Terms & Conditions
1. GOVERNING TERMS AND CONDITIONS
These are the only terms and conditions which are binding upon the Seller with the exception of those otherwise agreed in writing by the Seller or which are imposed by statute and which cannot be excluded.
2. MINIMUM ORDER VALUE
Anode Engineering enforces a minimum order value of $100.00, net of taxes and shipping. Any order under this value will attract a handling charge of $40.00.
3. TERMS OF PAYMENT
Payment by the Buyer for goods delivered and accepted is due within 30 calendar days of the date invoiced. If the Buyer fails to make payments in accordance with this clause, all amounts owing by the Buyer to the Seller on any account shall immediately become due and payable.
4. INSPECTION AND ACCEPTANCE
The Buyer shall inspect all goods upon delivery and shall within forty-eight hours of delivery give notice to the Seller of any matter or thing by which the Buyer alleges that the goods are not in accordance with the Buyer’s order. Failing such notice and, to the extent permitted by statute, the goods shall be deemed to have been delivered and accepted by the Buyer.
All returns must be approved by the Seller. Authorized returns must be freight pre-paid. All approved returns must be initiated and returned to our store of origin within 10 working days of despatch of goods. The Seller will only be obliged to credit returned goods if they are in a saleable condition. The Seller reserves the right to charge a handling fee equal to 10% of the price of the goods returned unless the Buyer is a “Consumer” for the purposes of the Trade Practices Act 1974 or similar State or Territory legislation. Products specifically purchased, manufactured, machined or cut to size or the Buyer’s specifications are not returnable.
6. CANCELLATION of ORDERS
Cancellation of order may attract fees if manufacture, procurement or cutting to size etc. has commenced prior to cancellation being acknowledged by the seller. Refer also above.
(a) Unless previously withdrawn, a quotation is valid for (30) days or such other period as stated therein. A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise there from until the buyer’s order has been accepted by the Seller in writing.(b) The Seller shall not be bound by any conditions attaching to the Buyer’s order or acceptance of a quotation and, unless such conditions are expressly accepted by the Seller in writing, the Buyer hereby acknowledges that such conditions are expressly negatived.(c) Prices specified in a quotation are subject to alteration without notice. Unless otherwise stated in writing by the Seller, prices quoted shall be exclusive of handling, delivery, agent’s charges and any charge duty or impost including GST.(d) Every quotation is subject to and conditional upon obtaining any necessary import, export or other licence.(e) Where our quotation is for products imported from overseas, we reserve the right to review our pricing at any time in accordance with fluctuations in the RBA published exchange rate when the exchange rate varies negatively over 5%.
The Seller reserves the right to suspend or discontinue the supply of goods to the buyer without being obliged to give any reason for its action.
9. PART DELIVERIES
The Seller reserves the right to make part deliveries or any order, and each part delivery shall constitute a separate sale of goods upon these terms and conditions. A part delivery of an order shall not invalidate the balance of an order.
10. RETENTION OF TITLE (ROMALPA)
Title of the goods to be delivered will not pass to the purchaser until payment in full for the goods has been received by AnodeEngineering Pty Ltd. Until the case of final payment, the purchaser shall store the goods so that they are clearly identified as the property of Anode Engineering Pty Ltd. In addition to any lien to which Anode Engineering Pty Ltd may, by statute or otherwise, be entitled, Anode Engineering Pty Ltd shall in the event of a purchaser’s insolvency, bankruptcy or winding up be entitled to a general lien on all property or goods belonging to purchaser in its possession (although such goods or some of them have been paid for) for the unpaid price of any other goods sold and delivered to the purchaser under this or any other arrangement, understanding or contract.
11. LIQUIDATED DAMAGES
Anode Engineering Pty Ltd will not be liable for any considerations regarding liquidated damages.