Terms and Conditions of Sale
1. Terms of the contract
1.1 These Terms and Conditions of Sale shall apply to and form any part of any contract for the sale of Goods supplied by Crystal Water (“The Company”).
1.2 No Addition or variation to these terms and conditions will have any affect unless expressly agreed in writing by the parties.
2.1 The Company shall be entitled to very the purchase price for the Goods or Service provided at any time prior to delivery if the cost to the Company of performing the contract is increased by reason of:- (a) any increase in labour, material or freight costs; (b) delivery of the Goods or provision of any service outside normal working hours or to an address other than that originally specified by the Customer; or (c) any other cause whatsoever beyond the control of the Company.
2.2 The Company will seek the Customers agreement in writing to such increases in cost otherwise the Contract will be deemed to be terminated upon the Customer rejecting such increase in cost.
3. Terms of Payment
3.1 Where the Customer has an account with the Company, the purchase price must be paid in full within 28 days in which the Goods/Services are invoiced. In all other cases, the purchase price must be paid in full following the expiration of the cooling-off period.
3.2 If the Customer fails to pay for any part of the Goods and/or Services upon their supply and delivery and after any cooling off period (if applicable), the Company may in its absolute discretion, and without prejudice, postpone the fulfilment of it’s obligations under this contract and under any other contract until such payment is made and the Company will be entitled to increase the purchase price to cover any extra expense incurred thereby.
3.3 Where the Customer enters into a payment plan with the Company, the customer authorises the Company to automatically deduct monies from the account specified on the Direct Debit Form on the First Payment date noted on the Invoice and/or Order Form.
3.4 The Customer will, if in default, pay to the Company an Administration Charge of $25.00 excluding GST. in any invoice delivered by the Company. The Company may waive payment of any Administration Charge made by it where total amount specified as due in the relevant invoice is paid within 28 days of the date of invoice.
4. Customer Acknowledgement Terms
4.1 The Customer Acknowledges the the Customer has examined and tested the Goods; (b) the Goods, if any, are supplied in good working order and condition; (c) the Customer accepts any Goods in it’s Condition as at the date of delivery.
4.2 Where provisions of the Australian Consumer Law (“ACL”) apply the Customer acknowledges that the Customer has received and acknowledges receipt of a cancellation notice and supporting information and that these documents have been explained to them. This Cancellation Notice only applies to unsolicited sales.
4.3 Under Terms of this agreement customer accepts renewable agreements and contract for service.
5. Title to the Goods
5.1 Notwithstanding delivery of the Goods to the Customer, title in such Goods will not pass to the Customer until the Customer has paid to the Company all sums owing under the contract. Until such payment is made, the Customer holds any Goods as bailee for the Company.
6.1 Risk will pass to the Customer on delivery of the Goods notwithstanding that ownership remains with the Company until payment is made in full.
7. Cancellation or Suspension of Orders
7.1 Where the Customer exercises the Customers right to rescind the contract under the provisions of the Australian Consumer Law, the Customer shall bear the cost of returning the Goods.
8. Warranty Terms
8.1 Where an authorised Crystal Water Service Agent services the Goods the Company will, at its discretion:-
(a)replace the Goods or supply the equivalent Goods; (b) repair the Goods, (c) pay the cost of replacing the Goods or acquiring equivalent Goods; and (d) pay the cost of repairing the Goods if the Goods are found to be defective within the associated warranty periods.
8.2 Any Claim under this clause must be made in writing and sent to the Company’s addressed noted on the Sales Agreement and/or Invoice.
9. Liability Terms
9.1 Subject to any State or Federal legislation which expressly prohibits the exclusion of any condition or warranty which may be implied into any contract:-
(a) the Company will be under no liability to the Customer for any defects in the Goods resulting from or arising out of the production of the same in accordance with any other information, designs, or drawings provided by the Customer or submitted to the Customer by the Company and approved of by the Customer. (b) all conditions, warranties and representations on the part of the Company which are not contained in or incorporated by the reference in these terms and conditions or on the face hereof, whether expressed or implied, statutory or otherwise, and whether collateral or antecedent hereto or otherwise, are expressly excluded. (c) the Company will be under no liability whatsoever to the Customer for any loss, injury or damage (including consequential loss, injury or damage) suffered or caused as a result of or arising out of any act or omission (whether negligent or otherwise) by the Company, its servant or agents or any other person in any way related to or arising out of the performance of the contract of the Company.
9.2 Where the Goods are not of a kind ordinarily acquired for personal, domestic, commercial, industrial or household use or consumption, the liability of the Company for breach of a condition or warranty will be limited to such one of the following as shall be determined by the Company in its discretion:-
(a) the replacement of the Goods or the supply of equivalent Goods; or (b) the repair of the Goods; or (c) the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or (d) the payment of the cost of having the Goods repaired.
10. Miscellaneous Terms
10.1 Any provision or part of any provision or part thereof (as the case may be) may be served from the contract so that the validity and enforceability of the remaining provisions will not be affected.
10.2 Each contract will be governed by ACL and the parties submit to the exclusive jurisdiction of the courts of the relevant State.