Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
- 5.1. The Customer must inspect the Goods on Delivery and must within two (2) business days of Delivery notify the Company in writing of any evident defect/ damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow the Company to inspect the Goods.
- 5.2. The Customer is not entitled to reject Goods if:
- 5.2.1. the Customer has not complied with the provisions of clause 5.1;
- 5.2.2. the Goods have been lost, destroyed or disposed of by the Customer;
- 5.2.3. the Goods were damaged after being delivered to the Customer for reasons not related to their state or condition at the time of supply; or
- 5.2.4. the Goods have been attached, fixed to, incorporated in, any real or personal property and they cannot be detached or isolated without damaging them.
- 5.3. Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
- 5.4. If the Customer is a consumer within the meaning of the CCA, the Company’s liability in respect of these warranties is limited to the fullest extent permitted by law.
- 5.5. The Company acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
- 5.6. Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Company makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods.
- 5.7. If the Customer takes action under the CCA the Company is not liable for any acts, defaults, representations, omissions, conduct or negligence of its dealings with the Customer including but not limited to whether the Goods are fit for purpose and relies upon this clause and these terms and conditions to fullest extent permitted by law.
- 5.8. If the Customer is not a consumer within the meaning of the CCA, the Company’s liability for any defect or damage in the Goods is:
- 5.8.1. limited to any warranty to which the Company is entitled, if the Company did not manufacture the Goods;
- 5.8.2. otherwise negated absolutely.
- 5.9. Subject to this clause 5.2, returns will only be accepted provided that:
- 5.9.1. the Company has agreed that the Goods are defective; and
- 5.9.2. the Goods are returned within a reasonable time at the Customer’s cost; and
- 5.9.3. the Goods are returned in as close a condition to that in which they were delivered as is possible.
- 5.10. Notwithstanding clauses 5.1 to 5.9 but subject to the CCA, the Company shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
- 5.10.1. the Customer failing to properly maintain or store any Goods;
- 5.10.2. the Customer using the Goods for any purpose other than that for which they were designed;
- 5.10.3. the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
- 5.10.4. the Customer failing to follow any instructions or guidelines provided by the Company;
- 5.10.5. fair wear and tear, any accident, or an act of God.
- 5.11. The Company may in its absolute discretion accept non-defective Goods for return in which case the Company may require the Customer to pay handling fees of up to twenty five percent (25%) of the value of the returned Goods plus any freight costs.
- 5.12. Notwithstanding anything contained in this clause if the Company is required by a law to accept a return then the Company will only accept a return on the conditions imposed by that law.
- 5.13. The Company is not liable for any losses, damages, costs or expenses (including consequential loss) and is not liable for any damage to articles to which its Goods are attached or with which they are used.
- 5.14. Except as otherwise expressly provided in these conditions, all statements, representations, provisions, conditions, promises, undertakings, covenants and other provisions, express or implied (and whether implied by law or otherwise) relating to any quotations or tenders submitted by the Company, orders accepted by the Company, Goods (whether as to their quality or merchantability, fitness for any purpose, correspondence with any description or sample or otherwise) and for Services or their supply, being provisions which might otherwise form part of these terms and conditions or any agreement to be collateral to form part of any agreement that is collateral to these terms and conditions of sale or any agreement, are hereby excluded in their entirety and are of no effect whatsoever.
- 5.15. The Customer agrees that:
- 5.15.1. the Customer has ensured that the materials specified and accepted by the Customer are the correct type, size quantity, colour, finish quality and standard, and conform in every detail with the Customer’s requirements; and
- 5.15.2. the accuracy of specifications, diagrams, plans and drawings are the Customer’s exclusive responsibility and the Customer does not rely on the Company’s skill or judgement in this respect and the Company is entitled to rely on such documents but shall not be liable for any consequent error by the Company or the consequences of any error thereby arising.
The full terms governing all orders, including these warranty and return provisions, are set out in our Terms of Trade.
