1) General
- Orders are accepted on the conditions that prices charged are those ruling at date of despatch. Whilst every endeavour will be made to deliver goods on the date requested this may not be taken as implying any legal obligation to do so.
- The supplier of the goods is deemed to be the relevant trading entity indicated on the face of the invoice.
2) Prices
- All prices are subject to alteration without notice.
3) Goods & Services Tax (GST)
- GST is applicable to all goods sold.
4) Delivery
- Delivery will be made until each order is completed unless a specific cancellation date is given or written advice to cancel is received. No cancellation will be accepted after delivery has left warehouse.
5) Claims
- Liabilities will not be accepted for shortages or damages in transit unless notification is made within seven (7) days after delivery.
6) Delivery Terms
- FIS to Melbourne, Sydney, Brisbane, Perth, Adelaide, Hobart, Launceston, Newcastle, Canberra, Wollongong and Geelong. All other places to be at your cost per nominated On-Forwarder ex Capital City.
7) Modifications to Design
- The right is reserved to withdraw, modify design and/or specifications of any item without notice.
8) Return of Goods
Hunter Leisure will not accept the return of goods except in the following circumstances:
- (a) Goods of faulty manufacture
(b) Goods not ordered
(c) Duplicated order
(d) Goods for repair or return - No goods are to be returned without obtaining prior authorisation from Hunter Leisure or its agents. Goods returned without authorisation will not be accepted.
- Issuing of a return authority does not imply acceptance of a credit claim.
- Any goods purchased on Clear Out or Special Discount Deal are non-returnable.
- Any items invoiced over twelve (12) months previously are non-returnable.
- Faulty stock will be accepted only from direct accounts and all other returned stock must be channelled back through these accounts.
- Goods for return must have prior approval and to be consigned only through our approved carrier. Please contact our Sales Office for our nominated carrier. Goods forwarded without prior authority and through any other carrier will not be accepted. Please indicate the name of the authorising person on your claim.
- Where goods are returned for repair and are considered unrepairable, then they will be replaced or credited at the discretion of Hunter Leisure.
9) Minimum Invoice Value
- Orders with a value less than $450 will not be supplied until subsequent orders have been received with aggregate in excess of this amount.
10) Payment Terms
- Strictly Nett 30 days or as stipulated on the Customer’s Trading Terms.
11) Late Payment Penalty
- As stipulated on the Customer’s Trading Terms. The right is reserved to charge interest at a rate of 2 per cent above the prevailing Victorian penalty interest rate (currently 10 per cent per annum) on amounts outstanding after thirty (30) days.
12) Property and Risk
- Notwithstanding the passing of risk, property in the goods the subject of this contract does not pass to the Buyer until payment in full is made of all monies owing hereunder. Upon the monies falling due the Vendor (Hunter Leisure) may enter the premises of the Buyer and recover the goods. Until payment the Buyer shall hold the goods as Baillie for the Vendor (Hunter Leisure) and shall if requested by the Vendor keep the goods separate from any other goods of the Buyer and distinctively mark as the property of the Vendor.
- The Buyer shall be entitled to sell the goods in its ordinary course of trade prior to payment to any other party (the sub-purchaser) who shall obtain good title thereto but as between the Buyer and Vendor (Hunter Leisure) the proceeds of such sale to such sub-purchaser as trustee for the Vendor and shall in the event that payment shall not otherwise have been made by the Buyer to the Vendor account accordingly.
- Where the goods are missed or blended with other goods or products in the course of manufacture or sale or converted into another product, the property in the whole thereby created shall thereupon be the property of the Vendor (Hunter Leisure) and the preceding condition shall apply according to the whole.
13) Trade Practices Act
- Subject to the rights conferred by any State Law or the Trade Practices Act 1974 (“The Act”) all conditions and warranties which might be implied in the supply of any goods by Hunter Leisure are hereby excluded and negated to the extent permitted by law and to the extent that the Act permits Hunter Leisure to lessen its liability for a breach of condition or warranty then Hunter Leisure liability is limited to replacement of the goods or the supply of equivalent goods or payment or the cost of replacing equivalent goods for repair of the goods or the payment of the cost of having the goods repaired as the case may be.