Terms & Conditions
1. DEFINITION
In these Terms and Conditions of Sales:
"Supplier" means Ramset Fasteners Australia and Reid Construction Systems, divisions of ITW Construction Products Australia Pty Ltd ABN 48 004 297 009;
"Customers" means any person who has placed an Order with the Supplier or request a Quotation from the Supplier;
"Goods" means any goods and/or services requested by the Customer in an order;
"Terms" means these terms and conditions
2. SALE PRICES
Prices of Goods shall be the then current price charged by the Supplier as at the date of delivery of the Good. Prices are subject to change without notice.
3. GST
The Customer must pay to the Supplier any amount, which the Supplier is required to pay on account of any GST as a consequence of any supply made or deemed to be made in connection with this agreement. The GST amount must be calculated at the prevailing rate of GST imposed by the government.
4. SMALL ORDER SURCHAGE
A minimum surcharge of $15 will apply to any invoice amount of under $100 unless otherwise advised in writing.
5. DELIVERY CHARGE
All deliveries will incur a minimum delivery charge of $10.
6. AVAILABILITY OF STOCK
Deliveries at any time are subject to availability of stock, and the Supplier will not be liable for any charges due to product unavailability. No responsibility will be accepted for delays outside the supplier"s control.
7. CREDIT TERMS
Invoices must be paid in full no later then 30 days after the last day of the month in which the invoice was issued.
Accounts exceeding their limit will be suspended until the account is paid in full.
8. COLLECTION AND LEGAL FEES
If the Customers breaches these Terms, the Customer must pay any collection, commission and/or legal fees charged by any party to recover any money due.
9. RETURN OF GOODS
a. Goods will not normally be accepted for return after (14) days from date of delivery.
b. Acceptance of Goods returned does not imply agreement to issue a credit note.
c. A credit note will only be issued if the returned Goods are in original packs and found to be satisfactory by the Supplier in saleable condition. Delivery charge and small order surcharge will not be credited.
d. Freight on returns will be at the Customer"s expense.
e. Customers will be subject to 20% handling and restocking charge, except in the case of Supplier error, or defective goods.
10. RESERVATION OF TITLE
The Supplier whilst parting with possession of the Goods shall retain title to those Goods and title shall only pass to the Customer when full payment in cleared fund is received by the Supplier. Until this happens:
a. the relationship between the Supplier and Customer is a fiduciary one
b. the Customer holds the Goods as bailee for the Supplier
c. the Customer shall not assign its rights, title or interest in any book debts arising in its favour in respect of its sale of Goods
The customer is however obligated to pay the proceeds of sale into a separate account pending payment to the Supplier. Until payment in full the Customer is obliged to store the Goods separately pending sale and must keep separate records of sales of Goods owned by the Supplier. In default of payment, title is to remain with the Supplier who shall have the right to repossess the Goods without notice to the Customer and for this purpose the parties agree that the Supplier may enter the property of the Customer and recover the Goods. The right to enter is without prejudice to any other rights of the Supplier deriving from these Terms of the general law.
In the event that the Customer uses the Goods in some manufacturing or construction purposes of its own or some third party, then the Customer shall hold such part of the proceeds of such manufacturing or construction process as relates to the Goods in trust for the Supplier. Such part shall be deemed to equal in dollar terms the amount owing by the Customer to the Supplier at the time of the receipt of such proceeds.
11. TOOL SERVICE/REPAIR
a. Tools that are serviceable by Ramset National Service Centre (NSC) can be found in the Ramset website (www.ramset.com.au)
b. Quotations provided will be valid for a maximum period of 1 month, after which if a reply is not received by NSC, the tool will be returned unassembled to the point of origin or assembled at the listed price.
c. If tools are not claimed within 3 months of completion of service/repair the supplier reserves the right to dispose of the tools in order to recover the cost of service/repair.
12. LIABILITY OF THE SUPPLIER
a. The Supplier will not be liable in respect of any loss or damages (including consequential loss or damage), howsoever caused (whether by negligence or otherwise), which may be suffered or incurred or which may arise directly or indirectly in respect of the Goods, howsoever acquired where any person has:
i. modified or in any way altered the Goods or changed the formulation or make-up of the Goods;
ii. failed to use the Goods in accordance with the instructions or recommendations of the Supplier published from time to time in connection with the use of the Goods;
iii. failed to use the Goods in accordance with any applicable laws or regulations.
b. The Supplier will not be under any liability in respect of any loss or damage (Including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of any technical advice or assistance given or rendered by it to the Customer whether or not in connection with the manufacture, preparation or supply of Goods and/or Services to the Customer, provided that the Supplier has provided such technical advise or assistance with due care and skill.