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Terms and Conditions

ALLFAST SOLUTIONS – TERMS & CONDITIONS OF SALE

  1. Acceptance: 
    The order for supply is accepted by the company entirely on the terms and conditions referred to herein and these conditions are paramount unless any variation thereto is specifically agreed by the company in writing.

  2. Delivery:
    The company shall not be liable for non-delivery (except to refund any monies paid on account of purchase price) for delay in delivery on the part of the company from whatsoever cause and shall not in any event be liable for any direct or indirect act or omission by or on behalf of the company.

  3. Pricing:
    All prices other than those quoted in the written quotation as valid for a specific period, are subject to change without notice.  Prices are quoted exclusive of GST or other taxes which are payable in addition to the quoted price.

  4. Payment:
    To be made by the 30th of the month following that of despatch, unless otherwise agreed.

  5. Alteration to Specification:
    In the event of any alteration by the manufacturer in the design of specification of any goods the company shall be entitled to deliver goods conforming to the altered design or specification in the fulfilment of this agreement.

  6. Warranty and Conditions:
    The only warranty on the part of the company in respect of any new goods is that the goods shall be of merchantable quality only and such warranty is to the exclusion of all other warranties conditions and liabilities whether by status or common law whatsoever expressed or implied or whether arising in contract of any statute or otherwise.  No representation in relation to the goods shall be binding on the company unless in writing and signed by the company or the company’s manager (without limiting the generality of the foregoing provisions the company shall not be liable for any personal injury, property damage consequential or contingent or other loss or damage whatsoever caused through the negligence or otherwise of the company, its servants or agents).  In respect of the failure of any goods the company’s liability shall be limited to the replacement of those goods with similar goods of merchantable quality or at the sole option of the company refund of any monies by the purchaser in full.

  7. Used Goods:
    The company does not give any express or implied warranty regarding the condition and/or state of repair, merchantable quality or any other warranty whatsoever in respect of used goods sold by the company and the purchaser specifically acknowledges that it has purchased such goods in reliance on its own skill and judgement. 

  8. Passing of Risk:
    All goods shall remain at the risk of the company until such goods shall leave the premises of the company.  Thereafter all goods shall be at the sole risk of the purchaser.

  9. Passing of Property and Possessions and Reservation as to the Title:
    All right title and ownership of the goods shall remain with the company until such time as the full purchase price has been paid by or on behalf of the purchaser to the company in legal tender.  Until payment has been received the Company still owns the goods.

    In the event that such goods have been purported to be sold to any other party then the monies goods or other consideration received by the purchaser shall be deemed to be held in trust by the purchaser for the company without prejudice to the company’s continued title in the goods referred to in this contract note until paid in full.

    In the event that such goods have been incorporated in other goods or have had other goods incorporated in them the company shall be entitled to obtain possession upon demand of such further goods which incorporate those referred to in this contract note or are incorporated within the goods referred to in this contract note.

    The purchaser hereby irrevocably appoints the company its agent to obtain possession of all such goods referred to herein and the production of this contract note shall be accepted conclusively as evidence of the company’s rights.  The purchaser hereby authorises the company to enter such premises where the goods are contained whether locked or unlocked and to obtain such possession.

  10. Returns:
    The company may in its discretion accept goods returned by the purchaser but shall not be bound to make cash refunds in respect thereof.  The company shall be entitled to charge reasonable handling and accounting fees and such charge may be deducted from the amount of the credit to which the purchaser may be entitled.

  11. Interpretation:
    “The company” means Allfast Solutions.  These conditions supercede and exclude all general terms of contract imposed or sought to be imposed by the purchaser at any time in relation to the order in so far as such terms and conditions are inconsistent herewith.