||TERMS OF SITE USE
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated
by A & L SUPPLY COMPANY, PTY.LTD. No material from the site
may be copied, reproduced, republished, uploaded, posted, transmitted
or distributed in any way, except that you may download one
copy of the materials on any single computer for your noncommercial
use only, provided that you keep intact all copyright and other
proprietary notices. Modification of the materials or use of
the materials for any other purpose is a violation of A & L
Supply Company's copyright and other proprietary rights. The
use of any such material on any other Web site or networked
computer environment is prohibited.
THE MATERIALS IN THIS SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, A & L SUPPLY COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A &
L SUPPLY COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
A & L SUPPLY COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT A & L SUPPLY COMPANY) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall A & L Supply Company be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if A & L Supply Company or a A & L Supply Company authorized representative has been advised of the possibility of such damages. In no event shall A & L Supply Company have any liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing this site.
STANDARD TERMS & CONDITIONS OF SALE
of sale apply to all our sales of goods contracts. Any order
placed with us constitutes your agreement to be bound by these
terms. Any additional or different terms you stipulate or state
in any communication with us (including any order) are hereby
objected to and will not bind us unless we agree in writing.
No sales person, representative, agent or distributor is authorised
by us to give any guarantee, warranty or representation in addition
to, or contrary to these conditions. In any event, receipt of
goods by you, (or another as you direct) upon delivery constitutes
your agreement to be bound by these terms.
Price & Price Variations
1.1 The prices quoted on
our web site as well as our price list and advertising literature
are for guidance only. Unless otherwise agreed in writing, the
contract price of the Goods will be as stated in our price list(s)
current on the day of delivery of the Goods. Prices quoted do
not include sales tax or any delivery surcharge.
1.2 Minimum order value for processing is $20 net before sales tax. Minimum monthly average $300, otherwise an account service fee will be charged for maintaining your account.
2.1 The terms of payment are Net Cash (30) days fro account holders, C.O.D. for non-account holders with credit card payment options available online. We reserve the right to charge 18% per annum (1.5% per month) on any outstanding balance beyond 30 days.
2.2 Should your account appear on our overdue listings
in two consecutive months your credit facilities shall be withdrawn
immediately. Whereupon goods may be purchased on a cash sale
3.1 We reserve the right
to accept in whole or in part any order or decline an order
and any part thereof no accepted by us is deemed to be canceled.
All orders must be for at least standard pack quantities as
shown in the Company's Price List or online Catalogue.
3.2 We reserve the right to accept any order subject to product specifications being without prior notification.
4.1 We shall deliver the
Goods by such carrier and such form of transportation as we
consider appropriate. Where you specify the carrier and the
means of carriage we shall deliver the Goods in the way specified,
the cost of such carriage being additional charge to the invoiced
price of the Goods.
4.2 We will not be responsible for any part delivery
or delay in delivery of the Goods as a result of events occurring
beyond our control. We shall not be in any way responsible for
any consequence (direct or indirect) arising from any such delay
4.3 All orders shall be satisfied as soon as reasonably
practicable by us in the ordinary course of business. Where
a delivery date is specified in your order,we will use our best
endeavors to effect delivery by the date specified. Delivery
times may be effected by stock availability and we will not
be responsible for any delays occurring. You will accept delivery
when made even if a later date is specified in your order.
Damage, Non Delivery & Short Delivery
5.1 We accept no liability
for damage of Goods in transit, for short delivery or for other
delivery or for other non-delivery of goods unless you notify
us in writing within seven(7) days after delivery or, in the
case of non delivery, within two(2) days after the date of our
advice to the dispatch of the Goods, and a satisfactory inspection
of the goods and the place of delivery is carried out by us
or our agent or representative, at our option in the case of
damage to Goods in transit or short delivery. Our liability
for non-delivery or short delivery is limited to replacement
of the missing Goods within a reasonable time.
Return Of Goods
6.1 We will not accept the
Goods for Credit or any other purpose UNLESS we agree by means
of a Return Goods Authorisation Number to accept the return of
the Goods. Return of Goods will only be accepted for credit
within seven(7) days of delivery unless due to our error. Return
freight will be at our cost only when error on our part. A restocking
fee will be charged where error is on your part.
6.2 No return Goods shall be accepted by us (even if
we agree to do so) is they have been tampered with by you or
any other person and are not as new, if they are Goods expressly
sold on a nonreturnable basis, or if they are not accompanied
by the Authorisation referred to in Condition 6.1 Where Goods
are returned to us as above, they shall be returned to you at
6.3 Receipts by us of or by any of our agents or representatives of any Goods returned other than in accordance with conditions 6.1 and 6.2 shall not constitute not be deemed to constitute our acceptance of the return of the goods for Credit or any other purpose.
6.4 You agree to pay to us upon presentation of our invoice(s)
our reasonable charge relating to the return of the Goods to
you in accordance with condition 6.2 (being additional charges
for the purpose of this contract) including costs of repackaging
Passing Of Risk
7.1 Goods will be at your
risk. (a) where orders are delivered from the time of the delivery
7.2 You shall, at your own expense, insure the goods
against all loss or damage howsoever caused from the time at
which risk passes until such time as property in the Goods passes
to you. Any insurance claims in respect of damage to or destruction
of the Goods are hereby assigned to you. You hereby indemnify
us against any loss or damage to the goods howsoever arising.
8.1 Title to and property
in the Goods shall not pass to you until you have paid us all
moneys owing to us by you under all sale of goods contracts
entered into between us.
8.2 Title to and property of the total contract price, you shall store the Goods as bailee thereof in such a way that clearly identifies the goods as being our property.
8.3 You are entitled to resell in the usual course of
your business or our agent and acknowledge that is such case,
you are acting as bailee for and on behalf of us and must account
to us and hold the resale proceeds in a separate account.
8.4 You must on request, disclose to us all relevant
information regarding the Goods and any sub-sale by you. You
must inform us immediately of any levy of executive of attempt
to levy execution by any third party against the Goods.
8.5 If you do not pay us the total contract price on
the due date for payment, or you (or if you are a partnership,
a partner thereof), being a natural person, commits an act of
bankrupcy and/or becomes insolvent, bankrupt, call a meeting
of your creditors or enter into an agreement under Part X of
the Bankruptcy Act 1966 (C'th); or you, being a Company, become
insolvent and/or call a meeting of your creditors, or go into
receivership, official management or liquidation (except for
the purpose of voluntary re-organisation) or if we have reasonable
grounds for suspecting that any of these things may occur, then
without prejudice to any other remedy, we shall be entitled
to retake possession of the Goods or any part therof without
notice or demand.
8.6 You hereby authorise us, our servants and space enter any premises owned, leased or otherwise occupied by you for the purpose of taking possession of the Goods in accordance with this Condition and authorise us by our servants or agents to use all reasonable force to obtain such possession.