All personal details are strictly confidential and are not
available to any third party under any circumstances.
All information in this on-line catalogue has been presented
in good faith. We have endeavoured to provide specifications which we believe
to be correct at the time of entry. Reflex Pty Ltd or its suppliers,
distributors and service providers accept no responsibility for omissions or
errors that may have occurred. All brands and logos are registered trademarks
and are subject to copyright.
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No conditions or warranties apply or are given unless expressly hereinafter set
out and all conditions and warranties implied by statute or otherwise are
hereby expressly excluded.
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All prices are subject to change without notice but if quoted such quotes shall
stand for sixty days unless otherwise stated in writing.
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Subject to paragraph 12 of these terms and conditions the property in all goods
shall pass to the purchaser upon delivery to a carrier or upon despatch from
the seller's premises if no carrier is involved and in any event risk shall
pass at the point of time irrespective of whether freight or despatch charges
are paid by the purchaser or not.
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No variation of an order after date of invoice shall effect the liability of
the purchaser unless the written consent of the seller is first had and
obtained.
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Delay in shipment or delivery due to any reason whatsoever whether beyond the
control of the seller or not shall not give rise to any claim for cancellation
or consequential damages.
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Goods are warranted to be free from defects in workmanship and materials. No
warranty is given as to fitness or suitability for any specific application or
use. All warranties and conditions implied by law are hereby expressly
negatived. The seller disclaims all liability for any consequential loss or
damages.
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Goods defective in workmanship or materials will be replaced free of charge if
delivered to the seller at Sydney, Gosford or Melbourne, carriage paid within
fourteen days of goods being delivered to the purchaser. In the case of faulty
goods not manufactured by the seller, the purchaser is entitled only to such
benefits as the seller receives from the supplier.
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Where the goods sold to the purchaser are plans drawings specifications and or
associated schedules and details no responsibility is accepted by the seller
for any errors or omissions on or in relation to the said plans drawings
specifications and or associated schedules and details supplied by the seller
nor for misconstruction or misinterpretation thereof during subsequent
manufacture or construction.
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The purchaser shall indemnify the seller against any claim
against the seller for any breach of a Registered Design, Letters Patent, Trade
Mark or any copyright or other similar matter or thing arising from the use by
the purchaser of the sellers goods whether the purchaser modifies or otherwise
deals with the goods or not.
Any property lodged with the seller in relation to a purchase shall be stored
by the seller at the depositor's risk and no responsibility for the same is or
will be accepted by the seller.
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The giving or issuing of an order for goods by the purchaser to the seller
shall be deemed to be an acceptance of these conditions.
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Title to all goods sold and delivered to the customer shall remain with the
supplier and will not pass to the customer until such time as all monies due
from the customer to the supplier are paid. In the event that the said goods or
any part thereof are sold by the customer on credit terms and there remains
monies due by the customer to the supplier then any debt due to the customer
shall be the property of the supplier (to the extent of the debt due from the
customer to the supplier). The supplier shall have full authority to direct
payment of such debt as if the supplier were the customer in relationship to
the party to whom the goods have been sold. That the supplier has the right to
collect from a sub-purchaser the proceeds of sale of the goods originally
supplied or of the new goods with which they have been mixed or incorporated.
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All differences arising out of this agreement shall be referred to the decision
of an Arbitrator to be appointed in writing by each of the parties within
fourteen days after having been required in writing so to do by either of the
parties, or in case the Arbitrators do not agree, of an Umpire appointed in
writing by the Arbitrators before entering upon the conference. The Umpire
shall sit with the Arbitrators and preside at their meetings. The making of an
award shall, subject to any relevant statutory provision to the contrary, be a
condition precedent to any right of action against the seller, but if such
action be not commenced within six months of the making of an award the right
of action shall be deemed to be abandoned and released. After the expiration of
six months of the accrual of the cause of action the seller shall not be liable
in respect of any claim therefore unless such claim shall in the meantime have
been referred to arbitration. Notwithstanding anything herein before contained
the seller shall not be in any way prejudiced from taking action against a
purchaser for non-payment of any amount due under this agreement.