Terms & Conditions
Shannon Electrics (Broken Hill) Pty Ltd
ABN: 50 002 914 721
1. These terms and conditions of sale apply to all contracts of sale entered into by Shannon Electrics (Broken Hill) Pty Ltd ("seller"), unless amended in
writing and signed by a senior officer of the seller. By acceptance of deliveries made in pursuance of any purchase order placed upon seller, buyer accepts
the terms and conditions contained herein. Seller's failure to object to any term or condition contained in any communication from buyer shall not be
deemed a waiver of these terms and conditions.
2. The credit terms set out in the buyer's credit application form part of these conditions. All invoices are net and are due and payable 30 days from the
end of the month in which the invoice is raised.
3. Price lists are subject to change without notice and the invoice price will be based on the price list current at the date of invoice. A quotation is
not to be construed as an offer or obligation to sell and seller reserves the right to accept or reject any orders received.
4. The buyer shall have no right of set-off in respect of any claim against seller.
5. Seller supplies goods on condition that:
(a) The goods are at the risk of buyer as soon as the goods have been delivered to or into the custody of buyer or buyer's agent or otherwise at the
direction of buyer. Delivery to the buyer's nominated carrier shall constitute delivery to buyer.
(b) Property in and legal title to the goods remains with seller until they and all other goods previously supplied by seller to buyer whether under this
or any other contract (collectively referred to as "the goods") have been paid for by buyer. Until the goods have been paid for:
(i) Seller may by its servants and agents enter buyer's premises or elsewhere at any time without notice to inspect the goods.
(ii) Buyer must store the goods including other goods into which the goods have been incorporated in such a manner as to show clearly that the goods are the property of seller.
(iii) Buyer must deliver up the goods to seller on demand, and in default of delivery, seller may by its servants and agents enter buyer's premises or
elsewhere at any time without notice to repossess the goods,
(iv) To the extent (if any) that the property in and legal title to the goods has passed to
buyer by operation of law, then seller has a specific lien over the goods until paid for in full; and
(v) if buyer receives any proceeds from the sale of the goods from any other party, buyer receives those proceeds on trust for the seller to be applied in payment of the purchase price for the goods and
those proceeds must be kept separate and dealt with separately by buyer at all times until they have been paid to seller. The whole of this clause applies
not withstanding any arrangements under which seller grants credit to buyer. Buyer indemnifies seller from and against all costs or damages which might be
incurred by seller arising out of its taking possession of the goods.
6. Seller reserves the right to make delivery in instalments unless otherwise expressly agreed in writing to the contrary by seller. All such instalments
when separately invoiced shall be paid for when due in accordance with the invoice without regard to subsequent deliveries While every effort shall be made
by seller to meet buyer’s requested delivery dates, seller shall not be liable for any loss or damage (including consequential loss) should delivery be
delayed or prevented due to any cause or circumstance beyond seller's control, including nonavailability of stock.
7. Standard products as listed in the published price lists of seller may be returned for credit provided the goods:
(a) Are returned within seven (7) days of delivery, free to seller's warehouse.
(b) Are accompanied by a delivery docket stating seller's original invoice number and reason for return; and
(c) Are returned in an unsoiled, undamaged and resaleable condition in their original packing.
Goods will not be accepted for return after seven (7) days from date of delivery unless by prior arrangement and if they are returned a restocking fee may
apply. No goods will be accepted for return if purchased on an indent basis. In the case of shortages, buyer will only be entitled to claim a credit if it
notifies seller orally or in writing of the shortage within two (2) days of the date of delivery and if such notice is given orally, confirms its claim in
writing within seven (7) days of the date of delivery.
8. Seller will replace any products not of merchantable quality which are returned to seller within the warranty period. In order to obtain replacement
under this warranty, buyer must present satisfactory evidence of purchase. Buyer bears the cost of transportation of goods to and from seller's premises.
9. Seller's warranty is conditional upon:
(a) The use by date of goods not having expired;
(b) The goods having been stored in accordance with notified storage conditions including those marked on packaging of the goods; and
(c) No modification or alteration of the goods having been undertaken or attempted.
10. These conditions must read and construed subject to any statutory provisions which imply warranties or conditions which cannot be excluded restricted
or modified. If such statutory provisions apply, to the extent to which seller is entitled to do so, its liability shall be limited and at its option to:
(a) Its replacement of the goods or supply of equivalent goods;
(b) The payment of the cost of replacing the goods or acquiring equivalent goods;
(c) The payment of the costs of having the goods required; or
(d) The repair of the goods and the repair or replacement at seller's option of any device damaged by the goods under normal conditions of use.
11. In respect of goods not of the manufacture of seller or its principals, seller undertakes that it will, if requested in writing by buyer, make all
reasonable endeavours in assisting buyer to obtain from the manufacturer the benefit of any guarantee or warranty which the manufacturer may have expressly
given as to the quality or fitness for any purpose of the goods, expect as may otherwise be provided by law. The fulfillment of this undertaking
constitutes seller’s sole liability for any loss of profits or other consequential loss or damage suffered by buyer in consequence of any defect in
material or workmanship of the goods or the failure of the goods to perform in accordance with performance figures stated.
12. To the extent permitted by law, seller hereby excludes all other warranties, conditions representations and guarantees in respect of any
characteristics of the goods.
13. These conditions are to be so construed as not to infringe any State or Commonwealth Legislation, and if necessary they shall be read down to such
extent necessary to ensure they do not infringe. In the event that any condition cannot be read down so as not to infringe it shall be deemed to be void
14. These conditions shall be governed by the laws of New South Wales and buyer accepts the exclusive jurisdiction of the Courts of the State. Buyer
acknowledges that Courts in Grafton are appropriate Courts for the hearing and determination of any matter in dispute between buyer and seller including
proceedings for the recovery of money due by buyer or seller.
15. Notwithstanding any Consumer Statutory or Warranty Rights, Seller and its associated companies reserve the right to:-
(a) Establish all terms and conditions of sale;
(b) Charge a minimum, but not be limited to, 25% deposit for all items ordered on behalf of a customer, whether or not the ordered items are considered a
normal stock item;
(c) Should an order be cancelled, we may withhold reasonable monies to recover any costs incurred; and
(d) If, after reasonable attempts to contact the customer have failed, declare an order abandoned after three (3) months. At which time, Seller reserves
the right to declare the actions to be taken in regards to the order.