TERMS AND CONDITIONS
CONDITIONS OF SUPPLY
1- All goods are supplied to these Terms and Conditions. Precision Metals Queanbeyan Pty Ltd (PMQ) (also trading as Server Racks Australia(SRA)) and the customer (Purchaser) agree, that to the full extent of the law, PMQ shall have no liability whether in tort, contract or otherwise in respect of such goods save as imposed by these Terms and Conditions or by the terms of any statute.
2- Installations occur between the hours of 8am - 6pm Monday to Friday. Installations outside these times are subject to additional charges.
LOSS OR DAMAGE IN TRANSIT
3- Any non-delivery or loss in transit must be notified or claimed in writing to the carrier and PMQ within 10 days of the dispatch date. Any damage or short delivery must be claimed or notified in writing within three days of receipt. PMQ shall not be liable for any damage, short delivery or non-delivery not notified in accordance with this provision. In the event that the delivery or production of the goods is hindered, impaired or prevented by any cause whatever outside it’s reasonable control, PMQ may notify the customer that it is unable to fulfil all or part of the contract all or in part without incurring any liability whatsoever.
4- PMQ shall not be liable for any loss or damage direct or indirect or howsoever in relation to the fitness for use, merchantable quality or lack of correspondence with any sample or description or arising from the failure of the customer to satisfy itself that the goods supplied are of the description, quality and character ordered and gives no warranty as to the subsequent use of those goods under those specifications.
5- PMQ warrants all goods from faulty workmanship for a period of 12 months from the date of manufacture. PMQ shall be limited in its liability to the replacement of or supply of equivalent goods. PMQ shall not be liable for any loss or damage (including without limitation consequential loss, damage, injury or installation) resulting from the supply or use of such goods. The warranty does not apply to defects due to normal wear and tear, improper installation by persons other than PMQ representatives, or to products or components thereof which are intentionally or negligently damaged or where products or components thereof have been subjected to operating or environmental conditions contrary to any applicable specifications or reasonable intended use. PMQ will be responsible (at PMQ’s discretion) for the return of defective goods to PMQ and delivery of replacement goods only to the extent of the original delivery within Australia. This warranty does not extend to any person other than the purchaser.
TITLE OF GOODS AND RISK
6- All goods supplied are at the customers risk as and from delivery to the customer order. The goods shall remain the property of PMQ until full payment is made to and received by PMQ. Until property passes, the customer must keep the goods from any charge, lien or other encumbrance. PMQ may by advice verbal or written require the return of any goods not paid for. PMQ may immediately be entitled to sell or dispose of these goods. Unless PMQ has required the return of the goods, the customer may use or incorporate with other materials or agree to sell any of the goods in the ordinary course of business notwithstanding that the property in the goods has not passed to it. Where the customer re-sells any of the goods before property has passed from PMQ, the customer must retain and put aside such amounts in trust as represents the amount owed by the customer to PMQ in respect of the goods so sold. Where any of the goods are incorporated with other materials so as to lose their separate identity and the end product is subsequently sold, the customer shall keep apart and hold on trust for PMQ such part of the proceeds of such sale as represents the amount owed by the customer to PMQ in respect of the goods so incorporated.
7 - Goods ordered which cannot be delivered as arranged or agreed are subject to additional storage and insurance costs, as determined by PMQ.
8- The extension of credit to the purchaser and the terms upon which it is provided shall be at the absolute discretion of PMQ at all times and PMQ retains the right to withdraw credit facilities at any time prior to delivery of products. It is integral to these Terms and Conditions that payment of the price of any goods purchased is made in full by the customer within 30 days from the date of invoice, or within such time as is otherwise agreed between PMQ and the customer. If payment is overdue at 45 days from the end of month of statement (invoice), PMQ will withdraw the credit facility without notice until such time as payment is received.
9- Customers provided with credit may be, at the discretion of PMQ, required to make a partial payment if delivery is required before completion of an entire order. Partial payments will be invoiced and require payment before delivery is made.
PRODUCT RETURN FOR CREDIT
10- Return of goods, where not covered by Section 5 of these Terms and Conditions, will incur a 30% restocking fee, plus freight and GST. Goods must be in unused, original condition. The Purchaser remains responsible for the goods until they are received by PMQ.
Custom goods outside of the standard product range (including custom colour) are non-refundable. The return of any goods is at the discretion of PMQ.