Terms of Sale
In these conditions:
1.1 “Contract” means these terms and conditions, the quotation, the privacy consent form and (if any) the purchase order, the account application and the guarantee and indemnity.
1.2 “Customer” means the purchaser of the Goods.
1.3 “Goods” means the products and (if any) services specified overleaf.
1.4 “Delivery” means delivery, dispatch and any other related steps in the delivery process.
1.5 The consideration for this Contract is specified in the quotation.
2. These conditions supersede and exclude all prior discussions, representations (contractual or otherwise) and arrangements relating to the supply of Goods to the Customer and prevail over conditions in the Customer’s order to the extent of any inconsistency.
TERMS OF SALE
3. The Goods sold or supplied by Controlstore are sold or supplied on these terms and conditions.
4. The Customer waives any claim for shortage of any Goods delivered if a claim in respect of short delivery is not lodged withControlstore within seven (7) days from the date of receipt of Goods by the Customer.
5.1 All specifications, drawings and particulars of weights and dimensions submitted to the Customer are approximate only and any deviation from any of these does not vitiate any Contract or form grounds for any claim against Controlstore. Goods to the manufacturer’s latest specification may be supplied by Controlstore.
6. Performance figures given by Controlstore are estimates only. Controlstore is not liable for damages for failure of the Goods to attain such figures unless specifically guaranteed in writing. Any written guarantees are subject to the recognised tolerances applicable to such figures.
7.1 Delivery times made known to the Customer are estimates only and Controlstore is not liable for late delivery or non-delivery.
7.2 Any order placed by 1pm AEDT will be dispatched on the same day, but we cannot absolutely guarantee delivery dates or times. Delivery times will be advised but such information is indicative only.
7.3 Notwithstanding any other representations made by Controlstore concerning delivery, Controlstore is not liable for any loss, damage or delay of delivery occasioned to the Customer or its customers arising from unavailability of stock, outages of servers or other information technology, delays of third-party couriers or other delivery personnel, unavailability of staff or any other factor outside of the reasonable control of Controlstore
7.4 Controlstore may deliver the Goods to the Customer in any number of instalments.
7.5 If any instalment is defective for any reason:
a. it does not repudiate the Contract; and
b. the defective instalment is a severable breach that gives rise only to a claim for compensation.
LOSS OR DAMAGE IN TRANSIT
8.1 Controlstore is not responsible to the Customer or any person claiming through the Customer for any loss or damage to Goods in transit caused by any event of any kind by any person (whether or not Controlstore is legally responsible for the person who caused or contributed to that loss or damage).
8.2 Controlstore must provide the customer with such assistance as may be reasonably necessary to institute claims against a carrier for damages to Goods in transit so long as the Customer:
a. has notified Controlstore and the carrier in writing immediately after loss or damage is discovered by the Customer on receipt of Goods; and
b. serves a claim for compensation on the carrier within 7 days of the date of receipt of the Goods.
9.1 The guarantee of the manufacturer of the Goods is accepted by the Customer and is the only guarantee given to the Customer in respect of the Goods. Controlstore assigns to the Customer the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to Controlstore to the extent that the benefit of any warranty or entitlement is assignable.
9.2 Controlstore is not liable for and the Customer releases Controlstore from any claims in respect of faulty or defective design of any Goods supplied unless such design has been wholly prepared by Controlstore and the responsibility for any claim has been specifically accepted by Controlstore in writing. Controlstore’ liability under this clause is limited to the replacement or repair of defective parts or resupply within 12 months after the Goods have been supplied.
9.3 Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness for purpose of the Goods or as to design, assembly installation, materials or workmanship or otherwise are excluded. Controlstore is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of Controlstore’ negligence or in any way.
10.1 Controlstore’s liability for a breach of a condition or warranty implied by part 3-2, division 1 of the Australian Consumer Law (ACL) is limited to:
a. in the case of Goods, any one or more of the following:
i. replacement of the Goods or supply of equivalent Goods;
ii. repair of the Goods;
iii. payment to replace the Goods or acquire equivalent Goods;
iv. payment to repair the Goods; or
b. in the case of services:
i. resupplying the services; or
ii. payment to supply the services again.
10.2 Controlstore’s liability under section 274 of the ACL is expressly limited to a liability to pay to the customer an amount equal to
a. the cost of replacing the Goods;
b. the cost of obtaining equivalent goods; or
c. the cost of having the Goods repaired,
whichever is the lowest amount.
10.3 Nothing excludes, restricts or modifies or has the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including ACL) and which by law cannot be excluded, restricted or modified.
10.4 Notwithstanding the above, certain Goods (dependant on the product) are subject to a Manufacturer’s Warranty which varies from product to product. In the event, the Manufacturer’s warranty exceeds that of Controlstore’s, you may have the option to liaise directly with the manufacturer or their repair agent. Controlstore’s members will assist you with the relevant manufacturer contact details. Certain Goods may need to be sent to the Manufacturer or repair agent for assessment. We will comply with the refund or replacement if the Goods are assessed by manufacturer as faulty.
11.1 In this Contract all prices quoted are exclusive of Goods and Services Tax (GST) when advertised on the site.
11.2 GST is added to the prices quoted at the checkout/shopping cart.
11.3 The Customer must pay the price of the Goods to Controlstore immediately at the time of contract.
RIGHTS IN RELATION TO GOODS
12.1 Controlstore reserves the following rights until all accounts owed by the Customer to Controlstore are fully paid:
a. ownership of the Goods;
b. to enter the Customer’s premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and
c. to keep or resell any repossessed Goods. If Goods are resold, or products manufactured using the Goods are sold, by the Customer, the Customer must hold that part of the proceeds of sale as is equal to the invoice price of the Goods in a separate identifiable account as the beneficial property of Controlstore and pay such amount to Controlstore upon request. Controlstore is entitled to maintain an action against the Customer for the purchase price.
12.2 The risk of the Goods passes to the Customer upon delivery.
13. Any property of the Customer underControlstore’s possession, custody or control is at the Customer’s risk as regards loss or damage caused to the property or by it.
14. Controlstoremay charge for storage if delivery instructions are not provided by the Customer within fourteen days of a request by Controlstore for such instructions. Controlstore may charge for storage from the first day after Controlstore requests the Customer to provide delivery instructions.
15.1 Controlstore need not accept Goods returned by the Customer and will do so only on terms to be agreed in writing in each case.
15.2 If Controlstore accepts returned Goods from the Customer under clause 15.1, the Customer must return the Goods in their original packaging with the original quotation and the delivery docket or the invoice to Controlstore’s place of business referred to in the quotation.
16. Goods supplied by Controlstore are as described on the purchase order agreed by Controlstore and the Manufacturer and this description prevails over all other descriptions including any specification or enquiry of the Customer.
17. No order may be cancelled except with consent in writing by Controlstore and on terms which indemnify Controlstore against all losses.
18. The Customer indemnifies on a continuing, full indemnity basisControlstore from and against any liability, loss, expense and demand for or arising from any false, misleading representation or statement made by the Customer in respect of the Goods to any person. This indemnity survives termination of this Contract.
PLACE OF CONTRACT
19.1 The laws of New South Wales apply to this contract.
19.2 The parties must submit all disputes arising between them to the Courts of New South Wales and any court competent to hear appeals from those Courts of first instance.