GMS Innovation Pty Ltd
TERMS AND CONDITIONS OF SALE:
1. Prices quoted are inclusive of GST (unless otherwise stated) and are subject to change without prior notice.
2. All sales are subject to availability of goods and GMS Innovation Pty Ltd ‘the vendor’ shall not be responsible for any losses incurred by the buyer should goods not be available for delivery. From time to time goods may be out of stock. In such cases the vendor will automatically place the order on back order and advise the customer of the situation. Unless specifically cancelled, goods will be supplied upon availability.
3. Notwithstanding that delivery may have been made, title in any products sold by the vendor shall not pass to the buyer and an unpaid vendor’s lien shall be placed on the goods until payment is received in full. The vendor shall be entitled to repossess the goods if payment is not made or the buyer and the vendor do not reach an agreement re payment.
4. Terms of payment for buyers not using the secure PAYPAL system on this website are expected to pay in full upon invoice.
5. The buyer shall pay interest on all overdue sums at the rate of one and one half percent (1.5%) per month or such lesser rate as may be specified in writing from the due date for payment thereof. The vendor shall charge debt collection fees which may be incurred in recovering any overdue amounts. The buyer agrees to pay all costs and expenses on a Solicitor/Client basis if legal action is necessary. In addition the vendor may withhold delivery of further goods to the buyer until the outstanding amount plus interest and, or costs are paid in full.
6. The buyer must inspect the goods or services immediately following delivery. The buyer may only return goods with the prior approval of the vendor. The goods must be returned within five (5) days of the date of delivery in an unsoiled, undamaged and resaleable condition. Goods over ordered or incorrectly ordered by the customer will be accepted back for credit with the customer paying the freight within five (5) days of receipt of goods. Any claim that the goods or services are not in accordance with these terms and conditions (including if they are defective, damaged during delivery or are short delivered) must be made at the time of delivery provided or in writing to the vendor within five (5) days after delivery of the goods to the buyer. If the buyer fails to make a claim, then to the extent permitted by law, the goods are deemed to have been accepted by the buyer and the buyer must pay for the goods or services in accordance with these terms and conditions.
7. The buyer agrees to mortgage and/or charge any interest they have in securable assets to the vendor and the buyer agrees to indemnify the vendor for any costs they incur while enforcing this clause. The buyer also agrees to appoint the seller as their lawful attorney in order for the seller to give effect to this clause.
8. Where there is a change in the proprietors of the trading name of or composition of the partnership controlling the buyer, then unless otherwise notified in writing of such change these conditions of sale will and shall continue to apply to any such giving of credit.
9. The vendor shall not be liable for any failure to perform the contract or supply any materials, or for any delay or non-delivery due to strikes, fires, explosion, flood, riot, injunction, interruption of transportation, accidents, inability to obtain supplies at reasonable prices, war or force majeure, governmental action, or any other circumstances beyond the vendor’s control. The vendor’s liability for any claim, whatsoever in respect of products sold here under shall not exceed the price of the product. The customer assumes all risks and liability for the products purchased from the vendor and their use upon and after delivery. Any and all warranties or conditions expressed, implied or statutory are expressly excluded except those which cannot be lawfully excluded.
10. Order placed by the buyer or on behalf of the buyer will be accepted strictly subject to these conditions of sale. The placing of such orders shall be conclusive of the fact that the buyer has read, understands and agrees to such conditions of sale.
Please note: GMS does everything in its power to ensure that product pricing is correct, however we reserve the right to ammend our prices should there be an error or omission on any of its products without any subsequent recourse or liability from the customer. Should you have a query on our prices please contact us:
enquiries@gmsinnovation.com.au
