Terms & Conditions
Vent-O-Mat Australia takes pride in the quality of its products and its services to customers. Customers are requested to inform Vent-O-Mat Australia if an order is incorrectly delivered or if there is dissatisfaction with the goods.
As a part of our quality procedures, it is important that Vent-O-Mat Australia and the customer agree on the terms on which business is to be transacted. These terms and conditions are current for trading with Vent-OMat Australia at the time of issue, however the terms and conditions may vary from time to time.
In these conditions unless the contrary intention appears:
“Additional Charges” includes all delivery, handling and storage charges, goods and services
tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other
government imposts and all money, other than the Purchase Price, payable by the Customer to
Vent-O-Mat Australia arising out of the sale of the Goods.
“Customer” means the person to or for whom the Goods are to be supplied by Vent-O-Mat
“Goods” means the goods sold to the Customer by Vent-O-Mat Australia.
“Vent-O-Mat Australia” means Vent-O-Mat Australia Pty Limited, ABN 20 114 575 101.
“Purchase Price” means the list price for the goods as charged by Vent-O-Mat Australia at the
date of delivery or such other price as may be agreed by Vent-O-Mat Australia and the Customer
prior to delivery of the Goods.
2. Order for Goods
2.1 An order given to Vent-O-Mat Australia is binding on Vent-O-Mat Australia and the Customer, if:
2.1.1 a written acceptance is signed for or on behalf of Vent-O Mat Australia; or
2.1.2 the Goods are supplied by Vent-O-Mat Australia in accordance with the order.
2.2 An acceptance of the order by Vent-O-Mat Australia is then to be an acceptance of these conditions of sale by Vent-O-Mat Australia and the Customer and these conditions of sale will override any conditions contained in the Customer’s order. Vent-O-Mat Australia reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Goods to the Customer. No order is binding on Vent-O-Mat Australia until accepted by it.
2.3 An order which has been accepted in whole or in part by Vent-O-Mat Australia cannot be cancelled by the Customer without obtaining the prior written approval of Vent-O-Mat Australia, which it may refuse in its absolute discretion.
3.1 Certain laws imply terms, conditions and warranties (“Prescribed Terms”) into contracts for the supply of goods and prohibit the exclusion, restriction or modification of such terms, conditions and warranties. The liability of Vent-O-mat Australia in respect of a breach of a Prescribed Term or any warranty made under these terms and conditions is limited, to the extent permissable by law and at the option of Vent-O-Mat Australia, to the:
3.1.1 replacement of the Goods;
3.1.2 payment of the cost of replacing the Goods; or
3.1.3 refund of the Purchase Price paid by the Customer.
3.2 Any claims to be made against Vent-O-Mat Australia for short delivery of Goods must be lodged with Vent-O-Mat Australia in writing within 7 days of the delivery date.
3.3 Vent-O-Mat Australia warrants that it will repair or make good any defects in the materials or workmanship of the Goods arising under normal and reasonable condition of use within ninety (90) days of the date of delivery of the Goods provided written notice of the claim is received by Vent-O-Mat Australia as soon as reasonably possible after the defect is discovered.
3.4 Unless the terms and warranties are included in these standard terms and conditions, all prior discussions, quotations, warranties and Prescribed Terms, to the extent permitted by law, are excluded.
4. Product Testing
4.1 In the event that the Customer, in its order, has requested that Vent-O-Mat Australia conduct special tests on the Goods prior to delivery, or that tests on the Goods be conducted in the presence of the Customer prior to delivery, Vent-O-Mat Australia may, in its discretion, increase the Additional Charges for the cost of such tests.
4.2 The Customer must attend Vent-O-Mat Australia’s premises for any testing of the Goods upon the written notice of Vent-O-Mat Australia. Should the Customer not attend Vent-O-Mat Australia’s
premises within 7 days of such notice, Vent-O-Mat Australia may deliver to and invoice the Customer for the Goods.
5.1 The times quoted for delivery are estimates only and Vent-O-Mat Australia accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by installments at the discretion of Vent-O-Mat Australia.
5.2 Risk in accepting the Goods passes on delivery to the Customer.
5.3. All Additional Charges are payable by the Customer in addition to the Purchase Price of the Goods.
5.4. Return of Goods will not be accepted by Vent-O-Mat Australia except by prior agreement in writing with Vent-O-Mat Australia. Any Goods returned will be subject to a restocking charge of 15% of the Purchase Price of those Goods.
6. Price and Payment
6.1 The Customer must pay the Purchase Price and the Additional Charges to Vent-O-Mat Australia.
6.2 If the Customer is in default, Vent-O-Mat Australia may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
6.3 All payments are due within 30 days from invoice date. Interest maybe charged at the rate of 1.5% per month or part of a month from the expiry of that period until the date payment is received by Vent-O-Mat Australia.
7. Retention of Title
7.1 Ownership, title and property of the Goods remains with Vent-O-Mat Australia until payment in full for the Goods and all sums due and owing by the Customer to Vent-O-Mat Australia on any account has been made. Until the date of payment:
7.1.1 the Customer has the right to sell the Goods in the ordinary course of business;
7.1.2 until the Goods have been sold by the Customer in the ordinary course of the Customer’s business, the Customer holds the Goods as bailee for Vent-O-Mat Australia;
7.1.3 the Goods are always at the risk of the Customer.
7.2 The Customer is deemed to be in default immediately upon the happening of any of the following events:
7.2.1 if any payment to Vent-O-Mat Australia is not made promptly before the due date for payment;
7.2.2 if the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Customer payable to Vent-O-Mat Australia is dishonoured;
7.3 In the event of a default by the Customer, then without prejudice to any other rights which Vent-OMat Australia may have at law or under this contract:
7.3.1 Vent-O-Mat Australia or its agents may without notice to the Customer enter the Customer’s premises or any premises under the control of the Customer for the purposes of recovering the Goods.
7.3.2 Vent-O-Mat Australia may recover and resell the Goods;
7.3.3 if the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Vent-O-Mat Australia may in its absolute discretion seize all goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Vent-O-Mat Australia and the Customer may be ascertained. Vent-O-Mat Australia must promptly return to the Customer any goods the property of the Customer and Vent-O-Mat Australia is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the Goods.
7.3.4 In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for Vent-O-Mat Australia. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Vent-O-Mat Australia at the time of the receipt of such proceeds. The Customer will pay Vent-O-Mat Australia such funds held in trust upon the demand of Vent-O-Mat Australia.
8. Goods and Services Tax
Goods and Services Tax (GST) will be shown separately in the tax invoice for the sale of the Goods. The amount of GST payable in respect of the supply of the Goods is payable by the Customer. The Customer must indemnify Vent-O-Mat Australia in respect of GST paid and payable by Vent-O-Mat Australia for the supply of the Goods.
9.1 These terms and conditions are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia.
9.2 These standard trading conditions contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
9.3 Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
9.4 No waiver of any of these terms and conditions or failure to exercise a right or remedy by Vent-OMat
Australia will be considered to imply or constitute a further waiver by Vent-O-Mat Australia of the same or any other term, condition, right or remedy.