These Standard Terms and Conditions of sale (“the Conditions”) apply to any sale of items, equipment or services of Smoke Alarm Store (“SAS”) or, where a quotation is made, shall form part of that quotation.
SAS may vary the Conditions from time to time, and the Conditions as varied shall be published on the SAS website. The purchaser agrees that the ordering of any goods or services after the publication of the variation of the Conditions on the website will be an acceptance by the purchaser of the varied Conditions.
No variation or cancellation of any of the Conditions shall be binding on SAS unless agreed by a responsible officer of SAS in writing. No agent or representative has the authority to waive or alter the Conditions.
The purchaser or anyone purporting to act on behalf of the purchaser may place orders for goods or services with SAS by telephone, email, in writing or by facsimile transmission.
In the event of a conflict between the Conditions and those which may be included in, or implied by, any document forming part of any enquiry, specification, order or contract then the Conditions shall prevail unless they are expressly varied by SAS in writing. If any Condition is contrary to or excluded by law then the Conditions shall be modified but only to the extent of excluding that part of the Conditions so affected.
A quotation is not to be construed as an offer or obligation to sell and SAS reserves the right to decline any order for goods or services (either wholly or partially) at any time prior to the delivery of the goods or services, in which case SAS shall be under no obligation in respect of such order.
All prices are subject to change without notice and orders are accepted by SAS on the condition that they will be invoiced at the prices ruling at the date of dispatch, but every endeavour will be made to give 30 days’ notice of any increase.
All prices shown in the published catalogues or price lists are recommended selling prices only and there is no obligation on the part of any reseller to maintain such prices.
A quotation includes only such goods as are specified therein. SAS reserves the right to cancel any sale where goods offered ex stock have been previously sold or otherwise committed.
A $20 surcharge may apply at the discretion of SAS if an order value is less than $100.
Terms Of Payment
The purchaser agrees to comply with the Conditions and payment for goods and services shall be made by the purchaser to SAS at the time of order, unless otherwise agreed in writing by SAS.
SAS will endeavour to comply with the time of delivery of goods and services requested by the purchaser but delivery time is not guaranteed nor is time of the essence of the contract of sale of the goods and services. SAS will not be liable for any loss or damage of whatsoever nature arising out of a delay in delivery of goods or services. The delivery period quoted commences from the date SAS receives sufficient information to proceed with the supply or from the date SAS receives the purchaser’s order, whichever is the later. Quoted delivery dates are subject to confirmation when placing the order.
Goods Returned For Credit
Goods will not be accepted for credit.
No claim will be recognized unless such claim is made within seven (7) days of delivery and in every case the original invoice number and date must be quoted.
A variation or cancellation of any order by the purchaser is subject to acceptance by SAS of such variation or cancellation and in the event of such agreement the purchaser hereby indemnifies SAS against any loss or damage as a result of such variation or cancellation.
SAS warrants that the goods it supplies shall be of good and merchantable quality and its liability shall be limited only to the repair or replacement of any faulty or defective goods in terms of the manufacturer’s warranty and SAS does not, unless specifically required by law, give any warranty beyond the manufacturer’s warranty, and in no event shall SAS be liable either under statute, in equity, in contract or tort (including in negligence) or otherwise for any direct or indirect special consequential or punitive loss or damages (including loss of income, profits or business, loss of goodwill or reputation or loss of value of intellectual property) to persons or property, whether foreseeable or unforeseeable, arising from or caused in any way by such goods.
The purchaser has seven (7) days from the date of delivery of the goods within which to provide SAS with written notice of any claim for alleged failure to comply with an order whether due to a shortfall, defect, incorrect delivery or otherwise. Should the purchaser fail to provide such written notice within the stipulated time period then SAS shall be deemed to have complied the purchaser’s order in all respects including delivery, quality and quantity.
Packing, Damage or Loss in Transit
SAS uses every care in packing but, unless otherwise agreed, shall not be liable for any loss or damage in transit, and any claim in relation to such loss or damage shall not be accepted by SAS and shall be a matter between the purchaser and the railway, shipping company or carrier. The purchaser shall inspect and check all goods received as soon as practicable upon unloading. No claim for shortage of goods shall be made to SAS after forty eight (48) hours of such inspection, and while SAS shall endeavour to rectify any shortage as soon as practicable after receipt of any claim, it shall not be liable in respect of such rectification.
SAS shall be under no obligation to comply with any specification or drawings referred to in any order unless such specifications or drawings have been produced to SAS prior to delivery of goods and signed by SAS. Otherwise SAS does not warrant or represent that the goods are fit for a particular purpose and the purchaser agrees that it does not rely on the skill and judgment of SAS in relation to the suitability of the goods for a particular purpose. All such warranties are hereby excluded to the maximum extent permitted by law.
All goods sold shall be at the risk of the purchaser from the time of dispatch of the goods by SAS for delivery to the purchaser and the purchaser shall be solely responsible for insuring the goods in transit.
If the purchaser disputes any charge appearing on an invoice then the purchaser shall give written notice of such dispute to SAS immediately upon receipt of invoice and shall pay all other charges not in dispute on the invoice pending an investigation of the dispute.