Terms of Sale
Terms of Sale — Building & Industrial Supplies Group Pty Limited(“BISG”) t/a The Tool Store.
ACN 665 642 115
1. In these conditions:
“The Tool Store” means The Tool Store Group Pty Ltd which is the owner of the goods.
“Buyer” means the buyer of the goods specified overleaf.
“Goods” means the products and, if any, services specified overleaf.
Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.
General
2. These conditions (which shall only be waived in writing signed by The Tool Store) prevail over all conditions of the buyer’s order
to the extent of any inconsistency.
Performance
3. Any performance figures given by The Tool Store are estimates only. The Tool Store is under no liability for damages for failure of
the goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised
tolerances applicable to such figures.
Delivery
4. (1) The delivery times made known to the buyer are estimates only and The Tool Store is not be liable for late delivery or
non-delivery.
(2) The Tool Store is not liable for any loss, damage or delay occasioned to the buyer or its customers arising from late or
non-delivery of the goods.
Loss or damage in transit
5. The Tool Store is not responsible to the buyer or any person claiming through the buyer for any loss or damage to goods in transit
caused by any event of any kind by any person (whether or not The Tool Store is legally responsible for the person who caused or
contributed to that loss or damage).
Guarantee
6. (1) The Tool Store’s liability for repairs is limited to making good any defects by repairing the defects or at The Tool Store’s
option by replacement, within a period not exceeding twelve (12) calendar months after the goods have been dispatched
so long as:
(a) defects have arisen solely from faulty materials or workmanship;
(b) the goods have not received maltreatment, inattention or interference;
(c) the seals of any kind on the goods remain unbroken; and
(d) the defective parts are promptly returned free of cost to The Tool Store.
(2) In respect of goods sold by The Tool Store the guarantee of the manufacturer of those goods is accepted by the buyer and
is the only guarantee given to the buyer in respect of the goods. The Tool Store agrees to assign to the buyer on request
made by the buyer the benefit of any warranty or entitlement to the goods that the manufacturer has granted to The Tool
Store under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement
is assignable.
(3) Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or
general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design,
assembly, installation, materials or workmanship or otherwise are expressly excluded. The Tool Store is not liable for
physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout,
assembly, installation or operation of the goods or arising out of The Tool Store’s negligence or in any way whatsoever.
7. The Tool Store’s liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other
than s 69) is limited to:
(1) in the case of goods, any one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) the payment of the cost of having the goods repaired; or
(2) in the case of services:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.3
Prices
8. (1) Unless otherwise stated all prices quoted by vendor are net, exclusive of Goods and Services Tax (GST).
(2) Prices quoted are those ruling at the date of issue of quotation. If The Tool Store makes any alterations to the price of the
goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for
the buyer’s account.
Payment
9. The purchase price in relation to goods is payable net and payment of the price of the goods must be made on or before the thirtieth
day of the month next following the delivery of the goods unless other terms of payment are expressly stated in these conditions
in writing.
Dishonour of cheque
10. If any cheque issued by the buyer or by any third party in payment for goods is dishonoured:
(1) The Tool Store may refuse to supply any further goods (whether or not The Tool Store is to make any further deliveries of
the goods), until satisfactory payment is received in full; and
(2) The Tool Store is entitled to treat the dishonour of the buyer’s cheque as a repudiation of this agreement and to elect
between terminating this agreement or affirming this agreement, and in each case, claiming and recovering compensation
for loss or damage suffered from the buyer.
Rights in relation to goods
11. The Tool Store reserves the following rights in relation to the goods until all accounts owed by the buyer to The Tool Store are fully
paid:
(1) ownership of the goods;
(2) to enter the buyer’s premises (or the premises of any associated company or agent where the goods are located) without
liability for trespass or any resulting damage and retake possession of the goods; and
(3) to keep or resell any goods repossessed pursuant to (2) above;
If the goods are resold, or products manufactured using the goods are sold, by the buyer, the buyer shall hold such part
of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods
sold in a separate identifiable account as the beneficial property of The Tool Store and shall pay such amount to The Tool
Store upon request. Notwithstanding the provisions above The Tool Store shall be entitled to maintain an action against the
buyer for the purchase price and the risk of the goods shall pass to the buyer upon delivery.
Buyer’s property
12. Any property of the buyer under The Tool Store’s possession, custody or control is completely at the buyer’s risk as regards loss
or damage caused to the property or by it.
Storage
13. (1) The Tool Store reserves the right to make a reasonable charge for storage if goods left for service are not collected within
fourteen days of a request by The Tool Store for collection.
(2) In the event that goods left for repair are not collected within six (6) months of lodgement, the goods shall be treated as
abandoned and ownership shall pass to The Tool Store absolutely without any claim for compensation by former owner.
Returned goods
14. (1) The Tool Store is not be under any duty to accept goods returned by the buyer and will do so only on terms to be agreed
in writing in each individual case.
(2) If The Tool Store agrees to accept returned goods from the buyer, the buyer must return the goods to The Tool Store at The
Tool Store’s place of business referred to at the head of these conditions.
Goods sold
15. All goods to be supplied by The Tool Store to the buyer are as described on the purchase order agreed by The Tool Store and the
buyer and the description on such purchase order modified as so agreed prevails over all other descriptions including any
specification or enquiry of the buyer.
Place of contract
16. (1) The contract for sale of the goods is made in the state or territory of Australia from which this document is issued.
(2) The parties submit all disputes arising between them to the courts of such state or territory and any court competent to
hear appeals from those courts of first instance.