Terms of service
Terms and Conditions - Commercial
1. SCOPE:
All Goods and Services supplied by Bowermans Pty Ltd, trading as Bowermans (“the Supplier”) are supplied on the following terms and conditions.
2. ORDER ACCEPTANCE:
2.1 No order shall be binding on the Supplier until accepted by the Supplier and executed between the parties by its authorised representatives.
2.2 An individual contract for the supply of Products or Services, on these terms and conditions, is formed on acceptance by the Supplier of an order from the Customer.
3. PAYMENT:
3.1 Upon the acceptances of orders, the Purchaser is required to make a payment of 50% as deposit for the Goods and Services (unless otherwise agreed payment terms apply).
3.2 The balance of monies owed will be in accordance with the agreed payment terms. Where no payment terms are offered by the Supplier, the balance must be paid in full prior to delivery and/or installation of the Goods and Services.
4. CANCELLATION:
The Purchaser understands that upon acceptance of the Order, in the event of any cancellation by the Purchaser, the Supplier shall and is entitled to retain the 50% deposit as Cancellation Fee and is non-refundable to the Purchaser.
5. PRICING:
5.1 Goods/Services - The price of Goods will be in accordance with the quote as provided by the Supplier. Quotes are fixed and remain valid for a period of thirty (30) days from the date of the final quotation, unless otherwise specifically stipulated on the quotation and if within this period are ordered by the Customer will further remain fixed from receipt of the Customer's order until the Delivery Date.
5.2 Variation to Pricing - If after acceptance of the quote as provided by the Supplier, the Customer delays the Delivery Date other than due to a Force Majeure Event, for a period greater than two (2) months, that the Supplier reserves the right to vary the Pricing for the Goods and Services.
6. TITLE TO PRODUCTS:
Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to the Supplier. Risk in the Products will pass on delivery to the Customer.
7. DELIVERY:
7.1 The Supplier reserves the right to charge for delivery of the Products at any time. Partial deliveries may be subject to an extra delivery charge.
7.2 Delivery or Collection of Goods - When receiving goods it is the customer’s obligation to inspect the goods thoroughly before signing the Delivery Docket as any claims for scratches, marks, dents and any other damages will not be accepted once signed.
8. RETURNS:
8.1 Any Products which are damaged or defective, or which are not otherwise in accordance with the Customer's order, or which the law provides may otherwise be returned to the Supplier.
8.2 The Customer may otherwise return Products to the Supplier and obtain a credit:
(a) except for specially purchased products, products specifically tailored for the Customer's requirements.
(b) provided that it does so within 14 days of delivery and a return authorization is obtained from the Supplier;
(c) provided that the Products are in their original condition;
(d) at the Customer's own expense, or to the Customer's account; and
(e) on the basis that risk in the Products remains with the Customer until the Products are received by the Supplier, and that a restocking or return fee may be charged.
8.3 Notwithstanding the provisions of this clause 8, the Supplier will not accept a returned Product where the Customer has caused the Product to become unmerchantable or failed to take steps to prevent the Product from becoming unmerchantable or the Product has become damaged by abnormal use whilst in the possession of the Customer.
9. WARRANTY:
9.1 This Warranty will cover Product and Installation only on a repair /replace basis;
9.2 The Supplier warrants to the Customer as follows;
9.3 The Goods shall, unless otherwise agreed in writing by the Customer, be new and conform to the description and any applicable specifications as to both quantity and quality specified in the order. To avoid doubt, if the Customer agrees that any Goods may be reconditioned, then the Supplier warrants that such reconditioned goods will perform to the same specifications as new Goods;
9.4 Are of merchantable quality, free from defects and fit for the purpose for which they are ordinarily used or required by the Customer.
9.5 Are free of any encumbrances or liens.
9.6 Are legally and beneficially owned by the Supplier.
9.7 All new Goods supplied will be subject to the manufacturer's warranty and no separate or additional warranty is provided by the Supplier.
9.8 All reconditioned Goods (if any) are guaranteed by the Supplier to perform as specified for a period of three (3) months from date of delivery to Customer.
9.9 All Services are guaranteed to be error free for a period of three (3) months from the date of completion.
10.LIABILITY:
10.1 The liability of the Supplier under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option or the Supplier to the following if:
(a) the breach or liability relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) if the breach or liability relates to services;
(i) the supplying of the services again; or
(ii)the payment of the cost of having the services supplied again.
10.2 Except to the extent the law provides that liability is not able to be excluded, the Supplier shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by the Supplier or the failure of the Supplier to comply with these terms and conditions.
11.CONFLICTS:
These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer's order. In the event of any inconsistency, the Supplier will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. The Supplier reserves the right to change these Terms and Conditions at any time.
1. SCOPE:
All Goods and Services supplied by Bowermans Pty Ltd, trading as Bowermans (“the Supplier”) are supplied on the following terms and conditions.
2. ORDER ACCEPTANCE:
2.1 No order shall be binding on the Supplier until accepted by the Supplier and executed between the parties by its authorised representatives.
2.2 An individual contract for the supply of Products or Services, on these terms and conditions, is formed on acceptance by the Supplier of an order from the Customer.
3. PAYMENT:
3.1 Upon the acceptances of orders, the Purchaser is required to make a payment of 50% as deposit for the Goods and Services (unless otherwise agreed payment terms apply).
3.2 The balance of monies owed will be in accordance with the agreed payment terms. Where no payment terms are offered by the Supplier, the balance must be paid in full prior to delivery and/or installation of the Goods and Services.
4. CANCELLATION:
The Purchaser understands that upon acceptance of the Order, in the event of any cancellation by the Purchaser, the Supplier shall and is entitled to retain the 50% deposit as Cancellation Fee and is non-refundable to the Purchaser.
5. PRICING:
5.1 Goods/Services - The price of Goods will be in accordance with the quote as provided by the Supplier. Quotes are fixed and remain valid for a period of thirty (30) days from the date of the final quotation, unless otherwise specifically stipulated on the quotation and if within this period are ordered by the Customer will further remain fixed from receipt of the Customer's order until the Delivery Date.
5.2 Variation to Pricing - If after acceptance of the quote as provided by the Supplier, the Customer delays the Delivery Date other than due to a Force Majeure Event, for a period greater than two (2) months, that the Supplier reserves the right to vary the Pricing for the Goods and Services.
6. TITLE TO PRODUCTS:
Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to the Supplier. Risk in the Products will pass on delivery to the Customer.
7. DELIVERY:
7.1 The Supplier reserves the right to charge for delivery of the Products at any time. Partial deliveries may be subject to an extra delivery charge.
7.2 Delivery or Collection of Goods - When receiving goods it is the customer’s obligation to inspect the goods thoroughly before signing the Delivery Docket as any claims for scratches, marks, dents and any other damages will not be accepted once signed.
8. RETURNS:
8.1 Any Products which are damaged or defective, or which are not otherwise in accordance with the Customer's order, or which the law provides may otherwise be returned to the Supplier.
8.2 The Customer may otherwise return Products to the Supplier and obtain a credit:
(a) except for specially purchased products, products specifically tailored for the Customer's requirements.
(b) provided that it does so within 14 days of delivery and a return authorization is obtained from the Supplier;
(c) provided that the Products are in their original condition;
(d) at the Customer's own expense, or to the Customer's account; and
(e) on the basis that risk in the Products remains with the Customer until the Products are received by the Supplier, and that a restocking or return fee may be charged.
8.3 Notwithstanding the provisions of this clause 8, the Supplier will not accept a returned Product where the Customer has caused the Product to become unmerchantable or failed to take steps to prevent the Product from becoming unmerchantable or the Product has become damaged by abnormal use whilst in the possession of the Customer.
9. WARRANTY:
9.1 This Warranty will cover Product and Installation only on a repair /replace basis;
9.2 The Supplier warrants to the Customer as follows;
9.3 The Goods shall, unless otherwise agreed in writing by the Customer, be new and conform to the description and any applicable specifications as to both quantity and quality specified in the order. To avoid doubt, if the Customer agrees that any Goods may be reconditioned, then the Supplier warrants that such reconditioned goods will perform to the same specifications as new Goods;
9.4 Are of merchantable quality, free from defects and fit for the purpose for which they are ordinarily used or required by the Customer.
9.5 Are free of any encumbrances or liens.
9.6 Are legally and beneficially owned by the Supplier.
9.7 All new Goods supplied will be subject to the manufacturer's warranty and no separate or additional warranty is provided by the Supplier.
9.8 All reconditioned Goods (if any) are guaranteed by the Supplier to perform as specified for a period of three (3) months from date of delivery to Customer.
9.9 All Services are guaranteed to be error free for a period of three (3) months from the date of completion.
10.LIABILITY:
10.1 The liability of the Supplier under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option or the Supplier to the following if:
(a) the breach or liability relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) if the breach or liability relates to services;
(i) the supplying of the services again; or
(ii)the payment of the cost of having the services supplied again.
10.2 Except to the extent the law provides that liability is not able to be excluded, the Supplier shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by the Supplier or the failure of the Supplier to comply with these terms and conditions.
11.CONFLICTS:
These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer's order. In the event of any inconsistency, the Supplier will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. The Supplier reserves the right to change these Terms and Conditions at any time.