These terms and conditions apply (unless otherwise previously agreed in writing) to the supply of Goods by Commandex Pty Ltd ABN 46 119 753 687 T/A buyritehardware.com.au to a Customer from time to time.
- Quotations and Orders
- An order given to Buyrite Hardware is binding on Buyrite Hardweare and the Customer, if:
- a written acceptance is signed for or on behalf of Buyrite Hardware; or
- the Goods are supplied by Buyrite Hardware in accordance with the Order.
- Once accepted by Buyrite Hardware an Order constitutes a contract between Buyrite Hardware and the Customer.
- Once accepted by Buyrite Hardware, orders cannot be cancelled by the Customer under any circumstances without Buyrite Hardware’s prior written consent, which it may refuse in its absolute discretion (which consent may include a requirement that the Customer indemnify Buyrite Hardware against any loss or expense suffered by it as a result of the cancelled Order).
- Price
- The Price for Goods is either;
- the price indicated in Buyrite hardware’s Quotation (or any subsequent Quotation if varied); or
- the price listed in any Buyrite Hardware price list current at the date an Order is placed.
- Prices do not include applicable taxes or statutory charges (such as GST) or delivery charges. Delivery charges will be specified in Quotations and Invoices and charged in addition to the Price.
- Payment
- Buyrite Hardware may require payment for Goods on placing of an Order. Unless the Customer has a credit account in the Customer’s name with Buyrite Hardware, the total amount of an invoice (less any deposit paid) and the delivery charges are payable by the Customer prior to delivery of the Goods.
- If the Customer has an approved credit account, an invoice (less any deposit paid) and the delivery charges are payable by the Customer within 30 days after delivery of the Goods.
- Payment must be made by cash, bank cheque, credit card (which may include provider surcharge), direct credit into Buyrite Hardware’s bank account or by any other method agreed between the Customer and Buyrite Hardware. Receipt of any form of payment other than cash will not constitute payment until that form of payment has been honoured, cleared or recognised.
- Payment will constitute acceptance by the Customer of all Goods.
- All amounts payable by the Customer under this Agreement must be paid without set-off or counter claim of any kind.
- GST
- If GST is imposed on any taxable supply under this Agreement then the recipient of that taxable supply must pay the supplier an additional amount equal to the GST payable on the taxable supply at the same time as payment for the taxable supply is due.
- Delivery
- Buyrite Hardware will (unless otherwise agreed with the Customer) organise for delivery of the Goods to the Site by a carrier appointed by Buyrite Hardware. Delivery and freight costs will be specified in the Quotation and are payable by the Customer at the same time an invoice or application for payment is payable.
- An estimated timeframe for delivery will be stated in the Quotation. Buyrite Hardware will use reasonable endeavours to meet the delivery timeframe but accepts no responsibility for costs or charges resulting from a delay in delivery due to factors outside its reasonable control. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Buyrite Hardware may change the estimated delivery time by written notice to the Customer. Buyrite Hardware reserves the right to deliver the Goods in instalments.
- The Customer acknowledges that Goods do not need to be signed for when delivered and may be unloaded and left on any part of the Site that Buyrite Hardware or its carrier considers reasonable in the circumstances.
- Defects and Returns
- The Customer must inspect the Goods on delivery and notify Buyrite Hardware in writing within 7 days of delivery of any alleged defect, damage or failure of the Goods. If no notice is given within 7 days of delivery, the Customer will be deemed to have accepted the Goods.
- If a notice of defect or damage is given the Customer must allow Buyrite Hardware access to inspect the Goods and determine whether or not that notice is valid. If Buyrite Hardware accepts that the Goods are defective or damaged the parties acknowledge that the Customer has remedies available to it as a consumer under the Australian Consumer Law.
- Buyrite Hardware may, at its sole discretion, accept the return of non-defective Goods if in good working condition for credit subject to a handling fee of 10% of the value of the returned Goods plus freight costs.
- Any Goods that have been supplied specifically to the Customer’s instructions or specifications (including bespoke items or Goods with custom finishes) will not be accepted for in any circumstances other than those
- Warranty & Risk
- Products sold by Buyrite Hardware are generally covered by the original Manufacturers Conditional Warranties.
- Products sold by Buyrite Hardware that are not covered by the original Manufacturers Warranties shall be covered by Buyrite Hardware’s Conditional Warranty for a period of 12 months from delivery.
- The conditions on warranty are that the products chosen are of materials suitable to the nature of their environment, that the products are installed as per any installation instructions provided, and that the products are used in accordance with any usage instructions provided. Failure to comply with these requirements may void any warranty.
- Risk in the Goods passes to the Customer at the Delivery Time.