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Terms and Conditions of Use

Terms

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any such laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Privacy Policy

By using this website and providing any personal information via this website, you agree to the collection and use of that information as outlined in our Privacy Policy.

Intellectual Property

All images, text and design on this site are the sole property of Austain Fasteners, or in some cases, a third party. Content on this site cannot be copied or used in any way without the written consent of Austain Fasteners. Failure to adhere to this may result in a breach of copyright or trademark law, or other laws leading to civil and criminal prosecution.

Accuracy, Revisions and Errata

Every effort is made to ensure all content provided by Austain Fasteners via this website is accurate. The materials appearing on the Austain Fasteners website could include technical, typographical, or photographic errors. Austain Fasteners does not warrant that any of the materials on its website are accurate, complete, or current. Austain Fasteners may make changes to the materials contained on its website at any time without notice. Austain Fasteners does not, however, make any commitment to update the materials.

Availability

Austain Fasteners does not warrant that products displayed on the Austain Fasteners website will necessarily be available for purchase.

Disclaimer

The materials and information on the Austain Fasteners website is provided "as is". Austain Fasteners makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Austain Fasteners does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Austain Fasteners or its suppliers be liable for any damages, whether consequential or incidental, (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Austain Fasteners website or materials on the Austain Fasteners website.

Links

Austain Fasteners has not reviewed all of the sites that may be linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Austain Fasteners of the linked website. Use of any such linked website is at the user's own risk. Austain Fasteners or any linked sites cannot be held liable for any damages arising from the use or inability to use the Austain Fasteners website or any linked site.

Terms of Use Modifications

Austain Fasteners may make changes to these Terms and Conditions Of Use for its website at any time without notice. If any such changes are made, we will make all reasonable effort to bring those changes to the attention of our users. An updated version of our Terms and Conditions of Use will be maintained on this website and by using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Further Information

Please feel free to contact us if you have any questions, comments or would like more information concerning the Austain Fasteners website Terms and Conditions of Use.

 

 

Terms and Conditions of Sale

1. Terms:

NETT CASH (Cash, EFT, Credit Card or Cheque by prior approval) or strictly NETT 30 DAYS from the end of the month in which the goods are purchased for approved account customers.

2. Prices:

The prices and information as listed or referred to in our website or price list are recommended only and there is no obligation to comply with the recommendations. The prices charged and payable shall be the prices ruling at the date the goods are delivered to the purchaser. Prices are subject to alteration without notice.
Prices are exclusive of goods and services tax (GST). (E. & O.E.)
Special quoted prices on bulk purchases are available on request.

3. Minimum Invoice Charge:

A minimum invoice charge of $10.00 (excluding GST & Freight charges) shall apply on CASH SALES.
A minimum invoice charge of $25.00 (excluding GST & Freight charges) shall apply on credit accounts.

4. Goods and Services Tax (GST):

Where applicable, GST will be charged at the ruling rate on Australian domestic purchases. GST will not be charged on legitimate foreign purchases.

5. Returns & Claims:

  1. Goods will only be accepted for credit if returned within 14 days of date of delivery and must be accompanied by a request for credit quoting the original invoice and/or delivery docket number, the returns and claims number (RCN), the purchase order number, date and reason for return.
  2. Prior notification of the return of goods is required, at which point a returns and claims number (RCN) will be allocated which must be quoted at the time of return. The acceptance of such goods does not imply an agreement to issue a credit note. Goods are subject to inspection and approval and will attract a 20% or $20 plus GST (whichever is greater) handling and restocking charge. Freight will be at the expense of the purchaser unless the goods were supplied incorrectly.
  3. No credit will be allowed for:
    1. Goods outside of our normal stock range which have been specially procured.
    2. Goods which are specially manufactured or cut to the specifications of the purchaser.
    3. Goods which have been used, modified or damaged.
    4. Goods with an alleged deficiency or discrepancy where the purchaser has failed to open and check all items supplied within fourteen days of delivery and report any such claim to Austain Fasteners Ply Ltd within the said fourteen days.

6. Risk:

The products supplied by Austain Fasteners Pty Ltd shall be at the risk of the purchaser immediately upon delivery to the purchaser or into the custody of anyone acting on behalf of the purchaser whichever is the sooner.

7. Retention Of Title:

Notwithstanding that risk in the products shall pass to the purchaser as provided in paragraph 6, Title to the products shall remain with Austain Fasteners Pty Ltd until all monies owing by the purchaser to Austain Fasteners Pty Ltd have been paid in full and until such time the purchaser shall store the products so as to indicate that they are the products of Austain Fasteners Pty Ltd and the purchaser shall hold the products as bailee thereto only subject nevertheless to its right to deal with the products in the ordinary course of business on the basis and understanding that any monies received as a result of such dealing shall be held by the purchaser for the sole benefit of Austain Fasteners Pty Ltd. In the event that the purchaser uses the products in some manufacturing or construction process of its own or some third party, then the purchaser shall hold such part of the proceeds of such manufacturing or construction process as relates to the products in trust for Austain Fasteners Pty Ltd. Such part will be deemed to equal in dollar terms the amount owing by the purchaser to Austain Fasteners Pty Ltd at the time of the receipt of such proceeds. In the event of the insolvency of the purchaser or of the purchaser being placed in liquidation whether voluntary or otherwise Austain Fasteners Pty Ltd shall be entitled to repossess and take back at the cost of the purchaser all goods which remain the property of Austain Fasteners Pty Ltd without prejudice to any right conferred upon Austain Fasteners Pty Ltd by law. The purchaser agrees forthwith to insure the goods for their full insurable value against loss or damage by fire, theft, accident and other such risks.

8. Costs:

The purchaser will indemnify Austain Fasteners Pty Ltd against and agrees to reimburse it for any expenses it may incur in recovering or attempting to recover payment from the purchaser for any amounts which may from time to time be overdue. These costs include legal court, solicitors, debt collections agency commissions and fees.

9. Disclaimer:

The only warranties and conditions which are binding on Austain Fasteners Pty Ltd in respect of the condition or quality of the goods supplied to the purchaser are those imposed by statute (incl. Trade Practices Act 1974) and thereby the liability, if any, of Austain Fasteners Pty Ltd shall be limited to and completely discharged by the replacement by Austain Fasteners Pty Ltd of the goods supplied and otherwise all other warranties and conditions whether express or implied are hereby excluded and negatived. As such Austain Fasteners Pty Ltd accepts no liability whatsoever for any loss, damage or injury either direct or consequential arising out of or in relation to the use or application of goods supplied to the purchaser or technical information in our price list or our website.

10.

These conditions and any contract of sale shall be governed and interpreted by the laws and courts of Western Australia and the purchaser consents to the jurisdiction of the said courts to determine or resolve any dispute or action.

11.

Some Grade AISI 304 fasteners may, at our option, be supplied in Grade AISI 305, Grade AISI 302 HQ, Grade AISI 303, or any interchangeable variant of these grades without prior notification.

12.

The mere signing of the invoice, delivery docket or manifest for goods received, notwithstanding anything that may be stated to the contrary by the purchaser including conditions listed on an official purchase order, shall be constituted as acceptance of these CONDITIONS OF SALE.


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