Sales Terms & Conditions

0. DEFINITIONS

0.1 ‘Seller’ means Inlite Group Pty Ltd.

0.2 ‘Buyer’ means the company or person who purchases Goods from the Seller

0.3 ‘Goods’ means the articles to be supplied to the Buyer by the Seller

1. GENERAL

1.1 These terms and conditions constitute the entire agreement between the Seller and the Buyer, relating to the Goods purchased by the

Buyer, to the exclusion of all other agreements, warranties or understandings. The Buyer’s submission of a purchase order shall represent

an acknowledgement and acceptance of these terms and conditions.

1.2 It is the Buyer’s responsibility to obtain any licenses or permits necessary to comply with this agreement.

1.3 Any description, data, specification, performance figure, drawing, dimension or weight applied to the Goods in catalogues, price lists or advertisements are an identification only and do not constitute a sale by description. For avoidance of doubt the Buyer hereby affirms that it does not rely on any description when entering into this agreement.

2. LEASING

If the Buyer intends to lease all or any of the Goods covered by this agreement, he must, at the time of entering into the agreement notify the Seller of the name of the leasing company and the name of its executives who are handling the leasing arrangements. The Seller is not obligated to deliver any Goods, intended to be leased, until the leasing formalities have been completed and the Seller has been duty authorised by the leasing company to deliver the Goods.

3. PRICE

3.1 Prices are quoted on the full quantity of Goods specified.

3.2 All prices are exclusive of GST and applicable GST is separately itemised.

3.3 Prices do not include lamps, special packaging, installation or insurance unless specifically ordered or included in the quoted price.

3.4 Prices quoted are subject to delivery within 60 days from placement of order. If the delivery of Goods exceeds 60 days then the Seller is entitled to adjust the pricing in accordance with, but not limited to, increases in taxes, duties or exchange rates.

4. TERMS OF PAYMENT

4.1 Where credit is approved by the Seller for the Buyer payment of the price, GST and any other applicable costs shall be due within 30 days of the date of the invoice supplied by the Seller.

4.2 For orders totaling $10,000.00 net value or less, where no credit has been offered, payment is to be made in full by the Buyer at the placement of order.

4.3 For orders totaling more then $10,000.00 net value a 50% deposit is to be paid by the Buyer, at the placement of order, with the remaining balance to be paid on demand when the order or partial order is ready for shipment.

4.4 If any payment is not paid in accordance with this agreement by the due date the Seller shall be entitled to:

4.4.1 Terminate this contract with the Buyer or any other existing contracts that are with the Buyer.

4.4.2 Stop production or refuse to make delivery of any undelivered goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery.

4.4.3 Charge the Buyer interest on overdue invoices from the date the invoice was due. Interest will be charged on a day-to-day basis at a rate of 20% per annum. Payments made by the Buyer after this point will be allocated first to interest charges then to outstanding invoices, in the order that they were issued to the Buyer.

4.4.4 Charge the Buyer for all costs incurred for collection of overdue invoices (including any fees payable to a collection agency).

5. DELIVERY, RISK AND PROPERTY

5.1 Standard shipping from the Seller’s Victorian Warehouse to the Buyer’s nominated address in all Australian capital cities is included in the quoted price.

5.2 Delivery outside capital cities within Australia will be subject to quotation on a case-by-case basis.

5.3 Any order under $500.00 net value will be charged a $25.00 minimum handling fee.

5.4 The Seller will ship all Goods to the Buyer with the carrier and route of their choice.

5.5 All Goods are shipped at the Buyers risk. The Seller is not liable for any loss of Goods or damage to Goods during transportation. It is the responsibility of the Buyer to check the quantity of Goods and its packaging condition before accepting the Goods and if necessary report discrepancies or damage promptly to the carrier.

5.6 If the Buyer requests partial shipments of an order then the Seller will pay for the initial shipment after which all further shipments will be paid for by the Buyer at their own expense.

5.7 If after 7 days from the date of which the Goods are ready for shipment the Seller is unable to deliver the Goods due to the actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage and the Buyer shall be liable for any expense associated with such storage.

5.8 The Seller shall use their best endeavors to deliver the Goods within the quoted delivery time. However, quoted times are an approximate and do not constitute a term of this agreement.

5.9 If the Seller has not received payment in accordance with this agreement the Seller is entitled to retake possession of the Goods and to do so is authorised to enter into any premises of, or in occupation or controlled by the Buyer. The Buyer shall indemnify the Seller against liability for enacting lawfully any provisions of this clause of the agreement.

6. CANCELLATION OF ORDERS

Cancellation requests will be considered on a case-by-case basis, depending on the type of goods and time frame. All cancellations are subject to the minimum cancellation charge of 50% of the whole price as agreed to on the purchase order.

7. RETURNS

7.1 Return of goods requests for non-damaged goods will be considered on a case-by-case basis. All return requests must be lodged in writing with the Seller within 7 days from receipt of Goods received.

7.2 Where the Seller agrees to accept the return of Goods that are not damaged the Buyer will be responsible for the cost of return shipment and will ensure that the Goods are carefully packaged to avoid any damage in transit. The seller will not be obliged to accept any Goods that are damaged in any way or that are received after 14 days from approved return of goods request.

7.3 The seller will charge the client a 50% re-stocking fee on the total price of returned goods.

7.4 The seller will only accept the return of standard current goods. Any goods that have been customised or modified 7.4 in any way for the buyer are not returnable to the seller.

8.INSPECTION AND ACCEPTANCE

Upon delivery of goods the Buyer shall inspect goods and all costs associated with such inspection shall be at the expense of Buyer, whether such inspection includes installation or testing. The Buyer shall give written notice to the seller within 7 days of delivery of any nonconformity to the terms and conditions of this contract and failure to do so shall constitute an irrevocable acceptance of the Goods by the Buyer.

9. FORCE MAJEURE

Seller shall not be liable for any failure or delay to supply the goods due in any substantial part to any cause beyond control such as, but not limited to, any act or neglect of any carrier, sub-contractor, importer, distribution, manufacturer, supplier, or seller, acts of god, strikes, lockouts, bans or other industrial disturbances, fire, flood, explosion, civil riot or commotion, government intervention request or laws, regulations or orders of any government or competent statutory authority. No such failure or delay shall entitle buyer to terminate this contract and sellers obligation to buyer shall be suspended without liability on the part of seller while such course exist.

10. WARRANT AND LIABILITY OF SUPPLIER

10.1 Seller’s usual written warranty shall apply in respect of the Goods.

10.2 If the goods are not a kind ordinarily acquired for personal domestic or household use the liability of Seller for breach of any condition or warranty implied by the trade practices act 1974 (other than by section 69) shall be limited to one of the following at the Seller’s choice:

10.2.1 the replacement of the Goods or the supply of equivalent Goods; or

10.2.2 the repair of the Goods; or

10.2.3 the payment of the cost of replacing the Goods or the acquiring equivalent Goods; or

10.2.4 the payment of the cost of having Goods repaired.

10.3 Buyer shall assume all risk and liability resulting from the use of the Goods either alone or in conjunction with other Goods or materials even if Seller had or should have had prior knowledge of the use to which the Goods were to be used.

10.4 Seller warrants that the Goods or parts of the Goods manufactured by it are free from defects in design, materials and workmanship. Seller’s liability under this warranty shall be limited to the repair or replacement free of charge at a selected warehouse of the Seller’s choice. All defective Goods or parts must be returned to the Seller within 7 days from receipt of Goods received. Buyer will be responsible for the cost of return shipment and will ensure that the Goods are carefully packaged. Seller shall not be liable for any defect which is due to accident, fair wear and tear, negligent use, tampering, improper handling, improper operation or improper storage or any other default on the part of any person other than the Seller.

10.5 The seller’s designs and drawings may not be reproduced or disclosed to any third party without the Seller’s written consent. The Buyer may not without the seller’s consent copy or enable others to copy any Goods or part thereof by Seller.

11. MISCELLANEOUS

11.1 The Buyer agrees that he is liable for all obligations outlined within this agreement.

11.2 If the person signing this agreement is not the Buyer, the person signing this agreement hereby warrants that they are duty authorised by the Buyer to enter into this agreement as agent or director for the Buyer.

11.3 All notices served to the buyer shall be deemed served if left at or sent by ordinary prepaid post to the last known address of the Buyer. Buyer shall be deemed to have received any notice two days after posting.

11.4 This contract shall be governed by and is construed in accordance with the laws of Victoria and the courts of Victoria shall have exclusive jurisdiction in all matters arising here from.

 ABN 41 687 490 366