or set off. 5 COLLECTION AND LEGAL FEES If the Customer breaches these Terms and Conditions, HILTI shall be entitled
6 DELIVERY Any date or time quoted for delivery is an estimate only and HILTI shall endeavour to effect delivery at the time or times required by the Customer but failure to do so shall not confer any right of cancellation or refusal of delivery on the Customer or render HILTI liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof. The Customer shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery caused by any Force Majeure as described in clause 12. HILTI's obligation to deliver shall be discharged on arrival of the goods at the Customer's nominated delivery destination, nominated transport company, nominated agent or the address appearing on the invoice. The Customer shall unload the goods upon delivery, provided that if the Customer is unable or unwilling to accept physical delivery of the goods when the goods are ready for delivery, HILTI shall be entitled to charge a fee for any delay experienced or arrange for the storage of the good sat the risk and cost of the Customer including all transportation, storage and other consequential costs. HILTI may, at its discretion, make and invoice partial deliveries and each partial delivery shall be a separate sale pursuant to these Terms and Conditions of Sale. 7 INSPECTION The Customer shall examine the goods immediately after delivery and HILTI shall not be liable for any misdelivery, shortage, defect or damage unless HILTI receives details in writing within seven (7) days of the date of delivery of the goods. HILTI and the Customer agree that failure to notify by the Customer will be deemed to be acceptance of the goods as satisfactory and the Customer will have no further claim on HILTI. 8 RETURNS Goods must be in saleable condition to qualify for return. Saleable condition is defined as those unused items in original packaging and in unbroken quantities and in as-new condition. Goods shall only be accepted for return with the prior written approval of a duly authorised representative of HILTI and are subject to HILTI inspection and acceptance, and a 50 AUD restocking charge if returned more than 60 days after invoice date. Return freight and other expenses will be paid for by the Customer and no returns of special goods will be accepted. Any returned goods must be accompanied with the relevant invoice numbers and/or a Goods Return Authority. Any Goods subject to an expiry date, special orders products and discontinued items shall not be accepted for return. 9 PROPERTY AND RISK 9.1 Notwithstanding delivery of the goods or their installation, property in any given goods shall remain with HILTI until the Customer has paid and discharged any and all other indebtedness to HILTI on any account whatsoever, including all applicable sales taxes and other taxes, levies and duties. Any payment made by or on behalf of a Customer which is later avoided by the application of any Statutory Provision shall be deemed not to discharge the Customer's indebtedness and, in such an event the parties are to be restored to rights which each respectively would have had if the payment had not been made. 9.2 The risk in the goods shall pass to the Customer upon delivery to the Customer or his agent or to a transport company nominated by the Customer. 9.3 The Customer acknowledges that it is in possession of the goods solely as a bailee for HILTI until payment as defined in clause 4 has been made in full to HILTI and until such payment: (a) the Customer shall be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery; (b) the Customer shall store the goods separately from its own goods and those of any other party and in a manner which clearly identifies the goods, whether as separate chattels or as components, as the property of HILTI. (c) the Customer shall maintain records of goods owned by HILTI identifying them as HILTI's property, of the persons to whom the goods are sold or disposed to and of the payments made by such persons for such goods. The Customer shall allow HILTI to inspect these records and the goods themselves on request. 9.4 The Customer hereby irrevocably grants to HILTI, its agents and servants, an unrestricted right and licence, without notice to enter premises occupied by the Customer to identify and remove any of the goods the property of HILTI in accordance with the Terms and Conditions of Sale without in any way being liable to the Customer or any person claiming through the Customer. HILTI shall have the right to sell or dispose of any such goods removed or otherwise in its sole discretion and shall not be liable for any loss occasioned thereby. 9.5 The Customer shall be at liberty to agree to sell the goods (independently or affixed to other materials) subject to the condition that until payment has been made in accordance with clause 4, the Customer shall sell as an agent and bailee for HILTI and that the entire proceeds from the sale thereof shall be held in a separate account on trust for HILTI. 9.6 The right to on-sell, deal or otherwise dispose of the goods in the normal course of trade may be revoked at any time by HILTI and shall automatically cease if a Receiver is appointed over any of the assets on the undertaking of the Customer or if a winding up order is made against the Customer or if the Customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or administration or calls a meeting of, or makes any arrangement or composition with, creditors or commits any act of bankruptcy or where the Customer is in default of any of its obligations to HILTI. 10 WARRANTY Subject to payment in full being made as defined in clause 4, HILTI shall use its best endeavours to pass on to the Customer the benefit of any warranties or guarantees it receives in respect of goods or parts thereof supplied to the Customer. 11 LIMITATION OF LIABILITY 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. (a) Sale to Non-Consumers i) In the case of goods supplied by HILTI to a Customer who is not a "consumer" (as defined in the Trade Practices Act, 1974 as amended from time to time ("the Act"), if the goods do not correspond with the description of them on the invoice or are defective, then provided that the goods are preserved intact and made available for inspection by a representative of HILTI and are returned to HILTI in the same order and condition as that in which they were delivered, HILTI shall at its option replace those goods or reimburse the Customer for the amount of the purchase price paid for them, but any claim in this respect must be made in writing within seven (7) days of the date of delivery of those goods. ii) Should the Customer seek indemnity from HILTI in respect of any claim by a consumer on the Customer as a result of a breach of condition or warranty implied by the Act in a contract for the supply of goods by the Customer to that consumer, sub-paragraph (i) will not apply and in respect of goods that are of a kind ordinarily acquired for personal, domestic or household use or consumption ("consumer goods") HILTI's liability is limited to indemnifying the Customer in accordance with the Act, limited to a liability to pay to the Customer an amount equal to the cost of replacing the goods or the cost of obtaining equivalent goods or the cost of having the goods repaired, whichever is the lesser amount. (b) Sales to Consumers: In the case of goods supplied by HILTI to a Customer who is a consumer, to the extent that the goods are not consumer goods or goods, the liability of HILTI to the Customer for breach of any warranty or condition (other than a warranty or condition implied by section 69 of the Act) or for breach of any duty of care shall in all cases be limited, at the option of HILTI, to any one or more of the replacement of the goods or the supply of equivalent goods, the repair of the goods or acquiring equivalent goods or the payment of the cost of having the product repaired. Except for those conditions and warranties implied by the Act or other sale of goods or consumer protection legislation which may not be excluded, the Customer agrees that:
12 FORCE MAJEURE HILTI shall not be liable for any failure or delay in supply or delivery the goods where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of HILTI including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind. 13 TERMINATION If the Customer fails to comply with any of these Terms and Conditions or being a natural person or persons commits any act of bankruptcy, or being a corporation passes a resolution for winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or administration or enters into any composition or arrangement with creditors of if a receiver or manager or administrator is appointed for any property or assets of the Customer or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a liquidator or provisional liquidator or administrator is appointed, HILTI may, in addition to exercising all or any of its rights against the Customer, suspend any further deliveries and immediately recover possession of any goods not paid for in accordance with these Terms and Conditions. 14 SERVICE OF DOCUMENTS The Customer agrees that service of any notices or Court documents may be effected by forwarding same by pre-paid post or facsimile to the last known address of the Customer. 15 STATEMENT OF DEBT A certificate signed by a Director, Secretary, Financial Controller or Credit Manager of HILTI shall be prima facie evidence of the amount of indebtedness of the Customer to HILTI at that time. 16 PRIVACY HILTI is committed to your privacy. Our policy on the handling of personal information is to comply with the National Privacy Principles for the fair handling of personal information as set out in the Privacy Act, 1988. In accordance with those principles and HILTI´s Privacy Policy, persons will be given access to their personal information on request. We use the types of personal information collected including considering and assessing applications for employment, enabling us to supply you with our products and/or services and for assessing Applications for Commercial Credit, managing accounts and, if necessary, ensuring our risk in collecting debts. This information may be disclosed to our related or associated companies, parties related to your employment (e.g. referees and others as set out in our Privacy Policy) contractors, other credit providers whether or not your account is overdue and, if necessary, our Risk Insurers, debt collectors and Credit Reporting Agencies. If all or part of the information requested is not provided we may not be able to consider any application made by you or to supply you with our goods and/or services and we may not be able to process your Application for Commercial Credit. If you have any questions or concerns about our Privacy Policy, please direct your requests to the Privacy Officer at our Head Office at Level 5, Building G, 1 Homebush Bay Drive, PO Box 3217, Rhodes NSW 2138. 17 GOVERNING LAW The Customer agrees that these Terms and Conditions of Sale shall be construed according to the laws of the State or Territory as HILTI may in its sole discretion determine. Proceedings may be instituted in such State or Territory as HILTI may in its sole discretion determine. Failing such determination the Customer consents 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. |