Terms and Conditions of Sale – Shutgun AustraliaLimited


Definitions

“the Company” , “we” and “us” shall mean Prismatic Solutions Pty Ltd and / or one or more of its subsidiary companies, its successors or assignees.“the Customer” and “you” shall mean the person, firm or company placing the order with the Company. “Goods” means the goods, which the Company is to supply in accordance with these terms. “Contract" means the Contract for the purchase and sale of Goods.

Supply of Goods

1. Payment Terms

All Goods are offered for sale subject to availability. Prices charged for Goods shall be as specified in the Company’s current price lists, unless otherwise quoted in writing.

Unless otherwise quoted in writing, payment is due strictly within 30 days of invoice date for approved account Customers.

Non-account Customers must enclose payment with order, unless otherwise agreed in writing.

Risk and Title

Risk and title of Shutgun goods will pass on delivery of the products to the customer or its nominated agent or representative on receipt of full payment into our bank account.

Unless otherwise specified in writing, all prices are quoted in Austrailian Dollars. All prices are subject to GST where applicable. Payment terms are as stated or as quoted in writing. The Company reserves the right to review from time to time and amend without notice the payment terms and where applicable, amount of credit offered to the Customer.

Unless otherwise stated in writing by the Company each order when accepted shall constitute a separate Contract.

In the event that any invoice balance shall be outstanding 14 days after the due date, any and all sums owed by the Customer to the Company shall become due for immediate payment and the Company may suspend or determine the Contract or any unfilled part thereof. Any overdue balances may incur a late payment charge of 2% of the outstanding balance per month. The Customer agrees to pay any such charges, together with any costs incurred by the Company in recovering any overdue payment, whether before or after judgement.

2. Delivery.

Delivery times specified are approximate only. The Company will use its best efforts to ensure that the product(s) are delivered within the specified time scale, but shall not be liable for any failure to meet any specified or preferred delivery date.

REFUND / REPLACEMENT TERMS

1. Warranty Disclaimer.

All Goods are warranted against failure due to manufacturing defects for a period of 90 days from the date of supply and to original purchasers from us only. Any Goods which are found by the Company to have failed during the warranty period due to a manufacturing defect will be replaced, repaired or the purchase price credited, at the Company’s sole option.

To demonstrate a defect the products must be sent along with written notice within the warranty period to: Returns Department, Prismatic Solutions Pty Ltd, 175 Orange Valley Road, Kalamunda, WA 6076. This warranty shall not apply, however, to any products, which have been repaired or altered, have been subject to misuse, negligence or accidents or have been used in a manner contrary to the Company's instructions or recommendations. Apart from such warranty, all Goods are sold ‘as is’, without any warranty as to their suitability for use in any specific application. The Customer must satisfy themselves prior to purchase that the Goods are suitable for use in the intended application as the Company will not accept Goods returned for reasons of unsuitability. Since the conditions of installation, configuration and use of the Goods are beyond the Company’s control, the Company shall not be liable for any failure of Customer’s application or system incorporating the Goods.

2. Inspection/Acceptance/Return.

Buyer may not return any goods, under warranty claim or otherwise, without first reporting to Prismatic Solutions Pty Ltd the reasons for such return and first obtaining and then observing such reasonable instructions as Prismatic Solutions Pty Ltd may give in authorising any return. All returns must be accompanied by a valid Prismatic Solutions Pty Ltd Return Sheet. Material accepted for return may be subject to a 20% restocking fee. Returned material must be unused and in its original packaging. Any returned material not in this condition is subject to additional charges to cover inspection, handling, repackaging, refurbishment, or any other expenses incurred by Prismatic Solutions Pty Ltd in accepting the material. Prismatic Solutions Pty Ltd may deny credit on returned merchandise not meeting these requirements.

3. Out of stock items.

We will notify you if the items are out of stock and advise of expected arrival date. You can then decide whether you wish to wait for the stock item or cancel the order. We will not charge the payment card until the item is in stock.

4. Cancellation.

You can cancel your order providing we receive contact from you prior to shipping the order.

DATA PRIVACY AND PROTECTION

We do not share your personal details with any external individual or organisation without permission.

The company does not store, process or transmit any cardholder data on our systems or premises and use a third party service provider to handle this function (Sagepay). Sagepay is PCS DSS compliant with storage, processing and transmission of cardholder data.

General Terms

These terms and conditions apply in preference to and supersede any terms and conditions referred to, offered or relied on by the Customer, whether in negotiation or at any stage in dealings between the Company and the Customer with reference to the Goods to which this Contract relates. Unless otherwise specifically agreed in writing these terms and conditions shall be incorporated in every offer quotation acceptance and contract for the sale or supply of goods by the Company and together with the order to which they relate constitute the entire Contract between the Company and the Customer. The Company shall not be bound by any standard or printed terms furnished by the Customer unless specifically agreed in writing.

The Customer warrants that it has complied with every applicable lawful requirement or instruction and (without Limitation) that it has obtained every necessary licence permit or authority that may be required in connection with the supply of Goods to be carried out hereunder.

The Company shall not be liable for any losses or damage, whether direct or consequential, arising directly or indirectly from the use of any product(s) supplied.

The Company shall not be liable to the Customer for any failure to fulfil its obligations under the Contract if such failure is caused by circumstances beyond its reasonable control. In such event the Company undertakes to notify the Customer as promptly as possible of any such failure.

Failure by the Company to fully exercise any provision in these terms and conditions or to take advantage of any of its rights hereunder shall not be construed as a waiver of such provision or the relinquishment of such right.

If any part or clause of this Contract shall be found to be unenforceable, this shall not prejudice the Company’s right to enforce the remaining clauses of this contract.

Limitation of Liability

All conditions, terms, representations and warranties relating to the Goods and or services supplied under this agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to the following: Nothing in these terms and conditions shall exclude the Company’s liability for death or personal injury resulting from our negligence.

The Company’s total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the goods and services shall be limited to the charges paid by you in respect of the goods and services, which are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within one year of it arising. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

The Customer shall indemnify the Company against all damage or injury to any person firm or company and against all actions claims demands costs charges and expenses (including costs charged on a reasonable basis for the time of the Company's executives) for which the Company may become liable in respect of the Goods sold or under a contract except to the extent admitted expressly in these Conditions and unless such damage or injury shall have been a direct result of the negligence of the Company and can be attributed to no other cause (whether in whole or in part).

Exclusion of implied warranties:

Subject to the above, to the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in these terms and conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the Australian Consumer Law) which cannot be excluded, provided that, to the extent that the statute permits, Shutgun is entitled to limit its liability as set out above for a breach of a guarantee, condition or a warranty implied by that statute.

Jurisdiction

The performance of this contract shall be governed by the laws of Australia or New Zealand as applicable. E. O. E.