These terms and conditions apply to all orders placed with Professional Vending Services Pty Ltd unless otherwise agreed to in writing by Professional Vending Services Pty Ltd. 1. RISK Goods shall be at the Customer’s risk from the time of the delivery of the goods to the Customer or its carrier or bailee, whichever shall be the first to occur. 2. TITLE Legal and beneficial title to the goods shall not pass from Professional Vending Services Pty Ltd to the Customer until such time as the goods purchased by the Customer from Professional Vending Services Pty Ltd have been paid for in full and there are no other moneys outstanding by the Customer to Professional Vending Services Pty Ltd on any other account whatsoever. 3. SPECIAL CONDITIONS In the event of a customer order containing Terms and Conditions that are at variance with Professional Vending Services Terms and Conditions, the PVS Terms and Conditions will prevail. 4. PRICES All prices quoted by PVS are valid for 30 days from date of quotation, unless otherwise stated on the written quotation. PVS will endeavour to ensure the accuracy of quoted prices however no responsibility is accepted by PVS for any errors or omissions. 5. DELIVERY CHARGES Delivery charges will be applied to each order. Where multiple shipments are requested, a delivery charge will apply for each shipment. Customer may with prior notice, arrange their own carrier. 6. DELIVERY PVS will use its best endeavour’s to meet quoted and confirmed delivery dates, but cannot accept any liability whatsoever for failure to do so. Failure to meet a delivery date shall not prejudice any contracts as regards to other deliveries. All goods once dispatched using Buyers nominated carrier, are at the Buyers risk. 7. SPECIAL ORDERS Where goods are to be specifically ordered for a customer (non-stock items) a 50% non-refundable deposit must be paid prior to processing the order. Such goods shall be non – refundable and no order cancellations will be accepted. 8. ORDER CANCELLATIONS OR RE-SCHEDULES Order cancellations or re-schedules may only be accepted after prior negotiation and agreement. Some penalties may apply. 9. SETTLEMENT TERMS - Initial orders from new customers must be paid in advance of delivery.
- Normal terms of payment thereafter are strictly net cash 7 days from date of invoice if approval for credit account has been granted by PVS.
- Variance of credit terms may be offered to customers who have built a history of compliance with PVS Terms and Conditions.
- Title to goods remains with PVS at all times until outstanding monies are paid in full.
- If title is transferred to a bone fide third party purchaser without notice, and the Buyer supplied by PVS has not paid all outstanding monies due, the Buyer will be in breach of these terms and this will trigger a default claim against the Guarantors for immediate payment of the debt.
10. INSPECTION AND ACCEPTANCE The customer shall inspect all goods upon delivery and shall within 3 working days advise PVS of damage or non – compliance with the original order. Failing such notice, and to the extent permitted by statute, the goods shall be deemed to have been accepted by the customer. 11. RETURNS No returns can be accepted for credit unless previously agreed to by PVS. Only stock items are eligible for return and a re-stocking fee of 15% of the purchase price will be levied on all returns. All returned goods must be suitably packed and be undamaged when received by PVS. Returns will only be considered up to 30 days from the date of the original invoice. All freight costs for returned goods are at the cost of the customer. 12. WARRANTIES PVS warrants all Machines for a period of 12 months on Parts and 3 months on Labour, from date of invoicing. PVS’s obligation under warranty is limited to repairing or replacing the subject part at our option, when upon examination it was determined by Professional Vending Services to be defective. The warranty does not include, and no liability is accepted in relation to, consequential damage, injury or loss of revenue arising from defective items, whether such a claim arises in contract or otherwise. Any claim under warranty must be made to PVS in writing. The goods to which the claim relates must be returned to PVS within the warranty period, suitably packed, carriage paid and accompanied with proof of purchase and details of defect. If these requirements are not complied with, warranty shall not apply and PVS shall be discharged from any liability in the matter. Please note the warranty is held to the original sole purchaser and not transferrable. 13. COPYRIGHTS & PATENTS Products sold by PVS may be the subject of patents or legal protection. PVS accepts no liability for infringement of any such rights. 14. LIABILITY The purchaser shall be responsible for ensuring the suitability of the product for the purchaser’s application. PVS accepts no liability in respect of any loss arising from errors in the information provided to the purchaser. In no event shall any breach of contract, or tort, or negligence or failure of any kind on the part of PVS or its employees be accepted as liability for loss of revenue or consequential loss or damage arising from any cause whatsoever.
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