XAND INNOVATIONS PTY LTD
Terms And Conditions
1. SALES TERMS
Any order placed with XAND INNOVATIONS PTY LTD, ABN:48 617 256 069 (“we”, “our”, “us” or “XAND INNOVATIONS”) constitutes your (“you” or “your”) agreement to be bound by these terms.
These Terms and Conditions apply to all our sale of goods by the company and are the only contractual terms that bind the Company except as otherwise agreed upon in writing. These terms and conditions and those otherwise agreed to in writing by the Company, if any, cannot be excluded by law.
The price of the Products will be as agreed between the parties and where there is no written confirmation of the price, the price will be the amount indicated on invoices provided by the Company to the Customer regarding Products ordered.
Prices in Quotations are indicative only based on the quantities of Products specified in the Quotation and prices current at the date of the Quotation.
The Company reserves the right to issue an amended invoice in the case of genuine error on its part in confirmation, Quotation or invoicing.
The Company may charge in addition to the price of the Products an amount for delivery and handling at rates dependent on distance and volume of Products supplied. The rates to be applied will be the Company’s usual rates for matters or services of that kind or if there are no such usual rates then reasonable rates. The Company’s usual rates are subject to change from time to time.
Any discount or rebate will only apply if the Customer and the Company agree in Writing.
All goods are sold subject to goods & services tax (GST) unless the goods are classified as GST exempt.
3. CREDIT TERMS
Credit may be given to customers who have their credit application approved by Xand Innovations prior to ordering goods. Where credit is given, Xand Innovations standard payment terms of full settlement of account on or by 30 days from purchase of goods shall apply. Any variation to payment terms must be authorised by Xand Innovations in writing.
Unless otherwise agreed to in writing by the Company or otherwise provided on the Company’s invoices or price lists, payment for the goods and all other costs and expenses payable in accordance with these terms and conditions must be made to the Company:
- at the time of purchase in respect of items purchased via the Company’s website
- within Thirty (30) days from the date of invoice for account holders
Account payments are accepted by Cheque, EFTPOS or Credit Card. Credit Card payments are accepted for current invoice payments only, due to the financial charges imposed. Xand Innovations reserves the right to recover as part of any overdue balance any surcharge charged to it on any credit card payments such rate which may apply from time to time on all account payments made outside Xand Innovations Standard Terms of Trade by credit card payment. Failure to pay an invoice on the due date entitles Xand Innovations to suspend delivery, refuse further orders and cancel any existing contract for supply without further notice.
Interest is payable on any overdue balance calculated from the date of purchase at the current prevailing interest rate under the Uniform Civil Procedure Rules 2005 for the whole or part of each month during which any such invoice is unpaid.
Customers may be required by Xand Innovations to give security and /or surety. Xand Innovations is entitled to charge an administration fee of $50.00 per overdue invoice and to recover all and any legal and other costs and expenses arising from the collection of any overdue monies.
Xand Innovations is authorized to make all reasonable enquiries as to the credit worthiness and financial responsibility of a customer who has applied for and/or been given credit including reports from credit reporting agencies from time to time.
In the event of the company instructing its solicitors or mercantile agent to collect an overdue amount all legal fees and collection charges and tracing agents fee as between solicitor or mercantile agent and client shall be borne by the customer and all payments made shall firstly be made allocated towards such fees and charges thereafter to interest and finally capital. Credit may be withdrawn if the customer exceeds the authorised credit limit. The Company may charge in addition to the price of the Products an amount for delivery and handling at rates dependent on distance and volume of Products supplied. Goods supplied will remain the property of Xand Innovations until paid in full.
The Company generally stocks all advertised goods, however due to unexpected circumstances, there is the possibility that the Company may temporarily run out of certain stock items. In this case, the Purchaser’s order will be placed on back order.
Backordered items will be listed in the Purchaser’s invoice and will be delivered to the Purchaser as soon as possible. The Purchaser is not required to pay for back ordered goods until they are delivered.
6. DELIVERY/SHIPPING INFORMATION
Delivery times will vary depending on stock, lead times and your location. You will be advised of Lead times at the time of check out and/ or by follow up correspondence from Xand Innovations PTY LTD.
For stock items, order will be dispatched within 24 hours. Depending on your location, orders may take up to 7 days to deliver. All parcels/packages are delivered by DHL Express or Australia Post. Shipping costs are influenced by the size and weight of your entire order and your location. Exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout. Xand Innovations deliver goods Australia wide, however we do NOT accept international orders through our website. Please contact us to enquire about any special orders.
We will make every effort to deliver your purchase according to the estimated delivery times however, we do not guarantee in the event of unforeseen circumstances beyond our control that we will deliver within this time frame. We will deliver your products to the address indicated on your Order Confirmation unless other special arrangements are made and agreed to by us. All items will be delivered by receipted delivery which will require a signature from you confirming receipt of these goods.
Xand Innovations provide freight free delivery for orders over $100. We will provide freight free delivery for orders over the specified amount but are only applicable per delivery address.
Xand Innovations PTY LTD reserve the right to make changes to the freight-free policy without notice.
If Purchasers have any questions concerning orders that have not arrived within this time frame, please contact our office on 1800 894 027
Where the Company has agreed to deliver goods to the Purchaser and those goods are lost or damaged as a result of an act, neglect or default of the Company, the Company’s liability to the Purchaser is limited to either the replacement or repair of any goods lost or damaged. Any claims against the Company for such loss or damage must be made within seven (7) days of the date of delivery.
Where the Purchaser fails to take delivery of goods as agreed with the Company, the Purchaser indemnifies the Company against all loss and expenses incurred by the Company, including any additional transport and storage charges.
The Purchaser must notify the Company in writing, within seven (7) days of the date of delivery, of any non-compliance with the order (subject to the usual trade tolerances relating to weight, dimension and processing). If the Purchaser fails to give that notice then, to the extent permitted by statute, the goods shall be deemed to have been accepted by the Purchaser and the Purchaser must pay for the goods in accordance with these terms and conditions.
8. RETURNS POLICY
For all claims, initial contact should be made to Xand Innovations. Credit Returns will be accepted within 14 days of the Invoice Date, provided the goods have adequate shelf life, require no repackaging and are in an ‘as-new’ saleable condition. Goods that are not ‘as-new’, used or damaged in any way will not be accepted for credit. Return freight expenses will not be reimbursed.
Credit returns outside the 14 days will attract a restocking fee of 25% of the total value of the products returned, where there is not a valid reason for the return. Valid reasons include, but are not limited to: faulty products; damaged products; product with an expired use-by-date at the time of receipt; products received that differ from products ordered; over delivery. The restocking fee will be deducted from the credit note issued. Return freight charges will not be reimbursed where the customer is at fault and has not adhered to Xand Innovations conditions.
Goods Damaged, Lost in Transit or Short Delivered – Such claims must be made within 14 days, quoting invoice number. Claims regarding allegedly Defective Products – Except where specific warranty provisions apply, claims alleging defective product must be made to Xand Innovations within 12 months of supply or within the recommended shelf life of the product, whichever is the shorter period. Where a specific warranty period applies from the date of purchase, this will define the period within which claims will be accepted.
Warranty claims for manufacturing fault will be processed only after an evaluation by Xand Innovations. Subject to that, Xand Innovations liability for the goods is limited to claims permitted under this procedure and to any express warranty given on the goods and liability for consequential loss including loss arising from negligence or improper use is hereby excluded. In cases where it is legally permitted, any remaining liability implied by statute is limited, at Xand Innovations option, to repair or replacement of the goods.
Risk in goods supplied by the Company passes on delivery to the Purchaser or its agent. If the Purchaser fails to take possession of the goods within seven (7) days of being notified that the goods are ready for delivery:
(a) risk in those goods passes to the Purchaser;
(b) the Purchaser must pay for the goods in accordance with these terms and conditions of sale; and
(c) the Purchaser will indemnify the Company against all loss and expenses incurred by the Company, including any additional transport and storage charges, because of such failure.
Notwithstanding clause 9, title to goods remains with the Company until all monies owing in respect of those goods, including any amounts payable under clause 9(c), are paid by the Purchaser. Until such payment is received, the Purchaser must hold the goods as bailee for the Company, subject to the Purchaser’s right to deal with the goods in the ordinary course of business. If the goods are sold or consumed in the ordinary course of business, the Purchaser must hold any monies received on trust for the benefit of the Company. The Purchaser grants the Company an irrevocable license to enter at any time, the premises of the Purchaser or any other premises under the Purchaser’s control, for the purposes of repossession of goods owned by the Company.
11. PRODUCT INFORMATION, PHOTOS AND IMAGES
All descriptive specifications, illustrations, drawings, data, dimensions and weights supplied by the Company or otherwise contained in catalogues, price lists or other advertising material of the Company are approximate only and are intended to be by way of general description of the goods. Such descriptive specifications do not form part of the contractual description of the goods unless agreed to in writing by the Company, in which case they are subject to recognized trade tolerances.
Where the Purchaser provides personal information about its personnel or referees to the Company in the course of purchasing products from the Company, or applying for a credit account with the Company, the Purchaser undertakes to notify the relevant personnel that:
(a) their details have been provided to the Company;
(b) the purpose of that disclosure is to enable the Company to provide products to the Purchaser or to assess and administer a credit account with the Purchaser;
(c) they may request access to that information by writing; and
(d) the Company may disclose that information to its suppliers, agents and other organizations that the Company has arrangements or alliances with in the course of supplying products to the
Purchaser or for the purpose of promoting the products or services of those entities to the Purchaser.
13. RIGHTS RESERVED
The Company reserves the right to decline conducting business with any Purchaser, at any time, at its own discretion. If the Company declines to conduct business with any Purchaser in respect of a purchase made via the Company’s website, the Company will reverse that purchase and refund monies paid by the Purchaser.
Xand Innovations and its officers, directors, employees, agents and successors are not responsible for damages from any actions, claims, demands, damages, liabilities or suits of any nature, in law or in equity, arising from or in connection with supplied products or their use. It is understood that the customer will test and use supplied products according to the practices standard in the industry and in strict compliance with all applicable laws and regulations as they are intended to be used.
Certain products contain hazardous or harmful materials if misused; Xand Innovations does not warrant the safety or efficacy of the products. It is the customer’s responsibility to understand the hazards involved in using such products and comply with instructions for use. It is the customer’s duty to warn employees of any risks involved in using or handling the Products. It is agreed that this contract is made in New South Wales and governed by the Laws of that State.