101 Pty Ltd ATF LFT trading as Lightsearch (“Lightsearch”) of P O Box 360, AVOCA BEACH in the State of New South Wales.
1. Unless otherwise agreed in writing by Lightsearch, the Customer agrees that it will be bound by these terms and conditions if the Customer places an order with Lightsearch and it is accepted by Lightsearch. Lightsearch is not bound by any terms and conditions contained in any document issued by the customer.
Orders, Quotations and Price:
2. Once an Order has been accepted by LIGHTSEARCH, it cannot be cancelled or partially cancelled by the Customer unless LIGHTSEARCH consents in writing to such cancellation or partial cancellation.
3. Where a written quotation has been given by the Seller, the selling price is the price specified in the quotation. The unit price contained in any quotation shall be based on the quantities for goods referred to in the quotation. Should there be any variation in the total quantity of goods ordered from that quoted LIGHTSEARCH reserves the right to amend the unit price quoted. All prices quoted are current at the time of printing and subject to change without notice.
4. Where no written quotation has been given, LIGHTSEARCH’S selling price is the price specific in the price list as at the date of despatch. LIGHTSEARCH may at any time changes its price list to reflect, among other thing, changes in exchange rates, imposition of any duties, levies or other taxes and the customer is bound by those changes. The Customer must accept any errors or omission in invoicing and, where applicable, the Customer must accept the amended pricing any pay the difference within the approved trading terms.
5. Orders will not be processed for any account which has amounts outstanding for longer than 60 days from date of statement.
6. Due to increased processing costs, orders of $300.00 or less will incur a handling fee and/or delivery charge.
- Invoiced orders having a nett value in excess of $300 will be delivered - FIS (Free in Store) within the city of Sydney, Newcastle and Wollongong. Invoiced orders having a nett value in excess of $500 will be delivered FIS through NSW. All other orders will attract a quoted delivery fee or be despatched on your nominated carrier.
8. If a delivery date is specified, that date is an estimate only and LIGHTSEARCH is not liable for any delay in delivery. Time is not of the essence in relation to delivery and the Customer must accept delivery and pay for the goods delivered, including transport costs if applicable, even if they are delivered after any specified delivery date.
9. Back orders will be despatched by LIGHTSEARCH as soon as possible and the Customer will accept delivery when received unless LIGHTSEARCH is advised when the order is placed that the order is subject to delivery within a certain period.
10. Back orders will be held at our discretion unless advised otherwise and if below the minimum delivery value [see 6], they will be forwarded with the next order placed.
Inspection, Acceptance and Returns
11. The customer must inspect the goods or services immediately on delivery or on completion of services (as the case may be).
12. SHORT DELIVERIES: (INVOICE NUMBER AND DATE MUST BE QUOTED ON ALL CLAIMS) - All claims for short deliveries MUST be made to our office within 48 hours from receipt of goods. NO CLAIMS for short delivery can be recognised after this time.
13. PRICING/DISCOUNTS/GST: (INVOICE NUMBER AND DATE MUST BE QUOTED ON ALL CLAIMS) To assist us in reconciling and maintaining your account, any query you may have on your invoice re pricing, discount or sales tax, should be forwarded to our office as quickly as possible after receipt of your invoice.
14. GOODS RETURNED: NO GOODS WILL BE ACCEPTED WITHOUT A RETURN AUTHORITY NUMBER FROM THIS COMPANY - (INVOICE NUMBER AND DATE ARE REQUIRED ON ALL CLAIMS). IF INVOICE NUMBER CANNOT BE QUOTED, goods will be created at LIGHTSEARCH current price, less 10 per cent to cover any possible price increase since date of purchase. Goods cannot be accepted back by LIGHTSEARCH unless our office has received prior to notification in the form of a goods return authority. If we agree to accept goods back, we will advise the mode of transport acceptable to us. Freight will not be paid on goods returned by means other than those nominated by LIGHTSEARCH.
(a) Valid claims for incorrect goods sent will be credited in full provided we are notified within 48 hours of receipt of goods. Claims over 48 hours cannot be recognised.
(b) Return of goods after 48 hours will be at LIGHTSEARCH discretion and subject to a minimum 20% surcharge for handling. Goods returned must be in original packing, unsoiled, undamaged and still current catalogue items.
(c) Goods returned in an unsaleable condition - (i.e other than as above) cannot be accepted back for credit and will be returned "freight-on" to the sender.
(d) Faulty goods MUST first be inspected by our company representative, who will then arrange for their return if acceptable.
(e) Goods imported especially for customer, or non-standard goods made to special order, cannot be returned and/or credited under any circumstances.
(f) Except for goods which are determined by LIGHTSEARCH in writing to be defective or to have been shipped in error and are returnable or to have been shipped in error and are returnable to the extent specifically provided in these Trading Terms & Conditions, all sales are final and goods are not returnable.
15. Unless otherwise agreed, if the Customer has an approved credit account with LIGHTSEARCH, the Nett thirty (30) Days from the end of the month of invoicing or earlier if the approved credit limit is exceeded. Where the customer does not have a credit account with LIGHTSEARCH, all goods and services are to be paid for at time of delivery. Time is of the essence in respect of the Customer’s obligation to make payment for goods or services supplied by LIGHTSEARCH to the Customer.
16. If the Customer does not make any payment by the due date, exceeds its credit limit at any time, commits any other material breach of these terms and conditions, or an insolvency event in respect of the Customer arises or is reasonably suspected by LIGHTSEARCH, LIGHTSEARCH may (without limiting any other right or claim it may have against the Customer) do any or all of the following:
(a) charge the Customer interest calculated on a daily basis on any portion of the Customer’s account that is overdue at the Australian & New Zealand Banking Group’s reference rate for business loans, available to prime commercial customers, plus 7% calculated from the date the payment was due until the date payment is made (both dates inclusive). Any payment made by the Customer will be credited first against the interest accrued to date of payment.
(b) vary or withdraw any approved credit limit and/or terms of trade;
(c) cancel or suspend any unfilled orders or cease providing the services;
(d) terminate any contracts between LIGHTSEARCH and the Customer and demand immediate payment of any moneys due and outstanding under those contracts;
(e) cancel any rebate, discount or allowance due or payable by LIGHTSEARCH as at the date of the event;
(f) enter (at any time) any premises in which LIGHTSEARCH’s goods (including any merchandising materials) are stored, to enable LIGHTSEARCH to inspect the goods and to reclaim possession of the goods without liability for the tort of trespass, negligence or payment of any compensation to the Customer whatsoever;
(g) institute any recovery process as LIGHTSEARCH in its discretion decides at the Customer’s so and expense. In this case all discounts showing on unpaid invoices become null and void and the total list prices showing become payable.
(h) In the event that payment is not made by the customer on the due date, the customer authorises LIGHTSEARCH to set-off any amounts due by LIGHTSEARCH to the customer against the oldest amounts outstanding by the customer. Clause 1(a) will then only be applicable to any remaining amounts outstanding
Risk and Title
17. Immediately on delivery to the Customer the risk in the goods shall pass to the Customer. Notwithstanding this, title to the goods shall remain with LIGHTSEARCH until all moneys owing by the Customer to LIGHTSEARCH have been paid in full (and in the case of payment by cheque or bill of exchange or note, full payment is not deemed made until same is honoured) and the Customer shall hold the goods as fiduciary agent and bailee of LIGHTSEARCH. Until all goods are paid in full:
(a) to the extent possible, the Customer must store the goods in a manner that shows clearly they are the property of LIGHTSEARCH, maintain records relating to the goods, secure the goods from risk, damage and theft and ensure that the goods are kept in good an serviceable condition;
(b) the Customer may sell the goods, in the ordinary course of its business, but only as fiduciary agent of LIGHTSEARCH. The Customer must not represent to any third party that the Customer is acting in any capacity for or on behalf of LIGHTSEARCH and the Customer has no authority to bind LIGHTSEARCH to any contract or otherwise assume any liability for or on behalf of LIGHTSEARCH. The Customer receives all proceeds (including any proceeds from insurance claims) in trust for LIGHTSEARCH and must keep the proceeds in a separate bank account until all liability to LIGHTSEARCH is discharged.
(c) if the Customer uses the goods in some manufacturing or construction process of its own or of a third party, the Customer must hold in trust for LIGHTSEARCH that part of the proceeds of the manufacturing or construction process as is equal to the amount owing by the Customer to LIGHTSEARCH at the time of receipt of the proceeds.
Design, Drawings and Instructions
18. LIGHTSEARCH will retain ownership and all copyright in relation to all designs and drawings prepared for or on behalf of the Customer, despite any payment made in accordance with these terms of sale.
19. Where LIGHTSEARCH has followed a design or instruction furnished by or on behalf of the Customer, the Customer indemnifies and will keep LIGHTSEARCH indemnified against all claims, damages, losses, penalties, costs and expenses to which LIGHTSEARCH may become liable by reason of any work required to be done in accordance with those instructions or design including any infringement of any patent, registered design, copyright or any other right of a third party including moral rights.
Limitation of Liability
20. It is agreed and declared that LIGHTSEARCH is not a common carrier and that in the event of loss or damage in transit as a result of an act, neglect or default attributable to LIGHTSEARCH, LIGHTSEARCH's liability to the Customer shall be limited to and completely discharged by either the replacement or the repair of any goods so lost or damaged. ANY CLAIMS AGAINST LIGHTSEARCH FOR SUCH LOSS OR DAMAGE TO THE GOODS MUST BE MADE WITHIN FOURTY-EIGHT (48) HOURS OF THE DATE OF DELIVERY
21. To the extent permitted by law these terms and conditions exclude all other conditions, warranties, liabilities or representations in relation to the goods and/or services. Where legislation implies in these terms and conditions any condition or warranty that cannot be excluded or modified, to the extent permitted by law the liability of LIGHTSEARCH for a breach of any such condition or warranty is limited at LIGHTSEARCH’s option to any one ore more of the following:
(a) In the case of goods:
(i) replacement of the goods or the supply of equivalent goods;
(ii) payment of the cost of replacing the goods or of acquiring equivalent goods, by credit to the Customer’s account, in cash or by cheque at LIGHTSEARCH’s discretion; or
(iii) repayment of any part of the purchase price of the goods which has been paid by the Customer, by credit to the Customer’s account, in cash or by cheque at LIGHTSEARCH’s discretion.
(b) In the case of advice, recommendations, information or services, by supplying the advice recommendations, information or services again.
22. Subject to clause 21, LIGHTSEARCH is not liable for any loss or damage of any kind whatsoever and howsoever arising out of or in connection with the supply of goods and services, including (without limitation) any indirect or consequential loss (including without limitation loss of profit, loss of revenue, loss of contract, loss of goodwill or increased cost of workings), arising out of or in connection with the supply of goods or services, even if due to the negligence of LIGHTSEARCH or any of its employees or agents.
23. Upon receipt of goods returned for repair or replacement, LIGHTSEARCH will determine whether those goods qualify for repair or replacement and if they do not, LIGHTSEARCH will notify the Customer of the estimated costs of repair or replacement involved and will obtain the Customer's authorisation prior to proceeding. LIGHTSEARCH shall have no liability to pay any costs of repair performed by anyone other than LIGHTSEARCH, unless in each instance LIGHTSEARCH has given prior written approval of such repair in which case LIGHTSEARCH considers to be the reasonable cost here.
Statements by LIGHTSEARCH
24. All descriptive and forwarding specifications, drawings, particulars, dimension, weights, and all publicity and promotional material issued by LIGHTSEARCH is intended to be illustrative only. None of the foregoing nor any particulars or representations contained therein shall form part of and not be deemed to have been incorporated in any contract with LIGHTSEARCH.
25. Every care is used in the packing, but unless agreed, no responsibility is taken for loss or damage in transit.
26. Goods shown in LIGHTSEARCH's price list or catalogue are those that LIGHTSEARCH considers its normal lines. LIGHTSEARCH reserves the right to add and delete lines at its discretion and does not warrant the availability whether expresses or implied, or any lines it may from time to time advertise
27 To the best of LIGHTSEARCH'S information and belief, items sold do not infringe on third parties' Australian patent rights. LIGHTSEARCH, however, shall have no liability whatsoever to the Customer or its customers where any claim or proceedings are bought against the Customer or its customers based upon any allegation that LIGHTSEARCH's goods, or any part thereof, infringe such rights.
28. LIGHTSEARCH is not a manufacturer and therefore relies on the manufacturers expertise to comply with the relevant Australian and New Zealand standards.
29. These Trading terms & Conditions shall be governed and interpreted according to the laws of New South Wales. It is acknowledged that Lightsearch is a reseller of goods manufactured by others.
30. No waiver or modification of any of the Trading terms & conditions shall be effective unless such waiver or modification is in writing and signed by an authorised representative of LIGHTSEARCH. Should you have any query please discuss with our representative or contact any of our phone sales department.
31. The entire understanding of the parties in relation to their agreement is contained in:
(a) the Trading Terms and Conditions;
(b) the Credit Application completed by the Customer (if applicable);
(c) the Continuing Guarantee signed in accordance with the Credit Application (if applicable).
32. If any provision of these terms or conditions is unenforceable, illegal or void, that provision is severed and the other provisions remain in force.