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This policy applies to all of our websites and associated online presence.
Includeing our ebay shop, under the ebay id "weldingequipment."
NATIONAL WELDING SUPPLIES P/L
All Purchases made through websites "add to cart buttons" automatically incur
a fright charge of $175 so that we can ship it out to you immediately, we will
then organize the difference for shipping costs. Call us for more information on
fright and sales.
GENERAL TERMS & CONDITIONS
GENERAL : Any order placed by a Buyer is deemed to be an order incorporating
these Terms& Conditions not withstanding any inconsistencies which may be
introduced in the Buyer's order or acceptance unless expressly agreed to by the
Company in writing.
DESCRIPTION : The description herein before given of the goods has been given by
way of identification thereof only and the use of such description shall not
constitute this contract a sale by description.
PRICES : All quotations are subject to withdrawal or variation by the Company at
any given time prior to acceptance of an order. No order given to the Company
based upon a quotation shall be binding upon the Company until acceptance in
writing. Prices quoted are based on the current cost of production and are
subject to amendment on or after acceptance to meet any rise or fall in costs
which shall be to the Buyer's account. Price adjustment shall be calculated by
adjusting the full contract price by 1.2 per cent for each $1.00 of variation in
the cost of goods & materials and 1.20 per cent for each $1.00 of variation in
the cost of staff & labour . All prices quoted are exclusive of sales tax and
unless otherwise agreed in writing are F.O.B the Company's works or factory.
TERMS : Prompt net cash within 30 days for Account Buyers and C.O.D for
non-account buyers from date of delivery of account or invoice to the buyer.
Overdue account will be charged full invoice plus 15% interest charge, legal and
debt recovery fee completely.
PACKING : All packing of goods will be charged as an extra to the Buyer's
account. Packing costs will be quoted by the Company upon enquiry.
DELIVERY : Any times quoted for delivery are estimated only and the Company
shall not be liable for failure to deliver or for delay in delivery arising from
any cause whatsoever beyond the Company's control. The Buyer shall not be
relieved of any obligation to accept any or pay for goods for reason of any
delivery or dispatch. From the time of delivery to the Buyer or the carrier the
risk of any loss or damage to or deterioration of the goods or material to the
Company's premises shall be by the Buyer.
RISK : From the time of notification by the Company to the Buyer that goods are
ready for delivery, the risk of any loss, damage to our deterioration of the
goods from whatsoever cause shall be borne by the Buyer.
INSURANCE : The Company will not effect insurance on any goods, whether in
transit or otherwise, unless it received specific instructions by the Buyer in
writing in which case the cost of the insurance will be borne by the Buyer.
PERFORMANCE : All figures given by the Company for performance are based on the
Company's experience and are intended to be a reasonable estimate of the
performance which would be expected upon test. However, except where performance
figures are specifically specified guaranteed in writing by the Company, within
specified tolerances, the Company accepts no responsibility for failure of any
goods to meet stated performance figures, and any statement as to performance
figures whether in writing or otherwise, shall not be constituted as a
condition, warranty or representation.
SPECIFICATIONS : All illustrations, drawings and specifications supplied with
quotations are approximate only, and shall not be regarded as accurate working
illustrations, drawings or specifications. All such illustrations, drawings and
specifications remain the property of the Company and shall be treated as
confidential by the Buyer; they must not be loaned, copied, used or disposed of
without the Company's written consent.
INSPECTION : The Buyer shall inspect the goods forthwith after receipt by the
Buyer and shall within 14 days after receipt of delivery by the Company to a
Transport Contractor ex works give written notice to the Company of any alleged
claim for short or wrongful delivery or for any other overt breach of Contract.
If the Buyer fails to inspect and give notice within the time stated then the
Company shall be deemed to have in all such respects fulfilled the Contract.
IMPLIED CONDITIONS : No conditions or warrantee expressed or implied by law and
no representations or statements are binding on the Company unless set out in
this Contract.
CLAIMS : No claim by the Buyer need to be recognized unless made in writing
within 14 days after delivery of the goods to the Buyer. No claim for damage
direct or indirect in respect of any goods shall in any case exceed the total
invoice price of the goods, in respect of which such damage shall arise. All
damage over and above such invoice price shall be borne by the Buyer.
RETURNS : No goods sold and delivered under this Contract may be returned by the
Buyer for credit without the Company's express permission in writing.
CANCELLATIONS : Any order accepted by the Company shall be firm and may not be
cancelled by the Buyer except by agreement in writing upon terms agreed between
the parties including cancellation charges which may be deducted from advance
payments.
WARRANTY : The Company warrants that the goods sold by it will be free from
defects in material and workmanship under normal use for a period of twelve (12)
months after delivery ex-works or factory. This warranty does not cover
products, accessories and parts which are not manufactured by the Company and,
in that case the Buyer only have the benefit of the Warranty (if any) of the
manufacturer thereof. This Warranty does not apply where, in the Company's
opinion, a defect has been caused by careless or improper handling,
non-adherence to operating instructions or by fair wear and tear. To obtain the
benefit of this Warranty, the Buyer shall (unless the Company agrees to the
contrary) re-deliver the goods concerned to the Company's works or factory for
examination by the Company. If upon examination, the Company considers the goods
or any part thereof to be so defective as aforesaid, it will repair or replace
the same (at its discretion) and will re-deliver to the Buyer F.O.B the
Company's works or factory. No warranty claim will be entertained if repairs
have been conducted by anyone other than the Company.
WAIVER : Failure by the Company to insist upon strict performance of any term or
condition herein shall not be deemed a waiver thereof or any rights the Company
may have, and shall not be deemed a waiver of any subsequent breach of any term
or condition.
PATENTS : Where the Company has followed a design or instruction furnished or
given by the Buyer, the Buyer shall indemnify the Company against all damages,
penalties, costs and expenses to which the Company may become liable through any
work required to be done in accordance with those instructions involving an
infringement of a Patent, Trademark, Registered Design, Copyright or Common Law
Right.
LIEN : In addition to any Lien to which the Company may be statute or otherwise
be entitled, the Company shall, in the event of the Buyers insolvency,
bankruptcy or winding up, be entitled to a general lien on all property or goods
belonging to the Buyer in the Company's 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 Buyer under this or any other Contract.
LICENCES : All goods are sold and services performed on the understanding that
all licenses and permits under all relevant statutes, ordinances, rules and
regulations have been obtained by the Buyer.
MISC: Products may be withdrawn from listing/website at any time. (for ebay even
if products are listed)
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NATIONAL WELDING SUPPLIES P/L
P.O.BOX:6107
1/55 NEWTON ROAD
WETHERILL PARK
NSW 2164
AUSTRALIA
TEL:+612 96045222
FAX:+612 96042444
Email : easybeat@easybeat.com.au
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