Prices are subject to alteration without notice. Prices do not include a Goods & Service Tax. Goods will be invoiced on the date of despatch at the ruling price on that date. Prices referred to in this catalogue are recommended prices only. There is no obligation to comply with our recommendations.
Unless otherwise agreed in writing a delivery charge will be charged on all metropolitan deliveries including those to transport depots. Deliveries to other areas using a GLIND nominated Freight Company will also incur a freight charge. All freight costs beyond the above are the responsibility of the purchaser. No responsibility will be accepted for goods damaged in transit.
For Australia Post deliveries that GLIND pays for, the appropriate charge will then be added to the purchaser’s invoice. GLIND assumes no responsibility for goods lost in transit and no credit will be issued with Australia Post as they are not a preferred carrier.
Claims for short or incorrect deliveries will not be recognised unless they are made within five working days of the date of delivery. Goods accepted as faulty will be credited at invoice value or replaced. No responsibility will be accepted for the cost of any repairs or alterations executed without previous consent in writing. No claim will be recognised without prior written approval.
Specially ordered or manufactured goods will not be accepted for credit. Stock items will not be accepted for return unless prior arrangement has been made. Freight charges on returned goods are the responsibility of the purchaser. Goods correctly delivered, as ordered, may be subject to a handling fee if accepted for return.
For retail sales; there are no trading terms. Payment is required in full in order to facilitate the acceptance of the order. For trade partners our terms are 30 days which means invoices are payable by the end of the following month i.e. an invoice raised in January is payable by the end of February. If payments are not received by the fifteenth day after the due date, credit facilities may be suspended without notice.
Unless specifically agreed to in writing, under no circumstances does Glind Water Heaters and Pumps ABN 23 010 876 543, nor Industrial Fittings Sales Pty Ltd ACN 010 876 543 INDUSTRIAL FITTINGS SALES PTY LTD undertake liability.
Ownership of goods does not pass to the purchaser until payment is received in full.
The placement of an order either verbally or in writing constitutes the acceptance of these terms and conditions.
Nothing in this agreement is intended to have the affect of contracting out any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
‘PPS Register’ means the Personal Property Securities Register established under the PPSA; ‘PPSA’ means the Personal Property Securities Act 2009 (Cth) as amended, re-enacted or replaced, and includes any subordinate legislation; and ‘financing statement’, ‘financing change statement’, ‘security agreement’ and ‘security interest’ have the meanings given to those terms by the PPSA.
Constitute a security agreement for the purposes of the PPSA; and create a security interest in:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which GLIND may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the PPS Register and otherwise do all things necessary and required by GLIND to ensure that any security interest registered by GLIND is a perfected security interest under the PPSA;
(ii) register any document on any register reasonably necessary to secure GLIND’s interest under these terms and conditions;
(iii) register any other document required to be registered under the PPSA; or
(iv) correct a defect in a statement referred to in clauses 10.3(a)(i), (ii) or (iii);
(b) indemnify, and upon demand reimburse, GLIND for all expenses incurred in registering a financing statement or financing change statement on the PPS Register or releasing any Goods that are the subject of a security interest;
(c) not make an amendment demand in respect of a security interest, apply to the Registrar to register a financing change statement in respect of a security interest, without the prior written consent of GLIND; and
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of GLIND; and
(e) immediately advise GLIND of any material change in its business practices of selling the Goods which may result in a change in the use of the Goods by the purchaser or in the nature of proceeds derived from the sale of the Goods.
GLIND and the purchaser agree that sections 96 and 125 of the PPSA do not apply to the security interest created by these terms and conditions.
The purchaser hereby waives its rights to receive notices, information or statements (as the case may be) under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
The purchaser waives its rights as a grantor and/or a customer under sections 142 and 143 of the PPSA.
Unless otherwise agreed to in writing by GLIND, the purchaser waives its right to receive a verification statement in accordance with section 157 of the PPSA.
The purchaser unconditionally ratifies any actions taken by GLIND under clauses 10.3 to 10.5.
The purchaser irrevocably appoints GLIND to be its attorney to do such acts and execute such documents as the purchaser could personally do or execute (including the appointment of a substitute attorney) which in the opinion of GLIND (acting reasonably) is necessary or expedient to give effect to any right, power or remedy conferred on GLIND by these terms and conditions or the PPSA and to give effect to the matters contemplated by these terms and conditions.
The provisions of this clause 10 will survive termination of these terms and conditions or any other agreement between GLIND and the purchaser for the sale of Goods, for whatever reason.
The purchaser authorises GLIND to obtain from a credit-reporting agency a credit report containing personal credit information about the purchaser in relation to credit provided by GLIND.
The purchaser authorises GLIND to exchange information about the purchaser with credit providers named in this credit application and credit providers that may be named in a consumer credit report issued by a reporting agency for the following purposes:
Supplier may give personal or commercial information about the purchaser to a credit reporting agency for the following purpose:
For the purposes of this clause, ‘ACL’ means the Australian Consumer Law contained in schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended, re-enacted or replaced, and includes any subordinate legislation. Where the purchaser is a consumer, as that term is defined in the ACL, the goods and services come with consumer guarantees that cannot be excluded under the ACL.
If the purchaser is a consumer, then the purchaser is entitled to a replacement or refund for a ‘major failure’ and for compensation of any other reasonably foreseeable loss or damage. The consumer is also entitled to have the goods repaired or replaced if the goods fail to be of an acceptable quality and the failure does not amount to a major failure. What constitutes a ‘major failure’ is set out in the ACL.
If, as a result of:
any legislation becoming applicable to the subject matter of this agreement; or
any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration, GLIND becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the purchaser, then the purchaser must pay GLIND these additional amounts on demand.
Questions about these Terms? Reach out to us at:
Glind Water Heaters & Pumps
17 Medway Street, Rocklea, Brisbane, QLD, Australia, 4106.
