|
Disclaimer
Please
note:- Big Safety makes every effort to ensure all details are accurate
and correct, however we reserve the right to correct any errors or omissions
including advertised prices
Freight Charges
$9.90 in NSW and $16.50 per order throughout the rest of Australia. Remote Western Australia and Northern Teritory may require a customised
quote.
Goods
listed with "This item may require additional cartage charge"
will be assessed by the customer support team.
You
will be contacted if the freight charge is greater than the prices quoted
above prior to the sale being processed.
Contact and Payment Details
Phone (02) 9481 4555 Fax (02) 9481 4455
ABN 18 105 678 500
CHEQUE
Cheques please make
payable to:-
TMZ Commercial
Services Pty Ltd
Trading as BIG
Safety
PO Box 448,
Beecroft
NSW 2119,
Australia
BANK
DETAILS
Bank: Commonwealth Bank
BSB: 062 145
Account No: 10 120 524
Account Application Form
Customers that spend >$300 a month over a period of three months may apply for a trading account. Please click the Trading Account Credit Application below and complete to apply for an account.
Download Credit
application
Conditions of
Sale
TMZ Commercial Services Pty
Ltd
CONDITIONS OF
SALE
1. Determination of
conditions
These conditions shall apply
to all orders for goods placed by buyer with TMZ Commercial Services Pty
Ltd to the exclusion of all other terms or conditions unless otherwise
expressly agreed in writing. If the terms of the buyer's order are
inconsistent with these conditions then the delivery of the goods to the
buyer or as the buyer directs shall constitute an offer by TMZ Commercial
Services Pty Ltd to sell the goods to the buyer pursuant to these
conditions, which offer buyer shall be deemed to accept by retaining the
goods.
2.TMZ Commercial Services
Pty Ltd may decline orders
TMZ Commercial Services Pty
Ltd reserves the right to accept in whole or part any order or decline an
order or part order not accepted is deemed cancelled.
3.Cancellation of
orders
Once lodged with TMZ
Commercial Services Pty Ltd, an order may not be cancelled or delivery
delayed without TMZ Commercial Services Pty Ltd's prior agreement in
writing and then only on the terms incorporated in such
agreement.
4.Terms of
payment
I.All accounts are to be
settled in full within 7 days of the receipt by the customer of the
supplier's statement.
II.That should the customer
default in the payment of any monies due under this agreement then all
monies due to the supplier shall immediately become due and payable and
shall be paid by the customer within seven (7) days of the date of demand
and the supplier shall be entitled to charge interest at the rate of 15%
per cent per annum on all overdue accounts from the date of due payment
until the date of actual payment.
III.Any expenses, costs or
disbursements incurred by the supplier in recovering any outstanding
monies including debt collection agency fees and solicitor's costs shall
be paid by the customer providing that those fees do not exceed the scale
charges as charged by that debt collection agency/solicitor.
IV.The supplier shall be
entitled without notice to terminate any credit arrangement with the
customer in the event of the customer defaulting in any of the terms and
conditions herein contained.
V.The supplier shall be
entitled at any stage during the continuancy of this agreement to request
such security or additional security as the supplier shall in its
discretion think fit and shall be entitled to withhold supply of any goods
or credit arrangements until such security or additional security shall be
obtained.
VI.The customer herby
acknowledges that the goods supplied by the supplier shall remain the
property of the supplier until the supplier receives payment for the same.
The supplier hereby agrees to allow the customer to deal, sell or trade
with the goods in the normal course of business and for the customer to
retain the sales proceeds of such sale or dealing provided that the
customer adheres to the terms and conditions of this agreement, then the
supplier shall have the right (without giving notice) to retake possession
of the goods supplied to the customer by the supplier and the customer
hereby authorises and allows the supplier or its representative, servant,
agent or employee to enter the premises upon which the goods are housed or
stored for the purpose of retaking possession of same and the supplier
shall not be liable for any costs, losses, damages, expenses or any other
monies or losses suffered by the customer as a result of the supplier
retaking possession of the goods.
5.Delays
Any date for delivery given
by TMZ Commercial Services Pty Ltd is the estimated date for delivery only
and TMZ Commercial Services Pty Ltd shall be under no liability for any
loss or damage howsoever arising if the goods are not delivered by that
date. Where TMZ Commercial Services Pty Ltd is unable
to deliver the goods because of accidents to machinery, differences with
workmen, strikers, lockouts, breakdowns, labour shortages, fires, floods,
priorities required or requested by any Government or agents thereof,
delays in transportation, lack of transportation facilities or
restrictions imposed by any laws or any other cause beyond the control of
TMZ Commercial Services Pty Ltd, then the estimated date for delivery
shall be extended until the cessation of such matter of
matters.
6.Point of delivery and
passing of risk
Unless otherwise agreed in
writing or stated in TMZ Commercial Services Pty Ltd's current price list,
buyer shall take delivery of the goods at TMZ Commercial Services Pty
Ltd's nominated premises and risk in respect of the goods shall pass on
such delivery. To the extent that TMZ Commercial Services Pty Ltd accept
responsibility for damage to goods in transit, such responsibility shall
end upon delivery into buyer's store. In any event, TMZ Commercial
Services Pty Ltd will accept no liability for damage to goods in transit
not notified in writing to it and to the carrier concerned within seven
(7) days after delivery of the goods to buyer.
7.
Non-Delivery
TMZ Commercial Services Pty
Ltd shall accept no liability for non-delivery of goods unless written
notification of such non-delivery is received within 21 days after receipt
of TMZ Commercial Services Pty Ltd's invoice including those non-delivered
goods. TMZ Commercial Services Pty Ltd's liability for non-delivery shall
be limited to replacement of the goods within a reasonable
time.
8.Title
Not withstanding paragraph 6
above, until payment in full to TMZ Commercial Services Pty Ltd for the
goods:
i)Property in the goods
remains with TMZ Commercial Services Pty Ltd and buyer agrees to hold the
goods as bailee for TMZ Commercial Services Pty
Ltd
ii) TMZ Commercial Services
Pty Ltd may at any time terminate any contract relating to the goods and
bailment without bailment to buyer and may thereupon take possession of
the goods.
iii) Buyer authorises TMZ
Commercial Services Pty Ltd by its servants or agents to enter any
premises owned, leased or otherwise occupied by buyer for the purpose
of taking possession of the goods and authorised TMZ Commercial Services
Pty Ltd by is servants or agents to use all reasonable force to obtain
such possession and the goods are sold by buyer. Buyer acknowledges that
such sale is by buyer as bailee for and on behalf of TMZ Commercial
Services Pty Ltd and agrees to hold the proceeds of sale on trust for TMZ
Commercial Services Pty Ltd until payment in full to TMZ Commercial
Services Pty Ltd for the goods.
9.Warranties
a) Sale to Non-consumers
In the case of goods
supplied by TMZ Commercial Services Pty Ltd to a person or corporation who
or which is not a consumer within the meaning of the Trade Practices Act
1974 ( such consumer being hereinafter referred to as
"consumer")
i)Except as provided herein,
buyer agrees that it has not relied on any inducement, representation or
statement made by or on behalf of TMZ Commercial Services Pty Ltd in
purchasing the goods and that there are no implied conditions or
warranties herein and no collateral contracts in connection herewith
(except such as may be in writing and signed by a duly authorised
representative of TMZ Commercial Services Pty Ltd)
ii)TMZ Commercial Services
Pty Ltd shall not be liable to make good any expenditure, damages and/or
loss arising out of any user or dealing with any goods delivered pursuant
hereto, however such expenditure, damages or loss shall arise and whether
from any defect in the goods or otherwise howsoever. TMZ Commercial
Services Pty Ltd's liability being strictly limited to replacement of any
defective goods on such defective goods being returned to TMZ Commercial
Services Pty Ltd at its premises at the cost of the buyer. TMZ Commercial
Services Pty Ltd shall not be liable for any special, consequential,
direct or indirect loss, damage, harm or injury suffered or incurred by
buyer goods delivered to TMZ Commercial Services Pty Ltd remain at buyers
risk. TMZ Commercial Services Pty Ltd shall not be liable for any loss or
damage to goods in TMZ Commercial Services Pty Ltd's possession whether
caused by the negligence of any of TMZ Commercial Services Pty Ltd's
servants, agents or employees or other cause whatsoever.
b)Sale to
consumers
In the case of goods
supplied by TMZ Commercial Services Pty Ltd hereunder to a person or
corporation who or which is a consumer.
i)Except for any other
conditions or warranties issued in writing by TMZ Commercial Services Pty
Ltd and except for those conditions and warranties implied by the Trade
Practices Act 1974 or other sale good or consumer protection legislation
which cannot be excluded, buyer agrees that it has not relied on any
inducement, representation or statement made by or on behalf of TMZ
Commercial Services Pty Ltd in purchasing the goods and there are no
implied conditions or warranties herein or collateral contracts in
connection herewith (except such as may be in writing and signed by a duly
authorised representative of TMZ Commercial Services Pty Ltd).
ii)To the extent that the
goods the subject herat are goods of a kind not ordinarily acquired for
personal domestic or household use or consumption: the liability of TMZ
Commercial Services Pty Ltd to buyer for breach of any warranty or
condition (other than a warranty or condition implied by section 69 of the
trade practices act 1974) or for breach of any duty of care shall in all
cases be limited, at the option of TMZ Commercial Services Pty Ltd, to any
one or more of the replacement of the goods or the supply of equivalent
goods, the repair of goods, the payment of the cost of replacing the goods
or of acquiring equivalent goods, or the payment of the cost of having the
goods repaired. And, without limiting the generality of the forgoing TMZ
Commercial Services Pty Ltd shall not be liable for any special
consequential direct or indirect loss, damage, harm or injury suffered or
incurred as a result of any such breach.
iii)Goods delivered to TMZ
Commercial Services Pty Ltd remain at buyer's risk: TMZ Commercial
Services Pty Ltd shall not be liable for any loss of or damage to goods in
TMZ Commercial Services Pty Ltd's possession whether caused by negligence
of any of TMZ Commercial Services Pty Ltd's servants, agents or employees
or any other cause whatsoever.
c) Manufacturer's
Liability
In the event that buyer
calls upon TMZ Commercial Services Pty Ltd to indemnify buyer pursuant to
a right accruing to buyer under the trade practices act 1974 in respect of
any liability of buyer to a consumer as a result of a breach of a
condition or warranty implied by that act in a contract for the supplier
of goods by buyer to that consumer:
i)In respect of goods that
are of a kind ordinarily acquired for personal, domestic or household use
or consumption, the foregoing provisions will not apply and the liability
of TMZ Commercial Services Pty Ltd to buyer as aforesaid in respect
therefore is limited to indemnifying buyer in accordance with the trade
practices act 1974.
ii)In respect of goods other
than goods of a kind ordinarily acquired for personal, domestic or
household use or consumption, the liability of TMZ Commercial Services Pty
Ltd to buyer as aforesaid in respect thereof is, subject to the trade
practices act, 1974, limited to a liability to pay to buyer an amount
equal to the cost of replacing the goods, or the cost of obtaining
equivalent goods, or the cost of having the goods repaired, whichever is
the lowest amount.
10.Return of
goods
a)Return not generally
accepted all returns will incur a 20% or $15.00 minimum fee upon the
original purchase price as restocking fee.
Except in accordance with
clause 6 hereof, no goods shall be returned without prior consent in
writing of TMZ Commercial Services Pty Ltd and where goods are returned
without such consent, they shall be returned to buyer at buyer's
expense.
b)Manner of
return
Unless otherwise agreed in
writing by TMZ Commercial Services Pty Ltd, all returns should be made via
TMZ Commercial Services Pty Ltd's authorised transport making the initial
delivery and all goods must be accompanied by an itemised credit claim
signed by an officer of the buyer stating the reason for the return of
goods. Intention to return goods must be notified to TMZ Commercial
Services Pty Ltd within 7 days of delivery to buyer and return must be to
TMZ Commercial Services Pty Ltd's premises within 2 weeks of dispatch of
the goods from TMZ Commercial Services Pty Ltd's premises.
c) Returnable
goods
Notwithstanding the
foregoing, products in unopened, undamaged and original packages may be
returned provided that they are received into TMZ Commercial Services Pty
Ltd's premises no later than 2 weeks after date of expiry and provided
that transportation charges in respect thereof are paid by
buyer.
d)Non-returnable
goods
Return shall not be accepted
of any of the following:
i)Products which are more
than 2 weeks from date of sale.
ii)Products returned by
other than the original buyer, and
iii)Products expressly sold
on a non-return basis.
11.Governing law and
submission to jurisdiction
These conditions and any
contract incorporating them shall be governed by and construed in
accordance with the laws of the State of New South Wales and the parties
hereto accept the exclusive jurisdiction of the courts expressing
jurisdiction in that state. |