STANDARD TERMS AND CONDITIONS - SALES File: AA 001
1. DEFINITIONS
These are the full Terms and Conditions of sale of all goods and services (“Goods”) supplied by All Marine Spares Pty Ltd (ABN 82 606 704 778) and its associated and subsidiary companies. Except as otherwise expressly agreed upon in writing between a duly authorised officer of AMS and the Customer, these Terms and Conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by any Customer.
In the Terms of Transaction:
- "the Sales order, Tax Invoice or Credit Note" means the legal document(s) containing the terms and instructions related to goods supplied by All Marine Spares Pty Ltd (AMS)
- "the Supplier" means All Marine Spares Pty Ltd, the registered office of which is situated at 10a Wilmette Place, Mona Vale NSW 2013.
- "the Customer" means the person or organization named on the face of the sales order or tax invoice.
- "the Goods" means products and/or services being the subject of the sales order, as named and described on the face of the sales order.
AMS may at any time alter these Terms and Conditions and such altered Terms and Conditions shall apply after notification by AMS to the Customer. AMS may notify the alteration of these Terms and Conditions by posting the altered Terms and Conditions on its website.
2. TAXES
Goods and Services Tax (“GST”) or any other applicable tax or duty payable shall be paid by or reimbursed by the Customer to AMS on demand and the Customer shall indemnify and keep indemnified AMS in respect of all taxes and duties including GST arising out of any sale of Goods, the subsequent use of Goods after the sale to the Customer.
3. POLICY
It is the policy of All Marine Spares Pty Ltd to supply Customers with products which have the requisite quality to ensure conformance to agreed Customer specification. All names and part numbers are for reference purposes only and do not imply that items are original equipment.
Parts supplied by AMS are supplied as replacement parts.
It is our intention to supply goods and materials and services from suppliers whose performance history is such that confidence is gained in their ability to supply goods of required quality, on time and at competitive prices.
On completion of a Sales Order a Tax Invoice will be generated and will include a freight charge. Unless otherwise specified all prices are shown in Australian dollars. All shipped goods will be accompanied by a copy of the tax invoice unless otherwise requested by the customer.
4. QUOTES
Where a price quoted by AMS for goods or service is specified to be an estimate, the Customer shall pay AMS the amount claimed by AMS upon completion of the job or order which amount may vary from the estimated amount and which amount shall be based upon the actual work done and parts supplied by or on behalf of AMS.
Where the Customer has requested AMS to prepare a quotation for the provision of Goods or Services the quotation will be valid for a period of 30 days from the date included on the quotation document.
5. PRICES
The prices shown on a sales order may be adjusted prior to finalisation where the cost to AMS in fulfilling its obligations is varied by any change to legislation, regulation, licence or by reason of fluctuations in currency value which change the amount charged to AMS by its suppliers or by any cause beyond the direct control of AMS. No such reasonable variation shall entitle the Customer to cancel an order.
6. INSPECTION AND ACCEPTANCE/REJECTION OF GOODS
All goods supplied shall comply with applicable standards and be free from defects in design, materials, performance and workmanship. All goods supplied shall be suitable for their intended use.
All Goods supplied under the sales order will be inspected before despatch. The packaging shall be sufficient to protect the goods in the course of handling and shipping.
If the quantity supplied exceeds the quantity ordered, the difference in quantity may be returned at the Supplier's expense.
The Customer will notify Supplier of any rejected goods that are not in accordance with the description or specifications stipulated in the sales order, within 7 days of the Tax Invoice date.
If the said goods are found not conforming to the sales description or specification, and no alternate goods were approved at the time of order, the costs of return will be borne by the Supplier.
Title of goods does not pass from AMS to the customer until payment has been made. Title remains with AMS until funds have cleared.
7. DELIVERY
The Customer shall be responsible for the cost of any delivery made from AMS premises, unless otherwise agreed in writing on the sales order. AMS shall in all cases be entitled to choose the method of transport, and will endeavour to provide the most efficient carrier. Any date or time quoted for delivery of Goods is an estimate only and AMS will not bear responsibility for any delay or delivery issues associated with the carrier.
AMS' obligation to deliver shall be discharged on the arrival of the Goods at the Customer's nominated delivery destination, nominated transport company, nominated agent or the address appearing on the invoice. This includes parcels which have “Authority To Leave” included in the delivery details.
8. FORCE MAJEUR
Interruption of fulfilment of the sales order by either party due to circumstances beyond either parties control will release either party from the terms of this contract with no recourse or cost to either party until such time as the interruption ceases and normal supply / usage returns. However, there will be no extension of this contract to make up that time where / when the interruption occurred.
9. CREDIT TERMS
Credit terms are extended to approved customers. Payment for credit accounts is due and payable 30 days from the end of the month.
Account Statements are sent by email on the first working day of the month. No statement is issued if the account balance is nil.
If the account is not settled within the stated term, the account will be placed on Inactive status and no further credit will be extended until the account is back within terms.
If the Customer repeatedly fails to make payment in accordance with the agreed terms AMS shall be entitled to cancel the credit agreement and require the payment of cash prior to delivery of any further Goods or Services supplied. A credit limit based on average sales will be determined. If the Credit Limit is reached prior to the end of month payment will be required to keep the account within terms. Where it becomes apparent that the credit limit is not suitable a review can be requested.
10. PAYMENT
If a Customer cancels or alters any sales order, or part thereof, AMS reserves the right to charge to the Customer the costs of any special goods or materials already acquired, or ordered, for the sales order. A 50% deposit will be required for special, non-stock and overseas orders with a value greater than AUD$5,000 (excluding GST). Customers shall not be entitled to withhold payment of any account by reason of any account query, or dispute. AMS is entitled to claim from the Customer all costs, including administration and handling fees, expenses and charges incurred on any account whatsoever including but not limited to any action taken by AMS to recover monies or Goods due from the Customer including but not limited to any mercantile agents and legal costs.
11. RETURNS
All goods and items supplied in the sales order shall be governed by the Competition and Consumer Act 2010 (the Act). Goods supplied by AMS are subject only to the applicable manufacturer’s written warranty (if any) and, except to the extent prohibited by law, all other warranties with respect to Goods are hereby excluded.
For change of mind purchases the following terms apply:
a. All returned goods must be accompanied by the original invoice.
b. Goods will be accepted for credit when returned in the original, unmarked packaging within seven (7) days of purchase.
c. After seven (7) days a return authority is required.
d. A 15% restocking fee will apply for returns greater than seven (7) days from invoice date. No goods will be accepted for return:
e. When items have been fitted or used in any way.
f. If hose has been cut to length as per customer requirement
g. For items which have been specially procured.
h. When goods are not accompanied by the original invoice.
The cost of freight for returned items is the responsibility of the customer. No return will be accepted for credit, other than for warranty issues, more than six months from purchase.
Specific conditions relate to the propeller return and swap program.
a. No fee will be applied where the return is made within 30 days of the invoice date or for a ‘clean swap’ within the policy.
b. Any propeller returns beyond 30 days will attract a restocking fee of 15%, capped at $50 per propeller.
c. Any returned propeller must be accompanied with the original invoice number(s) and a completed Return form and number (RAN#).
d. For a full refund returned propellers and hardware must be in new condition with no marks, scratches or paint missing. All hardware must be returned complete and undamaged. No credit will be given if the kit is not complete or in original condition.
e. A fee will be charged in any instance where the propeller is returned in a used or damaged condition. The fee is determined by the applicable labour needed to return the propeller to a saleable condition. Additionally a $20 fee will apply where the returned propeller is missing the original, undamaged packaging.
f. All propellers must be returned to All Marine Spares 2/21 Central Park Drive YANDINA QLD 4651. Where this condition is not met the cost to transfer the return to the Yandina facility will be charged to the customer.
g. A standard restocking fee of 15%, capped at $50, will apply for any incorrectly ordered or change of mind purchase. Any credit approved is dependent on the satisfaction of all other return conditions.
12. CONFIDENTIALITY
The Supplier shall keep all details of any sales order confidential, including the contents of any verbal communication.
The Supplier shall make no use of any information and specifications whatsoever of them except in performing the sales order and shall not disclose any confidential information to a third party except to the extent necessary in performing the sales order.