In these terms and conditions (“Conditions”) “Tunstall” means Tunstall Australasia Pty Ltd ACN 059 121 863; the “goods” means any item or service of whatsoever nature which is to be sold or supplied by Tunstall; the “Customer” means the person who buys or has agreed to buy the goods.
1. ACCEPTANCE OF ORDERS
1.1 Tunstall contracts for the supply of Goods and/or services only subject to these Conditions and shall be read as subject to these Conditions and any conditions contained in any quotation given by Tunstall for the supply of the Goods. All terms and conditions in the Customer’s order or enquiries inconsistent with these Conditions shall be of no effect.
1.2 The placing of an order following a quotation given by Tunstall shall not be binding on Tunstall unless and until accepted by Tunstall in writing.
1.3 The terms and conditions herein shall constitute the entire agreement between Tunstall and the Customer and any modifications to these Conditions will be binding only if it is evidenced in writing, signed on behalf of Tunstall and such evidence contains a specific reference to these Conditions being modified.
1.4 In no circumstances shall the Customer cancel a contract to which these conditions apply without Tunstall’s written agreement. In particular Tunstall shall not be obliged to accept returned goods unless specifically agreed to in writing by Tunstall and subject always to the Customer paying a handling charge. If Tunstall agrees to the Customer cancelling a contract the Customer will indemnify Tunstall against all losses (including loss of profit) suffered by Tunstall arising out of such cancellation.
1.5 No contract governed by these Conditions shall be a sale by sample unless Tunstall expressly agrees in writing.
1.6 All specifications, illustrations, colours, drawing and diagrams in Tunstall’s catalogues, trade literature and other published matter are of a generally informative nature and are approximates only and none of these form part of any contract or give rise to the independent or collateral liability of whatsoever nature on the part of Tunstall, and Tunstall shall be under no liability whatsoever for inaccuracies, changes or alterations in dimensions or measurements given, quoted or made by it.
2. ESTIMATES AND PRICES
2.1 Unless otherwise stated in writing the prices estimated or quoted by Tunstall are inclusive of basic packaging, standard road freight within Australia and GST where applicable but are exclusive of insurance charges, charges for special delivery, export taxes, duties or levies of any kind whatsoever, all of which are payable in addition by the customer.
2.2 Unless otherwise stated in writing the prices estimated or quoted by Tunstall are effective for 30 days from date of written quotation and all quotations are subject to change in accordance with section three of these conditions.
3. PRICES
3.1 PRICES VARIATION – EQUIPMENT SALES
Prices are based on a number of factors including, the cost of materials, labour, transport, import duties and levies, currency exchange rates and statutory obligations applicable at the date of Tunstall’s acceptance of the Customer’s order and if, before delivery, there occurs any increase, however arising, in the cost to Tunstall of supplying the goods, including (without limitation) any of the above matters, Tunstall shall be entitled to adjust the price for the Goods by a reasonable amount to take account of such increases.
3.2 FIXED PRICE CONTRACT – INSTALLATION SALES
(a) The quotation is based on information available at the date of quotation and on prices ruling 10 days prior to that date and are firm for the period stated in the quotation. If extra expense is incurred as a result of inaccuracies in such information or of the buyer’s instructions, or the lack of instructions, Tunstall shall be entitled to recover such extra expense from the buyer.
(b) Prices quoted include delivery using Tunstall’s normal transport providers. If equipment or material is required to be delivered by special transport, this will be charged extra. |
