General Conditions of Sale of Product or Services

 

1.             DEFINITIONS:

Customer: the person or entity that orders Products or Services from WINYA.

Products or Services: those Products or Services ordered by the Customer from WINYA .

GST: Goods and Services tax. (at the level prescribed by law)

Monies Due: includes the price payable for Products or Services, delivery charges, GST, interest and extra packaging charges, if any.

Receival Date: if delivered, is the date upon which Products or Services are physically received by the Customer into its School, warehouse,  store or other location advised by it;.

Quotation: a quotation submitted by WINYA to the Customer for Products or Services.

WINYA: Winya Pty Ltd .

2.             GENERAL: 

(a)     These conditions can only be varied by WINYA’s written agreement.

(b)     An order placed by the Customer under a Quotation is not binding on WINYA until accepted in writing by WINYA.

(c)     It is the Customer’s responsibility to ensure that Products or Services supplied by WINYA are suitable for the environment in which they are to be used and meet all applicable regulatory requirements.

 

3.             ORDERS: WINYA may accept or refuse any order for Products or Services at its absolute and sole discretion and without notice to the Customer.  Orders for Products or Services cannot be suspended or cancelled by the Customer except with WINYA’s written consent.

4.             PRICE, CHARGES AND TAXES:

(a)     All pricing is for pickup from WINYA warehouses in all Australian State capital cities. 

(b)     All other delivery charges, extra packaging charges, GST, and other Government taxes, if any, are payable by the Customer in addition to the price for Products or Services.

(c)     WINYA may charge interest (on daily balances) of up to 1% (plus GST) per month or part thereof on overdue amounts.  Any payment received will be first credited against interest charges.

5.             DELIVERY AND RISK: 

(a)     Delivery dates are estimates only and WINYA is not liable for any loss or damage for failure to deliver by those dates. 

(b)     WINYA may make part deliveries of any order and render an invoice to the Customer for the Products or Services delivered.  Failure to make delivery of the total order will not invalidate the total sale.

(c)     WINYA will, at the Customer’s cost and request, arrange for transportation of all Products or Services to the Customer, otherwise Customer shall arrange for transportation. 

6.             PAYMENTS:

(a)     Payment by Credit or Debit card is required prior to shipment on all sales under AUD$3000.

(b)     Sales of Products or Services of greater than $3001 may be sold on a credit account basis and when payment is not otherwise specified in the relevant Quotation, Monies Due are payable by the Customer within 15 days after the end of the month in which the Receival Date occurs.

(c)     Despite clause 6.b,payment is due within 15 days of WINYA’s notification that the Products or Services are available for delivery:

(i)      if a delivery hold request is received for the Products or Services before manufacture is completed, and agreed by WINYA;

(ii)     if the Customer refuses to take delivery of the Products or Services; or

(iii)    if the Customer requests that delivery of the Products or Services be delayed, irrespective of the whether the circumstances for the request are within the control of the Customer.  

Storage charges are payable by the Customer at market rates (plus GST) for Products or Services not transported from WINYA’s  Warehouses within 7 days of the notification.

7.             WITHDRAWAL OF CREDIT: WINYA retains the right to withdraw the Customer’s credit at any time at its absolute and sole discretion.

8.             RETENTION OF TITLE:

(a)     Ownership in Products or Services remains with WINYA until full payment is received for all Products or Services sold by WINYA to the Customer.  This condition applies regardless of whether Products or Services are supplied under these conditions or any other Contract or Deed or Agreement or the indebtedness is on a current account, trading account or otherwise.

(b)     WINYA can stop Products or Services in transit, enter premises occupied by the Customer, and enter any premises where Products or Services are held on behalf of the Customer, and recover Products or Services the subject of any order if a default in payment for Products or Services, or insolvency of the Customer, occurs.

(c)     The Customer hereby indemnifies WINYA, its officers employees, agents and contractors for any costs of removal, claims, actions and causes of action of any kind in respect of the removal of Products or Services under clause 8.b.

(d)     The affixing of Products or Services to any part of a building does not have the effect of making the Products or Services a fixture and is severable by WINYA.

9.             PROCEEDS OF SALE:

(a)     Products or Services sold prior to payment in full of the Monies Due are made by the Customer as trustee for WINYA, and any funds received by the Customer in respect of a sale will be upon trust for WINYA.

(b)     The Customer must immediately account to WINYA for the proceeds of sale to the extent to which the proceeds are necessary to satisfy the Monies Due.

10.           ACCEPTANCE AND RETURN OF PRODUCTS OR SERVICES:  

(a)     The Customer is deemed to have inspected and accepted the Products or Services if it fails to notify WINYA within 2 days after the Receival Date that they are not in accordance with the order or are of faulty manufacture. To the extent permitted by the Trade Practices Act 1974, WINYA's liability is limited (at WINYA’s election) to:

(i)      replacing the relevant Products or Services; or

(ii)     the cost of obtaining equivalent products; or

(iii)    the cost of having the relevant Products or Services repaired.

(b)     Products or Services are sold on a non-return basis and, unless they are not in accordance with the order or are of faulty manufacture, cannot be returned without WINYA’s written approval.

11.           CANCELLATION OF ORDER: If WINYA agrees to cancellation of a Customer’s order prior to delivering the Products or Services, WINYA may charge for all costs incurred prior to cancellation, and a cancellation fee of up to 50% of the price of the Products or Services (plus GST) to cover overheads associated with the order.

12.           PRODUCT VARIATIONS:  Customer acknowledges and agrees that:

(a)     variations in the colour of Products or Services may occur where Products or Services or fabric is manufactured in more than one batch;

13.           WARRANTY:  

(a)     WINYA warrants Products or Services against defects arising from faulty labour and/or materials as follows:

(i)      for a period of 15 years from the Receival Date - steel frames, metal components, plastic molded products;

(b)     No warranty applies to upholstered materials and other than that material supplier’s stated or implied warranties.  

(c)     The warranty does not apply to defects or damage which, in WINYA’s opinion have been caused by neglect, misuse;

(d)     Repayment or replacement under warranty will be undertaken at the WINYA’s discretion where Products or Services are returned.  

14.           GENERAL: 

(a)     If Credit is provided by WINYA, the Customer agrees to WINYA obtaining information about the financial standing and credit worthiness of the Customer.

(b)     The Customer charges to WINYA all of its right title and interest which it may have or acquire in any freehold or leasehold property to secure Monies Due to WINYA, and will deliver a mortgage or consent caveat in registrable form upon WINYA’s request, failing which WINYA or its officers may, jointly and individually, sign, stamp and register any such instrument as attorney for the Customer.

(c)     These conditions, and the provision of the Products or Services by WINYA to the Customer, shall be governed by the laws of New South Wales.

 

15.           PRODUCT STEWARDSHIP:  WINYA supports Environmentally Sustainable Business Practices and has a product stewardship program, under which all products manufactured by WINYA can be returned for recycling at end of product life. No other costs are chargeable to the consumer apart from transport cost to WINYA’s Head Office.