TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale are applicable to purchases from Gutter mesh Direct Our Licensees, installers, or agents (herein after known as “US,”We,”Our”) of Our Products and/or Installation Services (“Product”).
These terms represent the complete Agreement between Us and You covering the sale of products from Us. Payment by You of a deposit pursuant to our tax quotation and/or invoice/order form (“Order Form”) will constitute an offer to us to purchase Products (the “Order”). All Orders are subject to acceptance by Us.
TERMS OF TRADE
Gutter Mesh Direct offers to sell the goods to the purchaser whom Order Form is addressed for the price set out .
The purchaser accepts the Product on the following conditions:
- Prices for the goods are as set out on the quotation and/or invoice;
- All goods and services tax levied either directly or indirectly upon the goods or upon freight charges (if any) shall be paid by the purchaser;
- Unless otherwise expressly provided in writing herein, all costs of transportation are to be paid and borne by the purchaser and delivery of the goods to the carrier shall constitute delivery thereof to the purchaser, and thereafter such goods shall be at the purchaser’s risk.
- Gutter Mesh Direct reserves the right to require payment in advance for any delivery hereunder or to require satisfactory security for payment to be given prior to such delivery taking place. In the event the purchaser fails to make payment in accordance with the terms of this agreement, Gutter Mesh Direct reserves the right to cancel any delivery of the goods. If no arrangement is made for prepayment then it is deemed that payment is strictly by cash, Credit card, or direct deposit into Gutter Mesh Direct ’s nominated account and is due and payable prior to dispatch from Gutter Mesh Direct ’s premises. Where Gutter Mesh Direct decides to issue credit terms to the purchaser the terms are strictly 30 days from the date of invoice.
- Gutter Mesh Direct will be entitled to invoice the purchaser on the date the product (s) delivered to the carrier. This is applicable only where Gutter Mesh Direct has issued the purchaser with credit terms.
- Gutter Mesh Directshall not be liable for failure to deliver or delayed delivery by reason of the following matters affecting delivery:-
- fires, floods or other causalities;
- Wars, riots, civil uprising, embargos, government regulation or Gutter Mesh Direct ’s inability to obtain product from its usual source of supply;
- Delays in transportation to Gutter Mesh Direct, howsoever caused;
- Other contingencies of manufacture or delivery whether or not of a claim mentioned and not reasonably within Gutter Mesh Direct’s control.
- Until the goods are paid for, full ownership thereof shall remain with Gutter Mesh Direct. Until the goods are paid for in full by the purchaser the relationship between the parties shall be fiduciary and the purchaser shall hold the goods as bailee for Gutter Mesh Direct.
- Gutter Mesh Direct may, if the purchaser is in default in payment for the goods, retake possession of the goods without notice, without being liable for any losses incurred or damage sustained as a direct or indirect consequence of Gutter Mesh Directretaking possession of the goods.
- The purchaser agrees that Gutter Mesh Direct has access to its premises during normal business hours for the purpose of retaking possession the goods.
- Gutter Mesh Direct shall have all of the above rights notwithstanding that the purchaser defaults or commits an act of bankruptcy or a receiver is appointed to the purchaser’s business or the purchaser goes into liquidation.
- The purchaser agrees and acknowledges that Gutter Mesh Direct has the right to resell any or all of the goods of which it has retaken possession.
- If any money is not paid on the due date, the purchaser shall pay interest on that amount at the rate of 12% per annum to Gutter Mesh Direct until the amount outstanding is actually paid.
- If and in the event that the purchaser becomes insolvent or bankrupt or calls a meeting of creditors or goes into liquidation voluntarily or otherwise, Gutter Mesh Direct may suspend or cancel the order.
- Any legal costs or expenses incurred by Gutter Mesh Direct in recovery of any outstanding payment under this invoice shall be payable by the purchaser.
- Any special terms of sale on the reverse hereof are by this reference incorporated herein with the same force and effect as those set out herein in full and shall prevail to the extent of any inconsistency with these printed terms and conditions.
- The purchaser shall inspect the Product immediately upon delivery and/or completion thereof and shall within not more than seven (7) days from the date of delivery and or completion of installation give notice in writing to Gutter Mesh Direct of any defect in the goods and/or workmanship or of any failure by Gutter Mesh Direct to deliver goods as ordered by the purchaser. If the purchaser fails to give such notice then the goods shall be deemed to be in all respects in accordance with the order placed by the purchaser.
- If for any reason whatsoever Gutter Mesh Direct accepts the goods returned by the purchaser, the purchaser shall pay to Gutter Mesh Direct 10% of the invoice price as a handling charge.
- Gutter Mesh Direct shall not be responsible for any consequential loss or damage which may be occasional by any failure of the goods or from any cause whatsoever.
- These terms of trading and any writing on the reverse hereof shall constitute the entire agreement between the parties except to the extent that such terms of trading are modified in writing and signed by both parties.
- Gutter Mesh Direct shall, in respect of all unpaid debts due from the purchaser have a general lien on all goods ordered by the purchaser in the hands of Gutter Mesh Direct and shall be entitled on the expiration of 10 days notice to the purchaser to dispose of such goods as Gutter Mesh Direct thinks fit and to apply the proceeds towards such unpaid debts.
- No waiver by Gutter Mesh Direct of any one breach of these terms of trading shall operate as a waiver of another breach of the same or of any other such terms of trading and the doing or omission of any act, matter or thing whatsoever by Gutter Mesh Direct, its servants or agents (which but for this clause would amount to a waiver of Gutter Mesh Direct’s rights in respect of any such breach or default) shall not operate nor be deemed to be a waiver in any way of Gutter Mesh Direct’s rights and powers in respect of any such breach or default of any rule of law or equity to the contrary notwithstanding.
- The Trade Practices Act 1974 (Cth) and similar laws may confer rights and remedies on you in relation to the provision by Gutter Mesh Direct of goods ordered by you which cannot be excluded, restricted or modified. Gutter Mesh Direct does not exclude such rights but does exclude all other conditions and warranties of any kind implied by custom, law or statute. To the fullest extent permitted by law, Gutter Mesh Direct’s liability for breach of any warranty or condition which cannot be excluded is limited at the option of Gutter Mesh Direct to the supply of the goods and/or services ordered by you again or paying for their resupply.
- These terms and conditions shall be governed and construed in accordance with the law in the state of New South Wales and the parties agree to submit to the jurisdiction of the courts and tribunals of that state.
- Gutter Mesh Direct reserves the right to revise these terms & conditions from time to time without notice.
If a product is unavailable when we process your order we will contact you to discuss a revised delivery & installation date, product substitute option, or refund options.
Any cancellation must be communicated to our customer service department on firstname.lastname@example.org . We will endeavour to accommodate Your request, if the merchandise has not been prepared and/or shipped. If Your entire Order is cancelled prior to production and/or shipment to You, We will apply a refund all monies less our cancellation fee. If an Order has been shipped any cancellation will require full payment.