1. The process for ordering Goods with us is as follows:
(a) Quotation;*
(b) acceptance of Quotation by you;*
(c) Purchase Order;
(d) Order Confirmation; and then
(e) invoice.
*Note: stages (a) and (b) may be omitted and the process of ordering be stages (c) to (e) only.
2. A Purchase Order is only binding on us and we are only required to
supply the Goods once we have provided an Order Confirmation
(specifically, a sales order) and you have paid the full invoice amount.
3. The delivery dates or delivery periods set out in the Supply
Documents are estimates only and are subject to change. We are not
responsible if you fail to collect or take delivery of Goods when the
Goods are delivered. You will be liable for any additional delivery fees or
charges for failing to collect or take delivery of Goods.
4. We reserve the right to make partial (where appropriate) deliveries
pursuant to the Supply Documents and you will not be entitled to reject
such delivery or any late deliveries.
5. We make no guarantees as to delivery to you and we will not be
liable for any Loss suffered or incurred by you as a result of any late or
delayed delivery.
6. You acknowledge, accept and agree that we may deliver up to five
(5) per cent more or less than the Goods ordered by you and the price
of the Goods will be adjusted in accordance with the quantity delivered.
7. You must inspect the Goods immediately upon delivery. If you
consider that the Goods are not in accordance with the Supply
Documents or are otherwise defective, damaged or non-conforming, you
must give written notice to us within 7 days of delivery of the Goods,
failing which you are deemed to have accepted the Goods in their
condition on delivery. Your written notice must contain a detailed
report (submitting all information required by us) evidencing the
alleged defects, damage or non-conformities of the Goods. Following the
written notice and at our discretion, we may elect for our
representative(s) to inspect and investigate the alleged defective,
damaged or non-conforming Goods at any time during normal business hours.
8. At our discretion, we reserve the right to replace, resupply or
exchange Goods which are the subject of a claim as per clause 8.6. If we
are responsible for the defective, damaged or non-conforming Goods,
you are entitled to return the Goods for exchange, resupply or replacement.
9. Returns will only be accepted by us subject to:
(a) you keeping the defective, damaged or non-conforming Goods
well preserved and in the condition that they were delivered in;
(b) the carrying out of any inspections required by our representative
and your compliance in accordance with the requirements set out in clause 6; and
(c) our written consent prior to accepting the return of the Goods.
10. You acknowledge, accept and agree that we will not replace,
resupply or exchange any opened, processed, deteriorated or used
Goods. In addition, we may, at our discretion, refuse Goods for return
for any reasons other than the conditions contained herein.