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Terms & Condition
Terms & Condition
Terms & Condition
DEFINITIONS
“Artistic Works” means art work, drawings, sketches, paintings, photographs, designs, stencils, dies, plates, models, sculptures and devices. “C.R. Hose” means C.R. Hose Glassware Pty Ltd, ABN 48 005 646 917. “Customer” means the person specified in the Order Form as the person ordering the Products. “Customer’s Materials” means all materials (including all Artistic Works, documents, media, discs and objects) supplied by the Customer to C.R. Hose.“Invoice” means the invoice for the Products supplied by C.R. Hose to the Customer. “Order” means the order for the Products made by the Customer. “Order Form” means C.R. Hose’s standard document for an Order. “Price List” means C.R. Hose’s price list for the Products, as amended from time to time. “Products” means the products sold or supplied by C.R. Hose. “Terms” means these Terms and Conditions of Sale.
ORDER
The Customer shall make all Orders by way of an Order Form and shall send the Order Form to C.R. Hose by mail, facsimile or email.
C.R. Hose reserves the right to accept or decline any Order in whole or in part.
C.R. Hose reserves the right to alter the prices for the Products in the Price List without notice to the Customer.
The Customer cannot cancel an Order once it is accepted by C.R. Hose. C.R. Hose reserves the right to issue an Invoice for the full amount of an Order which is accepted by C.R. Hose, and the Customer shall remain liable for the full amount of the Invoice.
C.R. Hose reserves the right to alter the ordered quantity by a margin up to 10% on any product offered by C.R. Hose.
DELIVERY
Any times quoted by C.R. Hose for delivery of the Products are estimates only and C.R. Hose shall not be liable for any failure to deliver or for any delay in delivery. The Customer shall not be relieved of any obligation to accept or pay for Products ordered by reason of any delay in delivery or dispatch.
PAYMENT
The Customer shall pay the Invoice within 14 days of the date of the Invoice, unless otherwise stated or advised.
Subject to Clause 4.3, all Products supplied by C.R. Hose to the Customer shall at all times remain the property of C.R. Hose.
Property in Products supplied by C.R. Hose to the Customer shall only pass to the Customer when the whole of the Invoice for the Products is paid in Cash. Cheques and other negotiable instruments given by the Customer to C.R. Hose shall not be deemed to constitute payment for the Products until such time as they are cleared.
If the Customer defaults in paying any Invoice to C.R. Hose, then such Invoice shall become immediately due and payable and the Customer shall indemnify C.R. Hose against all costs (including solicitor and own client costs) incurred by C.R. Hose as a result of such default.
If the Customer defaults in payment of any Invoice, interest shall (30 days from the date of the Invoice) commence to accrue on all such unpaid amounts at the rate determined by the Penalty Interest Rates Act 1983.
C.R. Hose shall in respect of all unpaid amounts due from the Customer have a general lien on all Products and all Customer’s Materials in C.R. Hose’s possession, and C.R. Hose shall be entitled, on the expiration of 30 days notice to the Customer, to dispose of such Products and Customer’s Materials as it thinks fit and to apply the proceeds towards such debts.
IMPLIED CONDITIONS AND WARRANTIES
C.R. Hose gives no express warranties in relation to the Products or their supply and the Customer/s acknowledges that it has not relied on any representations or warranties made by or on behalf of C.R. Hose in relation to the Products or their supply. The Trade Practices Act 1974 and certain State and Territory legislation may imply certain conditions and warranties into any agreement between C.R. Hose and the Customer for the benefit of the Customer. To the extent that such conditions and warranties in respect of the Products may, as between C.R. Hose and the Customer, lawfully be excluded, all such conditions and warranties are hereby expressly excluded.
Any claims for damage, breakage or rejects must be made within 14 days from the date the goods were recevied.
CUSTOMER’S MATERIALS
C.R. Hose does not accept responsibility for defects or errors in the Products due to any defects or errors in Customer’s Materials which the Customer supplies to C.R. Hose for C.R. Hose to use in making the Products.
All Customer’s Materials supplied to C.R. Hose by the Customer will be held at the Customer’s risk and C.R Hose does not accept any liability for loss or damage to such Customer’s Materials.
In the case of Customer’s Materials left with C.R. Hose without specific instructions as to their return to the Customer, and subject to any entitlement to the Customer’s Materials under Clause 4.6, C.R. Hose shall be free to dispose of the Customer’s Materials on the expiration of 60 days notice to the Customer.
With respect to any Artistic Works supplied to C.R. Hose by the Customer for C.R. Hose to use in making the Products, the Customer warrants that it is t he owner of such Artistic Works and all intellectual property rights in such Artistic Works and/or is authorised to reproduce the Artistic Works. The Customer agrees to indemnify C.R. Hose for any loss, damage, claims, actions, demands, costs and expenses (including solicitor and own client costs) Which C.R. Hose may incur as a result of the Customer’s breach of this warranty.
OWNERSHIP OF ARTISTIC WORKS
All Artistic Works which are made or created by C.R. Hose (whether originally or by using any Customer’s Materials) and all intellectual property rights (including copyright, designs and trade marks) in such Artistic Works, will remain the exclusive property of C.R. Hose. The Customer shall not reproduceo or copy any such Artistic Works without the prior written permission of C.R. Hose.
GENERAL
A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
If there is more than one Customer in an Order Form, any obligation imposed on them is imposed jointly and severally.
C.R. Hose will supply the Products to the Customer on the terms set out in the Terms and to the exclusion of any terms that the Customer may seek to introduce in any other form or document.
The Terms contain the entire agreement between the parties and no variation of the Terms shall be binding on the parties unless agreed to in writing.
If any of the terms of the Terms are held to be illegal, void or unenforceable, they shall be ineffective to the extent only of such illegality, voidness or unenforceability without invalidating the remaining provisions of the Terms.
All of the Customer’s warranties in the Terms will survive the execution of the Terms and the completion of all transactions contemplated under it.
Time will be of the essence in the Terms.
Service of any notice or demand on a party shall be in writing and shall be deemed to have occurred:
in the case of delivery in person - when delivered;
in the case of delivery by post - two business days after posting; and
in the case of facsimile transmission - on receipt by the sender of confirmation of successful transmission to the correct destination.
The Terms shall be construed in accordance with the laws of the State of Victoria and any legal proceedings under the Terms shall be brought in the appropriate Court in the State of Victoria.