TERMS & CONDITIONS

1. GENERAL
Any order placed by a purchaser is deemed to be an order incorporating these terms and conditions not withstanding any inconstancies
which may be introduced in the purchaser’s order unless otherwise expressly agreed by Comkitchens ( The Seller ) in writing .

2. RISE and FALL
Prices listed are subject to alteration without notice to the purchaser between the date of listing and the date of delivery. All prices will be charged at the prices ruling at the date or dates of delivery.

3. DELIVERY and FRIEGHT CHARGES
Delivery within Sydney, Melbourne, and Brisbane metropolitan areas will be F.I.S unless otherwise stated, deliveries to Perth and Hobart will carry a surcharge. Deliveries outside metropolitan areas to regional areas will carry a surcharge. Goods delivered are to ground level , kerbside or loading dock area only , where cranage is required it is to be supplied by the purchaser , failure to receive goods will subject the goods to be re- charged on re – delivery

4. GOODS and SERVICES TAX
All prices listed are exclusive of Goods and Services tax

5. CLAIMS
Any claim made by the purchaser for wrongful delivery of the goods must be notified to seller within seven days after delivery to the
Purchaser, any claim made after seven days (time being of the essence) shall be deemed to have been absolutely waived.

6. PROPERTY and RISK
The risk of loss or damage to or in connection with, or loss of, the goods shall be borne by the purchaser from the dispatch of the of the goods from the Sellers door.

7. CANCELLATION and RETURNS
As far as permitted by law no goods will accept for return by the Seller unless a prior request (which may be accepted or refused in its sole or absolute discretion) is made and approval given by the seller.
The purchaser shall inspect the goods immediately on delivery , goods accepted as returned goods will be charged a fee of 15% of the invoiced price , all goods returned must be returned in unopened and undamaged boxes , goods that have been used will be deemed to be used goods and therefore not acceptable to the Seller as returned goods. 

8. PRICES, QUOTATIONS and ORDERS
No quotation given by the company Seller to the purchaser shall constitute an offer
Orders must be accompanied by necessary ordering information as requested by the Seller
Prices given in any quotation are applicable to that quotation only and will apply in any other instance
Prices are valid for a period of thirty days from the date of issue by the Seller, unless otherwise agreed in writing  

9. TERMS of PAYMENT
Unless otherwise agreed by the Seller in writing all goods will be supplied on cash before delivery basis.

10. FORCE MAJEURE
Any times given for delivery are an estimate and for guidance only. The Seller shall not be liable for non-fulfilment or late delivery should actual delivery of the goods or any parts be delayed in consequence of unforseen events such as , fire , flood , earthquake , storm , tempest or other natural phenomenon , acts of god , strikes , lockouts , availability , or shortage of raw materials , or labour or shipping or transport facilities , war , insurrections , riot , civil commotion ,  inability to obtain transportation facilities or any inability to obtain licences or any order or direction of any local or , state or federal government or government authority or instrumentality

11. INSTALLATION
The Seller shall not be liable to the purchaser for the installation of goods delivered unless otherwise agreed by the Seller in writing.

12. WARRANTY
The goods supplied by the Seller are guaranteed against defective workmanship and materials for a period of twelve months from the
date of putting into service the Sellers obligations pursuant to this express warranty being limited to the repair or replacement of the defective parts or materials and at its option .This undertaking covers the provision of labour and parts, this undertaking applies to Melbourne, Sydney, and Brisbane only other areas are covered by a provision to the supply of parts only. Defective spare parts will be re-supplied and warranted for a three month period .This undertaking applies only to state capitals remote areas are not covered by this commitment.
The liability of the Seller under this limited to the repair of defective materials or components. All other costs including without limitation, cartage, carriage, and installation shall be borne by the purchaser.
To obtain benefit of this warranty, the purchaser must produce proof of purchase and give notice to the Seller immediately upon it becoming aware of the alleged defect and in any event before the expiration of the said twelve months.
Should warranty be requested outside of normal working hours Monday – Friday a labour charge will be applied equivalent to the difference between the normal hour rate and penalty rates     

13. RETENTION of TITLE
The purchaser acknowledges that the property in the goods shall not pass to the purchaser until the purchaser has paid all the money due
for the goods and all other goods supplied by the Seller
To enter the purchaser’s premises of any associated company or agent where the goods are located without liability of trespass or any resulting damage and retake possession of the goods to keep or resell any of the goods.
 
14. NO LIABILTY
The Seller accepts no liability for goods supplied by any third party who has not purchased the goods directly from the Seller.

15. SPECIFICATION
The Seller may alert the speciation of the goods without notice

16. INDENTIFICATION of GOODS
Any description of the goods is given by way of identification only and use of such description shall not constitute the contract a sale by description

17. INDIRECT LOSS
So far as the law permits, the Seller shall be under no liability to the purchaser for nay loss or damage to persons or property, or loss of
property or for death or injury caused by or arising out of or in connection with any act , matter or thing ( including negligent acts omissions ) done , omitted or permitted to be done by the Seller or its agents
The Seller shall not be liable to the purchaser in any way whatsoever for any indirect or consequential loss , loss of profit or nay any other economic loss including , without limitation any loss by reason of delay , defective or faulty materials or workmanship negligence or any act , matter or thing done , permitted or omitted to be done by the Seller
    
18. PURPOSE
The purchaser acknowledges that it has the responsibility for ensuring that the goods are noticed for any purpose for which they are not suitable

19. NO REPRESENTATIONS
The purchaser acknowledges that neither the Seller nor any person purporting to be the Seller or their agent  has made any representations or given any promise or undertaking which is not expressly set out in writing whether as to the fitness of the goods for any particular purpose or any other matter

20. APPLICABLE LAW
These Terms of Trade shall be governed by and construed in accordance with the laws in force in the State of New South Wales Australia and the parties submit to the non – exclusive jurisdiction of the Courts of that State