Terms & Conditions of Sale
a) Eurostyle Eyewear means Eurostyle Eyewear Pty Ltd Pty Ltd ACN 107 117 395 and its assigns and, where the context permits, includes its authorised employees or agents.
b) You means the buyer of goods from Eurostyle Eyewear Pty Ltd under a Sale to which these Conditions relate, and will include your executors, administrators and permitted assigns and any party entering into a Sale Contract on your behalf, with your consent, for your benefit or at your direction.
c) Goods means any products sold by us to you.
d) Sale means any agreement for the sale of goods by Eurostyle Eyewear Pty Ltd to you.
e) The laws of the State of Queensland will apply to any Sale and the Courts of that State will have jurisdiction in any dispute.
2. Incorporation of Conditions
a) A quotation is subject to these Conditions unless they have been varied in writing by us.
b) A Sale includes these Conditions unless they have been varied in writing by us.
c) These Conditions cannot be varied by you or by any employee or agent of Eurostyle Eyewear Pty Ltd except with our express written permission.
d) These Conditions contain all of the warranties or representations made by us relating to the Sale.
e) These Conditions prevail over any conditions of your order.
a) Unless we have withdrawn them, our quotations are open for acceptance within the period stated in them or, if not stated, within 60 days after the date of each quotation.
a) Unless otherwise stated, all prices quoted by us exclude Goods and Services Tax.
b) Prices quoted are those ruling at the date of issue of quotation and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, storage, wages and other labour costs, materials and other charges or imposts which change the cost to us of production and sale of the Goods.
c) In the case of any such change, we reserve the right to make a corresponding change to the price quoted at any time up to delivery of the Goods.
d) Prices set out in our price lists are recommended retail prices only. They are subject to alteration without notice.
e) Our prices are always subject to your order being for all of the Goods in our quotation. Partial orders may attract higher prices.
a) You must pay for the Goods in cash on delivery unless you are an approved account holder when you must pay for the Goods 30 days from the invoice date except if we have approved other terms of payment in writing (such as trade discounts or discounts for prompt payment).
b) If you do not pay us by any due date, we may treat the Sale as repudiated by you or may withhold delivery of any Goods to you until money due to us on any account has been paid and we may require you to pay in cash on delivery for any further Goods sold to you.
c) If you have an account, you must pay us 2% per month, with a minimum of $5 per month as an account keeping fee for any amounts paid outside our terms of payment.
a) A delivery time stated in any quotation or made known to you as the time of delivery is an estimate only and we are not liable for late delivery or non-delivery.
b) If we have agreed to supply Goods ex-stock delivery is subject to the Goods being available ex-stock after fulfilment of prior orders.
c) We will not accept an order which includes a penalty for late delivery and we are not liable for any loss, damage or delay occasioned to you or your customers arising from late or non-delivery of the Goods.
d) We may extend the date for delivery by written notice to you to cover delays caused by strikes, lockouts, war, breakdown, accidents, delay in transport, fire, non-delivery of raw materials and/or other items required to manufacture the Goods or any other cause beyond our control.
e) If we are to deliver Goods to you by instalments, failure to deliver an instalment is not a repudiation of the Sale and if actionable, will only be a severable breach giving rise to a claim for compensation.
7. Delivery charge
a) You are responsible for the cost of delivery except for Goods supplied as part of a backorder
8. Loss or damage in transit
a) We are not responsible to you or any person claiming through you for any loss or damage to Goods in transit caused by any event of any kind by any person whether or not we are legally responsible for that person.
9. Return of Goods
a) Subject to any statutory enactment to the contrary, you are not entitled to return any Goods to us except in accordance with these Conditions.
b) Prior agreement is required from us for Return of Goods. This can be requested by e-mail, fax or phone. A Return Authorisation Number (RAN) will be supplied upon agreement to the return. The RAN must be quoted and clearly identified on any returned goods to enable tracking.
c) Any Goods returned must be delivered to our place of business nominated in writing by us.
10. Description and Specification of Goods
a) If we agree to sell you any Goods described by a trade name, brand or generic description, we will use our best endeavours to supply the named or described Goods. If we are unable to do so, we will supply Goods with equivalent technical specifications and you must accept them at the price quoted in lieu of the named or described Goods.
b) Unless we have agreed in writing, the provisions and tolerances contained in any standard specification to which the Goods are manufactured or supplied will apply to all Goods sold to you.
c) If there is a discrepancy between the specifications of any Goods we have agreed to sell you and any specifications contained in your order, the terms of your order will not apply.
a) You must pay the cost of any special packing and packaging materials used in relation to the Goods even if such cost has not been included in our quotation.
b) Packaging materials are not returnable to us.
12. Goods supplied as consignment stock
a) Where we have agreed to supply goods to you on consignment you agree to maintain the condition of those goods as new including retaining the original packaging.
b) We may from time to time request goods to be returned to us and you agree to do this without unreasonable delay and bear the cost of freight to our nominated business address.
c) You agree to provide us within 3 working days after the end of each month a stock and sales report for those goods held by you on consignment. We reserve the right to replace those goods without reference to you with product of our choice.
d) Item 15 “Retention of Title” applies to all goods provided by us on consignment.
13. Goods supplied on approval
a) Where we have agreed to provide goods to you on an approval basis you agree to return goods not required within 10 working days at your expense.
b) Where goods provided on approval have not been returned to us within the 10 working days prescribed in (a) we reserve the right to invoice you for the cost of the goods without further reference to you.
c) You agree to return goods not required to us in new condition with original packaging otherwise you will be liable for the cost of those goods.
d) Item 15 “Retention of Title” applies to all goods provided by us on consignment.
14. Goods supplied for display
a) Where we have agreed to provide goods to you for display you agree to return the goods not required within 10 working days at your expense.
b) You agree to return goods not required to us in new condition with original packaging otherwise you will be liable for the cost of those goods.
c) Item 15 “Retention of Title” applies to all goods provided by us for display.
15. Retention of Title
a) You agree that we retain ownership of any Goods delivered to you unless you have paid us in full for all Goods under all individual agreements for the supply of Goods from us to you.
b) You will act as a bailee of the Goods until such time as ownership of them passes to you; and
c) Until you have paid in full for the Goods, (a) you:must not supply any of the Goods to any person outside your usual course of business; (b) must not allow any person to have or acquire any security interest in the Goods; (c) must insure the Goods for their full insurable or replacement value (whichever is the higher) with an insurer authorised to carry on the business of insurance in Australia; (d) must not remove, deface or obliterate any identifying plate, mark or number on any of the Goods.
d) If, despite sub-clause (c) above, you supply any of the Goods to any person before all monies due by you have been paid to us, you agree that: (a) you will hold the proceeds of resupply of the Goods on trust for and as agent for us immediately when they are received; (b) you will either pay the amount of the proceeds of resupply to us immediately when they are received or pay those proceeds into an account with a bank or a financial institution as trustee for us.
e) To enforce our rights under this clause, we may enter your premises or those of any associated company or agent where the Goods are located without liability for trespass or any resulting damage and retake possession of the Goods and keep or resell any Goods repossessed.
f) In addition to the above, we will at all times be entitled to maintain action against you for the price of the Goods.
a) Our liability for the Goods is limited to making good any defect by repairing it or at our option by replacement within a period not exceeding 24 calendar months after the Goods have been delivered to you so long as: (a) defects have arisen solely from faulty materials or workmanship; (b) the Goods have not received maltreatment, inattention or interference; (c) the defect was not the result of incorrect fitting; (d) the defective parts are promptly returned free of cost to us.
b) If the Goods are not manufactured by us the guarantee of the manufacturer of those Goods is accepted by you and is the only guarantee given to you in respect of those Goods.
c) Except as provided in these conditions and only to the extent permitted by law: (a) all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded; (b) we are not liable to you or any other person for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of our negligence or in any way whatsoever.
d) If Div 2 of Pt V of the Trade Practices Act 1974 applies to the sale, our liability for breach of a condition or warranty is limited to the replacement of the Goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired.
e) Nothing in these conditions is intended to negative or modify any statutory enactment which may not lawfully be negated or modified by the parties to an agreement.
Company Name: Eurostyle Eyewear Pty Ltd
Australian Business Number: 75 479 896 990
Australian Company Number: 107 117 395
Place of registration: Australia
Postal address: P.O. Box 654 Mudgeeraba, QLD 4213, Australia
Copyright © 2013 Eurostyle Eyewear Pty Ltd, Queensland Australia. All rights reserved.