Tuesday, 23 October 2018
Nova Strut
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Trading Terms

 

1. Definitions

Nova Strut means Nova Strut Pty Ltd; ABN 51 148 841 561, 4/100 Willarong Road, Caringbah NSW 2229.
Contract means the Contract for the sale of Products made between Nova Strut and the Customer.
Customer means the person, firm or company whose order has been accepted.
Products mean all goods supplied under the Contract and include accessories and attachments to the goods, or replacement parts.
Delivery means collection by the Customer from Nova Strut Ex Works or the delivery by Nova Strut to the Customer.

 

2. Variation of Conditions

These conditions shall be the only conditions of Contract between Nova Strut and the Customer governing the sale of products by Nova Strut to the Customer and no other terms, conditions, undertakings or representations either express or implied shall apply to the Contract except terms and conditions to which Nova Strut has expressly agreed in writing.

 

3. Fitness for Purpose

Nova Strut shall not be liable in respect of any claim arising out of any of the Products proving not to be fit and suitable for any purpose other than that notified to Nova Strut by the Customer and mutually agreed as the relevant specification or reasonably understood by Nova Strut to be the purpose for which the Products would be used.

 

4. Delivery Dates

(a) Time of delivery of Products shall not be of the essence. Whilst every effort will be made to adhere to the delivery dates advised such dates are estimates only and Nova Strut shall not be liable for any losses, costs, charges or expenses suffered by the Customer or any other person or company howsoever arising whether directly or indirectly out of any failure to meet any estimated delivery date.

 

(b) If the Products are not collected by the Customer within 5 business days of the agreed date of Delivery, or completion of the order, whichever is the later, Nova Strut can at its discretion (and without limiting any other right of Nova Strut to recover damages for breach of contract):

 

(i) Deliver the Products to the Customer at the Customer's expense;

 

(ii) Store the Products and charge the Customer a storage fee per day per square meter of space; or

 

(iii) After giving not less than 6 weeks written notice of its intention to do so to the Customer at its last known address, resell or otherwise dispose of the Products. The Customer shall remain liable to pay Nova Strut the amount (if any) by which the agreed price exceeds the proceeds and costs of the resale.

 

5. Risk and Title

(a) Risk in the Products shall pass to the Customer on delivery at the Customer's premises or upon collection by the Customer (as the case may be) but until all sums payable by the Customer to Nova Strut have been paid in full:

 

(i) Full legal and equitable title in and to each Product shall remain with Nova Strut; and

 

(ii) Nova Strut shall be entitled to require the Customer to return each such Product to Nova Strut and to enter any premises of the Customer for the purpose of removing and to remove each such Product.

 

(b) The Customer shall insure the goods against fire, theft and all other risks of loss and damage from delivery until Nova Strut is paid in full and ensure the Products are kept in a secure place.

 

6. Warranty

(a) Nova Strut warrants that all Nova Strut Products will be free from any defect in workmanship for a period of 5 working days from the date of Delivery. If any Products supplied to the Customer suffer from defects within the warranty period then Nova Strut undertakes to replace in part or in whole defective Products such that the Products shall be of merchantable quality. Any products, parts, attachments or trade accessories not produced by Nova Strut shall be subject to the manufacturer's warranty.

 

(b) The Customer's cost of labour to inspect or remove defective parts and to install replacement parts shall be borne solely by the Customer and shall not be reimbursable by Nova Strut.

 

(c) The Customer shall be responsible to regularly inspect the Products and to repair or replace any components that are faulty or damaged.

 

7. Intellectual Property and Confidentiality

(a) The Customer warrants that Nova Strut use of any drawings, specifications and other materials provided by the Customer will not infringe the intellectual property rights of any third party and the Customer indemnifies Nova Strut against any action, loss, expense or damage incurred by Nova Strut in connection with a breach of this warranty.

 

(b) All intellectual property rights in drawings, specifications and other materials prepared by Nova Strut shall remain vested in Nova Strut. Where Nova Strut supplies the drawings, specifications and other materials to the Customer, it does so, on a confidential basis and the Customer shall not make copies of these or use extracts thereof without the prior written consent of Nova Strut and no information covering the same shall be given by the Customer to any third party. The Customer acknowledges that improper use or disclosure of the drawings, specifications and other materials would damage Nova Strut' business.

 

8. Prices

(a) Prices for Products are as specified in the relevant price list or quote supplied to the Customer, but Nova Strut reserves the right to revise such prices at any time prior to the order being accepted by Nova Strut.

 

(b) If prices are quoted by Nova Strut to be Ex Works, the Customer shall bear the costs and expenses of carriage and insurance including any government taxes or charges relating to any purchase of Products.

 

(c) All prices quoted are in Australian dollars and do not include Goods & Services Tax (GST), which will be an additional charge of 10%. Nova Strut Pty Limited COMMERCIAL IN CONFIDENCE Page 4 of 6

 

9. Payment

(a) Payment for Products will be made within thirty (30) days following Delivery of the Products unless agreed otherwise in writing between the parties.

 

(b) No claim by the Customer in respect of Products comprised in any one Delivery shall entitle the Customer to withhold payment of the whole or any part of the price payable in respect of any other Delivery of Products.

 

(c) If the Customer does not make any payment to Nova Strut within 14 days of the time it falls due, then Nova Strut may at its option decline to supply further Products under the Contract and the Customer will pay to Nova Strut interest on the overdue amount at the rate prescribed under the NSW Supreme Court Act for judgment debts and all other sums due to Nova Strut by the Customer become immediately due and payable.

 

10. Refunds

(a) Nova Strut will only accept the return of goods for refund if the goods are found to be faulty.  The Customer should advise Nova Strut of the faulty good within 48 hours of the order being received.  Request for the return of faulty goods picked up directly by the customer or by a courier on behalf of the customer will not be accepted.

 

Refund will be via credit on the account or in the case of the order being paid by credit card, the nominated card will be directly credited.  Case will not be provided for any credit card payment.

 

In the case of products being ordered incorrectly and a return request authorised, a 10% re-stocking fee will be charged.

 

11. Cancellation and Variation of Orders

(a) The Customer shall not cancel any order for the supply of Products nor vary any delivery date without the prior written consent of Nova Strut may, as a condition of its consent, impose a charge for cancellation equivalent to the costs incurred by Nova Strut prior to the date of cancellation in respect of all items manufactured or supplied to Nova Strut in connection with the supply of the Products.

 

(b) In the event of cancellation of an order by the Customer without Nova Strut' written consent, the Customer shall remain liable to pay Nova Strut the full price of the Products.

 

12. Limitation of Liabilities or Warranties

(a) The Customer acknowledges that it has relied on its own skill and judgment in the selection and use of the Products and in the results expected thereof.

 

(b) Except as expressly provided to the contrary

 

(i) The entire liability of Nova Strut to the Customer, whether in contract, in tort or otherwise arising out of, or in connection with, or relating to the performance of, or failure to perform, or any breach of the Contract (including without limitation under any indemnity in the Contract) shall not exceed in total the aggregate of all sums payable by the Customer to Nova Strut under the Contract; and

 

(ii) Nova Strut will not be liable to a Customer or any third party for loss of profits or contracts or other indirect or consequential loss or damage arising out of a sale or use of Products and whether or not Nova Strut was aware that such loss or damage was possible or such loss or damage was otherwise foreseeable.

 

(c) Warranties, conditions, promises or statements either express or implied, statutory, collateral or otherwise, relating to the Products, which are not expressly referred to herein are hereby expressly excluded to the extent permitted by law.

 

(d) If the Products produced by Nova Strut are not free from defects due to faulty material or workmanship then Nova Strut shall at its cost and option either:

 

(i) Repair such Products, or

 

(ii) Replace such Products with the same or equivalent Products at the point of delivery.

 

(e) Nova Strut will not be liable for any loss or damage which may arise from inaccuracies or defects in any drawings, specifications, design or any other information supplied by or on behalf of the Customer unless agreed otherwise in writing.

 

(f) Nova Strut will not be liable for any non-performance or breach of its obligations under the Contract if that non-performance or breach results from any cause beyond Nova Strut' reasonable control including, without limitation, acts of God, civil or military disorder, industrial dispute, transportation delays or inability to obtain materials or parts from suppliers.

 

12. Credit Card Payment Security

We have used the latest secure, encryption services to ensure that as far as practical that your shopping with us is as safe as can be.  Our server security is constantly monitored and updated to remain safe.

 

Nova Strut do not see or retain any credit card details when you use our online facility.  This information is passed between yourself and our merchant bank in encrypted form after which we receive confirmation that the payment is approved from them. 

 

13. Insolvency

If the Customer becomes subject to any form of insolvency administration then Nova Strut may at its option and without penalty cancel any part of the Contract not yet completed, require payment of all moneys payable under the Contract and recover any Products not paid for in full.

 

14. Assignment

The Customer may not assign or novate the Contract without the written consent of Nova Strut.

 

15. Governing Law

These terms and conditions shall be construed, governed by and interpreted in accordance with the laws of the State of New South Wales and Australia and hereby submit to the jurisdiction of the courts of New South Wales.