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The displaying of products and/or prices on this Site constitutes an invitation to treat only. No contract shall come into existence until we accept your order, and we reserve the right to accept or reject any order in our absolute discretion. Any acceptance will be subject to these terms and conditions, to the entire exclusion of any others you may seek to impose.
We reserve the right to change and/or withdraw any product displayed on this Site without notice at any time before your order is accepted.
Products and prices displayed on this Site are subject to change and availability. Every effort has been made to reflect products as accurately as possible, but they may vary from the pictures and descriptions displayed.
Unless otherwise stated by us in writing, any quotation will be valid for 30 days from the date of quotation. Prior to the receipt of acceptance, the quotation is subject to change or withdrawal by us in writing.
The quotation includes only those goods and services as specified therein. Goods offered ex-stock are subject to prior sale. Delivery times quoted are approximate only and actual delivery times should be determined at the time of placement of an order.
4. Information and Drawings
All descriptive specifications, illustrations, drawings, data, dimensions and weights contained in our catalogues and literature are typical only and are subject to change without notice. These details do not form part of a quotation unless specified by us in writing.
All products will be delivered in packing to our normal standard practice.
Variation to this packing will be charged for and form part of our quotation.
1. Dangerous Goods Surcharge (DGS) is $ 18.00. Please note this amount is charged to us by the freight companies to process the dangerous goods being shipped. Dangerous goods cannot be sent by Air, only road. Therefore we are unable to accept international orders for any Dangerous Goods.
2. All products subject to change and availability, and may vary from the examples shown.
3. Prices are current at time of last update, but may be updated without notification. E. & O.E.
4. We reserve the right to correct any errors published on the website
5. Errors, mistakes or inaccuracies on the website; we will notify you if pricing is and error.
6. Bulk buy, reseller and discounts may apply.
7. Credit Cards and TT accepted.
These conditions of sale apply to the sale of all items included in the current catalogue. These conditions of sale are binding and no variation or cancellation will be accepted unless agreed to by us in writing.
Prices charged are the prices relevant at the date of dispatch unless written arrangement has been made for price variation. Where prices have been quoted on a quantity purchase we reserve the right to re-negotiate the quoted prices if the total quantity is varied.
7. GST & Government Imposts
The prices quoted do include GST and government imposts unless specifically stated in writing in the quotation.
The customer shall be liable to pay any such GST or other government imposts.
8. Terms of Payment
When a credit account has been established with us all prices are strictly nett and are payable 30 days in which the invoice was raised, irrespective of when the order was received by the customer, unless stated otherwise in quotation or agreed to in writing. Monies due to us are payable without set-off, counterclaim or deduction except as required by law.
We reserve the right to refuse extension of credit. Betontools Australia subscribes to the credit reporting provider Veda Advantage and reserves the right to notify this entity if credit account terms are breached.
9. Recovery of Collection Costs
If you default in payment of any invoice when due, you shall be liable to pay interest to us on the balance outstanding at the rate determined from time to time by the Reserve Bank to be the cash rate target, plus 4% and you shall indemnify us as a continuing indemnity and hold Betontools Australia harmless from and against all costs and disbursements including debt collection costs incurred for the recovery of debt on your account.
10. Liability of Betontools Australia
Notwithstanding of any other provision of this contract we shall not (to the extent permitted by law) be liable for any indirect or consequential loss (including any loss of profit or of contract) however arising or for any other injury, damage or loss save as expressly provided in the contract. Where the goods supplied are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then our liability for a breach of a guarantee in Division 1 of Part 3-2 of the Australian Consumer Law (other than the guarantees provided for in Sections 51, 52 and 53 of the Australian Consumer Law) shall be limited to (at our option) the repair of the goods, the replacement of the goods or the supply of equivalent goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired.
11. Governing Law and Jurisdiction
Except as may otherwise agreed by us, the contract shall be governed by the laws of the State of NSW and the parties submit to the exclusive jurisdiction of the Courts of that State including those having appellate jurisdiction.
If an order is varied then the variation must be accepted by us in writing and we shall be indemnified against any loss or damage incurred by you.
13. Retention of Title
All goods supplied by us to you remain our property until all debts owing by you to us have been paid and notwithstanding that payments may be made for the purpose of settlement of specifically designated claims.
Until payment of all debts owing as aforesaid, you may sell the goods in the ordinary course of your business, as our fiduciary and agent (but you must not hold yourself as such), and may for the purpose of such a sale part with possession of the goods. The goods shall be at your risk whilst in transit to you and on delivery and you shall, at your cost, insure the goods in our name against such risks as a prudent owner of the goods would insure, and for their full insurable value.
These provisions apply notwithstanding any arrangement under which we provide credit to you.
To the extent there is any inconsistency, these provisions prevail.
We may recover the price of the goods by action if the goods are not paid within our usual credit terms or any separate arrangement for credit made with us, notwithstanding that property in the goods has not passed to you.
Until payment of all debts owing to us, we may (to the extent permitted by law), without prejudice to any of our other rights, without prior notice, retake and resume possession of any goods which remain our property and, we or our servants and agents may enter upon your premises, or any other place where the goods may be for that purpose, if:
(a) goods are not paid for within our usual credit terms;
(b) there is any breach of any contract between you and us;
(c) you commence to be wound up or are placed under any form of external administration under the Corporations Act or commit an act of bankruptcy; or
(d) you part with possession of the goods or any of them otherwise than by sale to a customer in the ordinary course of business
14. Product Returns
Returned goods will only be accepted for credit if they are accompanied by a Betontools Australia Return Authorisation and the item and its packaging is returned in resalable condition. Goods returned without Return Authorisations or not in resalable condition will be returned to the sender. A Return Authorisation will be issued at our discretion and Return Authorisations issued for reasons other than errors caused by Betontools Australia will be subject to a rebooking fee of 20% of the nett value of the invoice. Returns of products that have been ordered from Betontools Australia’s suppliers especially on request by the dealer are excluded from any returns policy and cannot be returned.
Most orders within Australia are shipped by Australia Post or Fastway Couriers; however some larger orders are shipped by couriers such as DHL, Star Track or Bulk carriers.
In each case we will endeavor to use the most efficient and cost effective carrier for delivering your order.
Larger Orders and Bulk Orders
For larger orders, heavy items and bulk orders we will endeavor to find the most cost effective carrier and give you a delivery cost before we ship the goods.
We are doing our best to keep the shipping fee as low as possible. If Shipping Fees exceed the flat rate of $15.00+GST we will contact you.
When Purchasing OXTOOLS, buying a total amount above $150.00 EX GST will be delivered anywhere in Australia Free of Charge.
This Includes Total Multiple Purchases, in one transaction.
Under $150.00 EX GST Will incurred a $15.00+GST FEE.
16. Repair Services and Lien
A quotation fee of $30 + GST will be charged to disassemble and prepare a quotation for you. If you accept the quotation to repair the item the quotation fee will be waived. If you do not wish to accept the quotation the item will be returned disassembled. Betontools Australia has a general lien on all items submitted to Betontools Australia for repair by you for all charges which are due or become due. If the charges are not paid and/or the item is not collected by you, Betontools Australia has the right to sell the item and apply the proceeds to discharge the lien and the costs of sale.
17. Warranty Claims
If you consider that the product supplied by BETONTOOLS AUSTRALIA is defective, you can lodge a claim under this Warranty and any apparent fault, except for calibration, can be assessed by BETONTOOLS AUSTRALIA within the Warranty Period covered for the product purchased by you provided that you meet the following conditions;
a. The product is of merchantable quality and was used in a good working environment
b. You must produce the original invoice or other proof of purchase document disclosing the purchase date.
c. All costs of return postage, transport and freight, travelling expenses, hiring tools and insurance are paid by the customer.
d. The product is free from defect in material and has not been misused, adjusted or serviced by any person other than a person or organization authorized by BETONTOOLS AUSTRALIA.
BETONTOOLS AUSTRALIA provides this Warranty in addition to all other rights and remedies that you may have under law in relation to the products to which this Warranty relates.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these conditions of Warranty are excluded and BETONTOOLS AUSTRALIA is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for:
a. Any increased cost or expenses
b. Any loss of profit, revenue, business, contracts or anticipated savings
c. Any loss or expense resulting from a claim by a third party; or
d. Any special, indirect or consequential loss or damage of any nature whatsoever
Unless otherwise agreed in writing, BETONTOOLS AUSTRALIA has no liability for, and is not required to provide Warranty Services under this Warranty if it relates to:
a. Warranty services outside of Business Hours,
b. Misusing or abusing the product or any of the accessories included within the kit,
c. Operating the product in a manner that is not in accordance with the Instruction Manual supplied with the product,
d. Using incorrect batteries or charges,
e. Using any unauthorised, non-genuine or non-standard parts in connection with the Product,
f. Using the with knowledge of or evidence of partial failure or a fault,
g. Tampering with the product in any way otherwise stated in the Instruction Manual,
h. Making mechanical adjustments inconsistent with the Instruction Manual,
i. Not having taken reasonable steps to prevent damage or failure from occurring to the product,
j. Storing the product inconsistently to the instructions provided in the Instruction Manual,
k. Neglecting or otherwise failing to maintain the product in accordance with the instructions in the Instruction Manual,
l. Repairing or carrying out work on the product by any person other than a person or organization authorized by BETONTOOLS AUSTRALIA.
IN ADDITION TO THE ABOVE, THIS WARRANTY DOES NOT COVER THE FOLLOWING:
a. Products purchased outside of Sydney or from a private seller or another dealer other than BETONTOOLS AUSTRALIA.
b. Accidental damage or damage caused by Force Majeure Events including:
i. environmental factors,
ii. natural discolouration of material due to ultraviolet light,
iii. crushing, impact with hard surfaces or damage cause in the transit of the product or to any parts,
iv. damage caused by excessive heat or cold,
v. damaged caused by solvents, or water entry into the product,
vi.damaged caused by contact with sand, rust, corrosion, fire, vermin and insect infestation, power outages or surges or inadequate voltage or current,
vii.abnormal product performance caused by any ancillary equipment interference or other external factors,
c. Damage, failure or defects that occur for reason or reasons that were already disclosed to you or ought reasonably to have been disclosed to you prior to your purchase of the product,
d. Normal wear and tear,
f. Freight cost associated with transporting the product between you and the place of purchase,
g. Products with serial numbers that have been altered or removed,
h. Consumable items supplied with the product or that are part of the product, such as battery packs.
No changes to these conditions are to be made without the written approval of the supplier.
Betontools Australia (ABN 48 082 117 252)
P.O Box 3126
Wareemba, NSW, 2046