Terms of Trade
1.Price
1.1.The prices on
this Order Confirmation are those in effect at this time and
will not expire for a minimum of 28 days but are otherwise subject
to change without notice.
1.2 .Unless otherwise stated the purchase price is exclusive
GST.
2.Payment Terms
All goods must be
paid in full and cheques cleared before dispatch takes place.
3.Delivery
All goods will be
dispatched within 7 working days after receiving payment.
4.Freight
4.1. All goods are
freight ex-Store.
4.2. Freight can be organised by FlexiTunnel according to the
Customers instructions and is dispatched via Limited Carriers
Risk. Ensure that any documents are endorsed when received if
damage is at all suspected, as liability is the Customer's and
carrier's and is not that of FlexiTunnel.
5.Goods
for return
No goods shall be
returned to FlexiTunnel unless the Customer first obtains written
consent to such return, and this consent must be sought by the
Customer within a reasonable period of the goods having been
delivered to him. When Flexitunnel does accept the goods for
return the cost for the return shall be to the Customer account
and FlexiTunnel may in addition charge to the buyer a handling
fee.
6.Effective
Date
This agreement shall
be effective and binding in case of the Customer when this Order
Confirmation has been signed and in the case of FlexiTunnel
when payment has been received and funds cleared.
7.Risk
of Loss and Title
Risk of loss or damage
and title to the goods shall pass to the Customer on dispatch.
8.Limitation
of Liability
In so far as the
Customer may, notwithstanding the clauses in this Order Confirmation,
have any claim for damages against FlexiTunnel at law the same
shall not include damages for indirect or consequential loss
of any kind which the Customer hereby acknowledges and agrees
are not reasonably foreseeable and if liable to result from
failure of the goods shall be restricted to the purchase price
of the goods or the loss or damage suffered (determined in accordance
with the principles of common law) which ever shall be the lesser.
9.Force
Majeure
Neither party will
be liable in delays in performing obligations or for failure
to perform obligations if the delay or failure results from
any of the following, Force Majeure, Act of God, any Government
act, fire, explosion, accident, industrial dispute, impossibility
of obtaining materials or anything beyond the parties control
and which is not preventable by reasonable diligence on its
part.
10.Warranty
All goods are guarantied
to be free of faulty workmanship and within the stated specifications.
Any Warranties or conditions, statuary or otherwise, as to the
goods quality or fitness for any purpose are excluded.