FlexiTunnel Order Form |
| ||
Terms of Trade and Conditions
1. Price
1.1 The prices on the Price list and Order Form 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 of 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
The agreement shall be effective and binding in case of the Customer when the 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, not withstanding the clauses in the 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 t
10. Warranty part.
All goods are guaranteed 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.
1.1 The prices on the Price list and Order Form 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 of 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
The agreement shall be effective and binding in case of the Customer when the 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, not withstanding the clauses in the 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 t
10. Warranty part.
All goods are guaranteed 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.
