Terms & Conditions

Terms & Conditions

 

EasyShed Terms.

Provided by Durabuilt Products Pty Ltd

In these conditions:

Buyer means the purchaser of the Goods for any person acting on behalf of and with the express authority of the Buyer.

Goods means the products and, if any, services specified overleaf.

Price means the sale price of the Goods agreed between the Seller and the Buyer subject to clause 4.

Seller means Durabuilt Products Pty Ltd, which is the seller of the Goods.

Services means all services supplies by the Seller to the Buyer including any advice or recommendations.

Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.

Delivery

(a)          The delivery times made known to the Buyer are estimates only and the Seller is not liable for late delivery or non-delivery.

(b)          The Buyer is not relieved from any obligation to accept and pay for the Goods by reason of any delay in or in the instalment delivery of the Goods.

(c)           The Seller will not be liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery or late installation of the Goods and, without limitation in no event shall the Seller be responsible for any loss of profits, penalties, disruption, expenditure, fees or damage incurred or sustained by the Buyer due directly and indirectly because of a delay in the delivery of the Goods regardless of the cause of the late or non-delivery or late installation.

(d)          The Seller may at its option deliver the Goods to the Buyer in any number of instalments unless there is an endorsement overleaf to the effect that the Buyer will not take delivery by instalments.

(e)          If the Seller delivers any of the Goods by instalments, and any one of those instalments is defective for any reason:

(i)            this does not constitute a repudiation of the contract of sale formed by these conditions; and

(ii)           the defective instalment is a severable breach that gives rise only to a claim for compensation.

(f)           If the Goods are delivered by the Seller to the Buyer in a damaged state or there is short delivery or incorrect or faulty Goods supplied, the Buyer must request the company in writing for any rectification or replacement within eight (8) hours of the delivery of the alleged damage, short supply, incorrect or faulty Goods and the Buyer must at the time of the delivery specify in the delivery docket the nature and extent of the alleged damage, short supply or incorrectness of the Goods.

(g)          Any Goods returned by the Buyer will be held and/or disposed of by the Seller on behalf of the Buyer unless the return of Goods is proceeded by the complaint and claim in writing as specified in the preceding paragraph. The Buyer must facilitate the inspection of the Goods by the Seller’s representative prior to return. Acceptance of any returned Goods shall not imply any acceptance by the Seller of the Buyer’s claim.

(h)          All components, including their quality and quantities must be checked by the Buyer in accordance with the supply component checklist within five (5) working days of receipt of the Goods. All Goods shall be deemed to be inspected and accepted by the Buyer unless notification to the contrary in writing is received by the Seller within five (5) business days after delivery. Thereafter the Buyer releases the Seller from all liability in respect to the quality and quantity of components.

(i)            The Seller is not liable for additional costs or expenses, charges, or any damages caused by missing or damaged components, whether reported to the Seller either before or after the period referred to in clause 9(h).

Loss or damage in transit

(a)          The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to Goods in transit caused by any event of any kind or by any person (whether or not the Seller is legally responsible for the actions of that person).

(b)          The Buyer indemnifies the Seller from any claim whatsoever resulting from the Buyer, their employees or agents loading Goods supplied by the Seller on any vehicle or unloading Goods supplied by the company from any vehicle.

(c)           Any visible product or packaging damage must be reported in writing to the Seller no later than 5 working days from receipt of the Goods.  Where a freight carrier or agent has taken receipt of the Goods on behalf of the Buyer the date of receipt shall be deemed to be when the Goods have been received by the freight carrier or agent.

(d)          Where delivery has been made direct to the Buyer, the freight carrier Proof of Delivery (“PoD”) must be marked with a quantity, description, date, time and place of delivery as shown on the Seller’s invoice or delivery docket which shall be conclusive evidence of quantity, description, date, time and place of delivery of such Goods.

(e)          If visible freight or packaging damage is not reported at the time of delivery, the Buyer assumes all responsibility for any product damage reported thereafter.

(f)           The Seller shall not liable for any additional costs, loss, damage, loss of profit or any claim whatsoever due to freight damage.

(g)          Where Goods are delivered to a particular site the Goods will be entirely at the Buyer’s risk.

(h)          If the cartage contractor or a driver is not satisfied that access to the delivery site is safe the Goods will be unloaded at a curb site adjacent to the delivery address.

(i)            The Seller or its agents or carrier are not required to enter a property, carry or assist in moving Goods.  Delivery is considered complete once at curb side.

(j)           The Seller must provide the Buyer with such assistance as may be reasonably necessary to institute claims against a carrier for damages to Goods in transit so long as the Buyer has notified the Seller and the carrier in writing immediately after loss or damage is discovered on receipt of Goods.

Returns and Cancellation

(a)          Except for any provisions to the contrary contained in this agreement, the Seller is not under any duty to accept Goods returned by the Buyer and will do so only on terms to be agreed in writing in each individual case.

(b)          If the Seller agrees to accept returned Goods from the Buyer under para (a) of this clause, the Buyer must return the Goods to the Seller at the Seller's place of business referred to at the head of these conditions.

(c)           New, unopened items may be returned within 30 days of delivery. 

(d)          The amount of any refund will be in the absolute discretion of the Seller and in any case limited to the amount originally invoiced for the Goods less a minimum of 20% of the original order value and return freight charges to cover inspection, documenting, restocking, repacking and any other charges that may be applied.

(e)          No order may be cancelled by the Buyer except with the written consent of the Seller. In the event of a cancellation of the order by the Buyer, the Seller has the right to claim indemnity against all losses suffered by the Seller as a result of such cancellation.

(f)           In the event that the Seller agrees to a cancellation of an order after acceptance it shall be entitled to be paid a cancellation charge in an amount determined by the Seller which shall not be less than 20% of the original order value of the goods.