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PROUD MEMBER OF
International Door Association

Australian Garage Door Association

Housing Industry Association


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AMMO DOORS - TERMS AND CONDITIONS OF TRADE


1. INTRODUCTION

1.1 Application of these Terms and Conditions The Customer agrees that prior to placing an order with the Supplier the Customer has read and agreed to the terms and conditions as set out hereunder. For the purpose of this agreement "Supplier" is AMMO DOORS ABN 55 147 545 195 and the Customer is the applicant named on the account with the Supplier or where no account exists then on the Quote and/or Work Authorisation provided by the Supplier to the Customer. In this Agreement "Goods" means goods and services.


2. QUOTES

2.1 Supplier Supply Quote - The Supplier shall give the Customer a Quote specifying: (a) the work required to be done in order to fulfill the Customers instructions; and (b) an estimate of the Supplier's charge for the performance of such work.

2.2 Acceptance by the Customer - Where the Supplier has given the Customer a Quote: (a) The Supplier need not commence work until the Quote has been accepted by the Customer and deposit is paid. (b) The Customer shall accept the Quote by instructing (in writing) the Supplier to commence the works by signing and returning a true copy of the Quote and/or Work Authorisation ac-companied with a purchase order number if applicable. (c) Acceptance by the Customer of the Quote will constitute acceptance by the Customer of these Terms and Conditions. (d) Quotes are valid for thirty (30) days only, unless an extension has been authorized by the Supplier. In acceptance of the Quote, the Customer warrants that it has not relied on any representation by the Supplier and it's employees and agents other than as supplied in writing in the Quote.

2.3 Supplier May Revise Quote - The Supplier may amend the Quote before the Order has been completed to take into account any rise or fall in the cost of performing the Order and the Supplier shall notify the Customer of such amendment as soon as possible thereafter.

2.4 Addition work or variations other than quoted will be at customer's expense.

2.5 Unless otherwise stated, structural and electrical work is not included in quote.


3. DELIVERY

3.1 Standard delivery shall be twenty one (21) days from receipt of order, where possible.

3.2 Delivery of the Goods shall be made to the Customer's nominated address. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

3.3 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purpose of this agreement.

3.4 2% over or under on delivery is to be considered fulfillment of the order.

3.5 The failure of the Supplier to deliver shall not entitle either party to treat this contract as repudiated. The Supplier shall not be liable for any loss or damage whatever due to the failure by the Supplier to deliver the Goods or any part thereof promptly or at all.

3.6 If Supplier has installed the goods and payment has not been completed then AMMO DOORS has the right to remove the products at the customer expense.

3.7 Customer to allow 6 weeks for custom made projects.

3.8 Title does not pass goods delivered until payment made in full.


4. ERRORS/RETURN OF GOODS

The Customer shall inspect the Goods on delivery and shall within one (1) day of delivery notify the Supplier of any alleged shortage in quantity, damage or failure to comply with the description. The Customer shall afford the Supplier an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any damage.

Goods specially procured or manufacturered to clients specifications not returnable for credit.

Subject to 25% handling fee.


5. PAYMENT

5.1 Time for Payment - The Customer must, at the time specified in the Quote/Work authorisation upon receiving the Supplier's invoice, pay the Supplier the total amount set out in the invoice. All payments paid in full on installation and completion.

5.2 Interest - The Supplier may charge interest at 3% per calendar month on amounts not paid within the time specified in clause 5.1.

5.3 Deposit - The Supplier will require a deposit from the Customer, and if a deposit is so requested by the Supplier the Customer acknowledges the Supplier is under no obligation to start the contract period or undertake any works as requested by the Customer, until the Deposit is received by the Supplier in full and when all details pertaining to contract are finalised. In the event of default as to payment owing to the Supplier on the part of the Customer, the Supplier shall be entitled to forfeit the deposit and claim for the balance owing on the Order and for any other loss suffered by the Supplier by way of any remedy available to it as provided in these Terms & Conditions or at law or in equity generally.

5.4 Urgent Orders - Deliveries required earlier than the standard delivery time as specified in 3.1 may incur a 40% surcharge.

5.5 Damages - The Customer must pay to the Supplier any costs, expenses or losses incurred by the Supplier as a result of the Customer's failure to pay to the Supplier all sums outstanding as owed by the Customer to the Supplier including without limiting the generality of the forgoing any debt collection and legal cost incurred in enforcing payment on a Solicitor and own Customer basis.

5.6 Account keeping fees will be charged subject to late payments.

5.7 Third party involvement (insurance etc.) does not constitute a reason for non-payment.

6. RISK

6.1 Delivery - The risk in the Goods shall pass to the Customer upon delivery of the Goods to the Customer or its agent or to a third party nominated by the Customer.


7. WARRANTY

7.1 As per Manufacturers Warranties.

7.2 The Supplier reserves the right to make null and void the warranty should the goods be modified, altered, damaged or put to any undue stress other than in the way the goods were designed to perform.

7.3 In respect of all claims the Supplier shall not be liable to compensate the Customer for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Customers claim.


8. LIABILITY

8.1 Non-excludable Rights - The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of the Goods or of services which cannot be excluded, restricted or modified by the Agreement ("Non-excludable Rights").

8.2 Disclaimer of Liability - The Supplier disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of the Supplier for a breach of a Non-Excludable Right is limited, at the Supplier's option, to the supplying of the Goods and/or any services again or payment of the cost of having the Goods and/or services supplied again.

8.3 Indirect Losses - Notwithstanding any other provision of these Terms and Conditions, the Supplier is in no circumstances (whatever the cause) liable in contract, tort including without limitations, negligence or breach of statutory duty or otherwise to compensate the Customer for:

(a) any increased costs 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 caused by the Supplier's failure to complete or delay in completing the Order or to deliver the Goods.

8.4 Force Majeure - The Supplier will have no liability to the Customer in relation to any loss, damage or expense caused by the Suppliers failure to complete the Order or to deliver the Goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the Supplier's normal suppliers to supply necessary material or any other matter beyond the Suppliers control.

8.5 Customer's Property - Any property of the Customer held by the Supplier is at the Customer's own risk.

8.6 Ammo Doors will not be held accountable for any unforseen circumstances beyond our control.

9. PRIVACY

9.1 The Customer hereby authorises the Supplier to collect, retain, record, use and disclose commercial and/or consumer information about the Customer's credit worthiness, credit standing, credit history or credit capacity, in accordance with the Privacy Act 1988, to persons and/or legal entities who are a Solicitor or any other professional consultant engaged by the Supplier, a Debt Collector, Credit Reference Organisation and/or any other individual or organisation which maintains credit references and/or default listings.

9.2 The Customer also authorises the Supplier to make enquiries with respect to the Customer's commercial and consumer credit worthiness; to exchange information with Credit Providers in respect to previous commercial and consumer defaults of the Customer.


10. GENERAL MATTERS

10.1 No Waiver - A power or right is not waived solely because the party entitled to exercise that power or right does not do so. A single exercise of a power or right will not preclude any other or further exercise of that power or right or any other power or right.

A power or right may only be waived in writing, signed by the party to be bound by the waiver.

10.2 Severability - Any Provisions in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

10.3 AMMO DOORS personnel has final say in all outcomes and is considered closure.





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