Page 140 - 2021 Hayward Buyers Guide

TERMS OF TRADE

TERMS AND CONDITIONS OF SALE* By Hayward Pool Products (Australia) Pty Ltd (abn 66 083 413 414) “the Company”
A. These standard conditions constitute an offer by the Company to the Customer.
B. These Standard Conditions constitute the entire agreement of the parties in relation to the sale of Products by the Company to the Customer. No
prior agreements or course of prior dealings between the parties and no usage of trade are relevant or to supplement these Standard Condtitons.
1. The Company reserves the right to alter prices without prior notice. Unless specifically included the Price and charges do not include any duties, GST,
freight, insurance or any other taxes, fees, costs, charges, installation or maintenance costs. Such charges and duties shall be the responsibility of the
Customer and the Customer agrees to pay them.
2. Orders will be delivered F.I.S. / F.O.R. to metropolitan Melbourne, Sydney, Brisbane and Adelaide, to trade account Customers only, subject to
condition 12. All other trade orders to these destinations over $500 are F.O.B the Company’s warehouse; orders under $500 may be subject to a
handling charge.
3. Claims will only be recognised if made within 7 days from date of invoice.
4. Payment of goods purchased on credit must be made by the 30th day of the following month in which delivery was made, otherwise be subject, at
the Company's discretion, to incur a service charge of 2.5% per month.
5. In applying this charge the Company is not postponing in any way its right to immediate payment and reserves the right to pursue its legal remedies
for non payment and all losses expenses and costs including legal fees consequently upon the Customer’s failure to pay the Price by the due date are
recoverable from the Customer by the Company as liquidated damages.
6. Unless otherwise agreed in writing, prices shall be the ruling wholesale prices at the date of invoice.
7. Risk of any goods supplied by the Company to a Customer shall pass when such goods are delivered to the Customer or in custody on the
Customer behalf, but ownership of such goods is retained by the Company until payment is made of the goods and for all other goods supplied by the
Company to the Customer. If the Customer prior to payment sells such goods therefore and if they shall become constituents of other goods, then the
proceeds of sale therefore shall be the property of the Company. In the event that the Customer fails to make payment within the due time as
stipulated by the Company, the Company shall have the right to enter upon the premises of the Customer and to regain possession of the said goods.
8. Goods may only be returned for credit by prior arrangement and must be accompanied by written details of the original delivery date, invoice and
other relevant information. Such goods (other than warranty) must be in a new condition. No claim will be recognised unless made within 7 days.
9. Goods returned for credit (other than warranty), if accepted, may be subject to a handling charge at the Company's discretion according to
circumstances, calculated on invoice value of returned goods as follows:
9.1 Within 30 days of purchase 20%
9.1.1 Within 60 days of purchase 30%
9.1.2 Over 60 days 50%
9.2 Any goods not returned in as new condition and packaging may be subject to additional handling charges.
9.3 The Company shall not be responsible for freight costs associated with return of any goods.
10. All risks in the products shall pass to the Purchaser when the products leave the Company's store and from that point regardless of how delivery is
effected any insurance shall be the Purchaser's responsibility.
11. If goods are supplied on credit, such credit is offered subject to the conditions set out in the Company's application for credit form.
12.1 Trade Orders below $200.00 net value may at the Companies discretion be subject to handling charges.
12.2 Additionally, orders below $25.00 net value will be subject to a handling charge of $15.00 to cover order processing, packing etc.
Collected orders are not subject to freight or handling charges.
12.3 Wholesale Customer orders below $5000.00 net value will be subject to freight charges and minimum order surcharge (MOS). Minimum freight and ,$
handling charge is $25.00 and will apply if goods are collected or delivered.
13 Filtration systems supplied by the Company are specifically designed for use on swimming pools and spa pools and no warranty or guarantee is
given or implied as to their suitability for use in other applications.
14 The Company reserves the right to alter all or any specifications without prior notice, and will allow no claim for any costs incurred to the purchaser
by such change or changes.
15 Warranty Terms
The Company warrants the Products to be free from defects in materials or workmanship for a period of twelve (12) months from the date the Product
is installed by the Customer at its customer's site or fifteen (15) months from the date of delivery of the Products to the Customer which ever is the
earlier date, provided that:
(b) Such warranty shall only apply to Products which have been properly installed and used in accordance with the Company's recommendations or
directions;
(c) such warranty shall not apply to any Products, which have been damaged as a result of
(d) Incorrect or abnormal use, misuse, neglect, improper installation, failure to comply with the Company's recommendations or directions or exposure
to corrosive or other inappropriate conditions;
(e) any claim for defects must be submitted to the Company in writing setting out comprehensive details of the claim prior to expiry of the said twelve
month period, failing which the claim shall have no effect;
(f) the Company shall have no liability under such claim unless the Products, which are the subject of the claim, are preserved intact and are made
available for inspection by the Company or its representatives and on request;
(g) any Products returned to the Company shall be returned to it at the cost of the Customer.
Save as set out in this Clause 15, except in respect of any conditions or warranties implied by law and which cannot be lawfully excluded or modified,
all implied conditions and warranties in respect of the Products are hereby excluded.
16. Obligations of the Company
Except to the extent that any liability cannot lawfully be excluded, the sole obligation of the Company in respect of any Products which are the subject
of any warranty claim referred to in Clause 15.1 shall, at the election of the Company be limited to:
(a) the replacement of the Products or the supply of equivalent goods;
(b) the repair of such Products;
(c) the payment of the cost of replacing such Products or of acquiring equivalent goods; or
(d) the payment of the cost of having the Products repaired.
Without in any way limiting the generality of the above, the Company's liability in respect of any Product claim shall never exceed the price paid for any
such Product. Any Products which are replaced or repaired shall be delivered to the Customer in the same manner as the delivery of Products to the
Customer.
17. CLAIMS
17.1 Damages
The Company shall have no liability to the Customer for any loss of profits, consequential loss or damages of any kind arising from or in connection
with the Products or any fault or defect therein or any failure by the Company to supply any of the Products to the Customer in a timely manner or at all
or any failure by the Company to make good any Product defect.
Without limiting the generality of the above, the Company shall not be liable for any cost or expense, loss or damage arising out of any injury to or
death of any person or damage or destruction of any property, resulting directly or indirectly from any Product or any fault or defect therein.
17.2 Limitation of Remedy
The sole remedies of the Customer in respect of any defective Products are set out in Clause 15.
17.3 Liability for Acts Done by Customer
The Customer shall bear all liability for claims made by third parties arising out of the Customer's installation or repair of or any other act performed by
the Customer in relation to the Products, whether with or without the authorisation of the Company.yp,
18. The Company reserves the right to charge a credit card fee on all payments made by credit cards accepted by the company.

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