Terms and Conditions
1.We determine the type of packaging and dispatch. Freight will be at cost to the buyer unless other arrangements have been made between us (supplier)Autotools and the customer.
2. Risk passes to the Buyer at the latest upon the object of delivery being dispatched, even if we have assumed responsibility for additional services such as loading, transport or unloading. If delivery is delayed as a result of circumstances which are the Buyer’s responsibility, the risk to be obliged to pay the purchase price even though the purchased good was destroyed or cannot be delivered for other reasons passes to the Buyer on the day on which it is notified of our readiness to deliver. At the request of the Buyer we will insure the respective delivery against theft, breakage, transport, fire and water damage at the Buyer’s expense.
3. If shipment is delayed upon request of the buyer, he has to bear the costs of storage starting with our notice that we are in a position to deliver. If the storage takes place in our premises, we can charge at least 5% of the total invoice value per month.
4. The Buyer is to assert complaints about transport delays, deficiency notifications or transport damage against our forwarder and freight driver, and to notify us of this fact without delay.
5. We are not obliged to supply third parties at the request of the Buyer.
6. Any complaints with respect to visible defects must be lodged with Autotools (Quay Corporation Australia Pty Ltd) in writing within 7 working days of receipt of the goods, any complaints with respect to hidden defects must be lodged with Autotools (Quay Corporation Australia Pty Ltd) in writing immediately after discovery.
7. We only accept returns after agreement with the purchaser. A fee of 20% of the agreed sales price will be levied.
Warranty, Duties of the Buyer in the event of a Defect
8. Notification by its Customers, Compensation of Damages, Liability
9.Warranty claims of the Buyer depend on it properly complying with its statutory duties of examination and notification. In the event of an obvious defectiveness or incompleteness of the goods, we are to be notified thereof in writing within two weeks of the delivery arriving at its destination, including a precise description of the defect and the order or invoice number. At our request the documents, samples and/or the defective goods included in the delivery are to be returned to us. Claims of the Buyer on account of a defectiveness or incompleteness of the delivery are excluded if it fails to comply with this obligation.
10. The Buyer is to inform us without delay of any defect notification of its customers in respect of our objects of delivery. If the Buyer does not comply with this obligation, it shall have no claims against us due to defective deliveries. Furthermore, the Buyer is to secure evidence in a suitable form and, at our request, give us the opportunity to examine this evidence.
11. Any advertising statements of the Buyer vis-à-vis its customers or in its advertising materials which have not been authorised by us in advance will not establish warranty claims against us.
12. There are no warranty claims if deviations from the agreed composition/specifications are only insubstantial and/or if the impairment to use is merely insubstantial.
13. If the supplied goods infringe IP rights of third parties and if we have caused this infringement intentionally or negligently, we can, in our own discretion, (i) get a sufficient licence at our own cost for the contractually agreed upon use and transfer it to the buyer, or (ii) modify the supplied goods so that they do not infringe IP rights, or (iii) exchange the supplied goods against others as far as the contractually agreed upon use is not limited. If this is not possible for us or if the connected costs are unreasonable or if this is unacceptable for the Buyer, the Buyer shall have the statutory claims and rights. Damage claims are governed by clause V.7.
14. Claims to compensation for all kinds of damage arising from improper treatment, modifications, assembly and/or operation of the delivery object, or from incorrect advice or instructions of the Buyer, are excluded unless we are responsible for such damage. The same applies to damages that are caused by the normal wear and tear of parts subject to wear and tear and consumable materials. In addition, the Buyer bears the full responsibility for the use of any design, trademark or trading name appearing on the goods at its request.
15. If the Buyer is entitled to demand damages instead of performance or to withdraw from the agreement, at our request it must declare within a reasonable period whether and, if so, how it intends to exercise such rights. If it does not make such declaration in due time or if it requests performance, it is only entitled to exercise these rights after the fruitless expiry of a further period of grace.
16. If the buyer wrongfully notifies a defect we are entitled to charge him with the connected, reasonable costs.
17. Defect claims shall become time-barred after 12 months from the transfer of risk. The same applies to claims for any lack in title. In the event of wilful breaches of a duty, claims arising from tortious acts, the absence of a warranted quality or the assumption of procurement risks or personal injury, the statutory time periods apply. If the performance is provided for a construction and it has caused its defectiveness, the warranty period amounts to 5 years.
18. Irrespective of the provisions above we are in no event liable for indirect or consequential damages, for instance loss of profits.
19. All pricing advertised include GST.
20. Bounced Cheque fee’s are charge at $15.00
21. Restocking fees of any special sales order are up to 25%.
22. No returns excepted for special orders and / or buy ins.
23. Debt collection fees are charged at 20% of the total sales price on unpaid account.
24. Goods not paid or within 90 Days of sales order will incur additional costs and handling charges up to 20%.
25. Freight insurance will be at buyers cost.