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| Terms & Conditions of Sale |
(Contract of General Sale – Kemsigns Group)
Without exception, sales of all product(s) and/or service(s) are subject to the following conditions of sale.
As listed in the conditions hereunder:
The terms “Kemsigns, 1300 – K Signs” &/or “The Company” in any derivation, means the Kemsigns group of companies and or its agents (trading as).
The following terms as may be used from time to time “BUYER, CLIENT, END-USER, CUSTOMER or PURCHASER” shall mean the person or persons as listed on the front of any invoice supplied by Kemsigns.
“GOODS” Shall mean the Goods, Equipment, Products, Items or Services as listed on the front of the invoice as being supplied by Kemsigns to the Buyer, all such references forming part of a contract to supply, of which these Terms and Conditions from part thereof.
Not withstanding, nothing as contained within these Terms and Conditions of Sale or any circumstances arising from the fact that the Buyer obtains possession of the goods prior to obtaining “title of ownership” or any other circumstances makes the Buyer an agent of the product Manufacturer(s) or Kemsigns for any purpose whatsoever unless contained in writing as a formal Agency/Distribution agreement validated under the laws of The Commonwealth of Australia.
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| 1. |
Order.
No order or request for Goods shall be binding upon Kemsigns unless and until accepted by Kemsigns and the Buyer is notified in writing of such acceptance, acceptance may be in the form of a facsimile or email communication or an invoice requesting payment, comprising the details of the transaction of sale and shall be limited to the details as comprised upon such document. |
| 2. |
Property.
Title of ownership of the products shall remain with Kemsigns and shall not pass to the Buyer unless and until payment is made by the Buyer and is received in full by Kemsigns. Kemsigns reserve the right to impose interest on all or any overdue amounts applicable. Such interest shall be compounding and levied at 5% over and above the RBA’s current ruling daily interest rate at the time of sale and applied daily until all amounts owing are paid in full. |
| 3. |
Variation.
Kemsigns, May at its discretion, vary these Terms and Conditions from time to time. However, any variation to these conditions as made by the Buyer shall not be binding unless consented to in writing by Kemsigns. |
| 4. |
Price and Payment.
- Subject to condition 4 (b) below, the Buyer shall pay the prices for the Goods as specified on the front of the invoice provided.
- Prices are subject to variation by Kemsigns without notice, with immediate effect upon such variation.
- Any Discounts or allowances (however determined) as allowed or offered by Kemsigns to the Buyer from time-to-time, shall be credited against the quoted or original price of the goods or equipment and as such shall be reflected in the invoice price for such and shall represent the/any total allowable reduction or discount of the items original price in relation to that sale/order and is not construed as binding on/to the company for any on-going or forward sales.
- Unless specified in writing by The Company, or as offered on our Invoice face, ALL transactions are C.O.D. or when requested - Payment with Order. Any approved account Invoice payments shall be made to and received by Kemsigns at the address as listed upon any invoice issued by Kemsigns within Seven (7) days or payable as and when specified on the invoice, such date being effective from the Invoice Date.
- Kemsigns reserve the right to seek legal assistance in the recovery of all delinquent accounts and/or outstanding amounts and where fee’s apply to such recovery actions Kemsigns will seek to recover 100% of fee’s and costs associated to the initial recovery of all and any such outstanding amounts.
- WE ACCEPT Credit Card Payments from selected card services (Visa/Mastercard) and in an effort to maintain both lower item and processing costs, Kemsigns, may from time-to-time impose a handling fee to our clients as levied by our Bankers for such card transactions – Currently equal to1.5% of transaction value.
We also accept payment against our invoice by the following methods: Direct Deposit, EFT, Company Cheques, Postal Orders, Personal Cheque payments are accepted for advance payments and goods will be produced and sent once funds are shown as cleared. |
| 5. |
Proof and Approval.
Where creative (print ready) artwork has either been provided by the client or contracted with the company and where an electronic proof or image has been issued and provided to the client, then ownership of any given approval reverts to the client, where as should any print errors or discrepancies occur, all such issues revert to the responsibility of the approver, variations following approval attract additional set-up or creation fee’s. |
| 6. |
Delivery.
- In the case of “Whole goods” (Equipment, products or materials) or as specified upon product documentation or quotations from time to time, Freight Handling and Insurance (“FHI”) shall be the sole responsibility of the buyer and the cost of such shall be incorporated into the sale transaction (Charged) at the time of shipping or excluded where such shipping is arranged by the buyer at the buyers own expense and effort.
- Any time frame as quoted for Delivery shall be construed as an estimate only, Kemsigns shall not be liable for any extended delivery times or delays taken or caused by any Product or Material Supplier, Manufacturer, Freight or Transport Company.
- Kemsigns may suspend delivery or extend delivery times as required from any advice as received to the availability of any raw product or materials from a 3rd Party Manufacturer, Wholesale Supplier or Transport Company.
- Kemsigns reserves the right to make part delivery of any order where it deems it appropriate and each and any such part delivery shall constitute a separate supply contract to that of the original purchase/supply order, failure by Kemsigns to deliver an order in total shall not invalidate any supply contract (Written or Verbal) as issued to Kemsigns by the purchaser.
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| 7. |
Claims and/or Returns.
- All claims for shortages, loss damages or inaccuracies must be made by the Buyer within Seven (7) days of receipt of Goods.
- NO RETURNS shall be accepted by Kemsigns unless authorised by the company, Buyer to obtain return authorisation code and follow returns procedure prior to sending, any non-authorised returns shall be rejected and returned to Buyer at Buyers expense.
- Kemsigns endeavour to maintain a 100% rate of correct supply of product against customer orders, where as; if/where Kemsigns have made an error in supply and provided an incorrect item or product material against the clients order - without receiving confirmation or acceptance of a substitution by the client, then the return and exchange of product for the correctly ordered item will be at the expense of Kemsigns. Such Free of Charge exchange shall only apply to the above and shall not include errors in ordering or artwork approval as made by the client, unwanted items or products decided as unsuitable for end users after ordering – Refer to our Returns policy for further information in relation to all other such returns and/or conditions.
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| 8. |
Warranties related to companies (Products) in Australia.
- All warranties, conditions and liability implied by law other than:
- those which may not be lawfully excluded under the Trade Practices Act (“The Act”) 1974 or any other Commonwealth, State or Territorial Legislation of Australia; and
- Any other warranty contained in a warranty card/document (if any) accompanying the goods are herby excluded.
- Subject to 7(a) above, Kemsigns shall not be liable for any direct, indirect, incidental or consequential loss, injury or damage whatsoever (including but not limited to loss of profits, damage or on-claims by third parties) which the Buyer may suffer in respect of the purchase of any Products, Goods or Equipment.
- At its discretion, Kemsigns may elect to repair or replace the product following an assessment of said Warranty cause and all Warranty product must be returned to Kemsigns with both In-bound and return freight Pre-paid, all non warranty repairs as determined by the Manufacturers Warranty Policy are chargeable C.O.D. upon completion – Refer to our Warranty policy for further information in relation to all other such reference and/or conditions.
- All and/any Transport Damage is specifically excluded from claim against The company, Transport is the responsibility of the client and any transport company concerned and a claim must be made with them directly - Refer to the relevant Transport Companies terms of Carriage.
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Kemsigns Vic Pty. Ltd.
ABN: 73 126 084 240
BSB: 633-108
A/C No: 1310 22782 |
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