These terms and conditions regulate the business relationship between you and us. If you offer or accept our offer for any goods, our contract is in the terms set out below.
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Goods” means any goods we offer for sale.
“Pomona” means Pomona Pumps Pty Ltd ABN 38 007 109 284 of 14 Jesamond Road, Croydon Victoria, 3136.
“You” The Buyer as specified on the Invoice.
2 Our Contract with You
2.1 We shall accept your order by letter or e-mail confirmation. We will message you confirm details of your purchase and advise of when we shall dispatch your order. That is when the contract is made.
2.2 Goods are at your risk from the moment they are picked up by the Carrier from our factory.
3 Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it unless we have offered terms of payment.
3.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
3.3 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Terms of Payment
All payments must be received by the 15th day of the following month in which our invoice is submitted to you. If you do make payment by the due date then you will be charged interest at the rate of 2% on the balance outstanding adjusted per month or part thereof.
5 Ownership of Goods
You do not obtain title to the Goods that have been received by you until payment in full is made for such Goods. This clause applies even if you have moved the goods from the premises to which they were delivered and even if they have been used in the manufacture or assembly of other goods and can no longer be distinguished or identified in their original form.
6 Information you give us
6.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself and any changes to the Goods that you order.
6.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
7.1 The price of the product unless otherwise stated by ourselves is FOB our plant in Croydon, Victoria.
7.2 We may deliver the goods in installments if the goods are not available at the same time for delivery.
8 Start Up Responsibility
Unless specifically included in our Quotation, the commissioning and starting up of equipment is the Buyer’s responsibility. If, however, the Buyer requests Pomona to commission or start up equipment, the Buyer will meet any costs.
9 Goods returned
9.1 You must obtain written permission from Pomona to return any goods, which will be at the buyers cost with a Restocking Fee of 30% on approval of returns.
9.2 All products returned under this clause must be received by Pomona within 30 days of the original invoice date.
10 Inspection & Tests
Goods shall be tested prior to delivery by Pomona and the test will be conducted at our premises, the cost of which will be borne by us unless otherwise specified.
The parties agree that the Buyer’s sole and exclusive remedy against Pomona will be for the repair or replacement of defective Goods upon return to Pomona notified to us within a period of 90 (ninety) days.
12.1 We may make improvements or to any of the Goods, at any time and without advance notice.
12.2 We give no warranty and make no representation, express or implied, as to:
12.2.1 The adequacy or appropriateness of the Goods for your purpose.
12.2.2 Any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
12.2.3 Compliance with any law;
12.2.4 Non-infringement of any right.
12.3 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
12.4 Except for a claim for personal injury, in any claim against us our liability is limited to the value of the goods you have purchased in the contract that is the subject of the dispute.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Goods, or the infringement by you, of any intellectual property or other right of any person.
14 Contractual Limitation
Where we provide goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such goods or services.
15 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
16 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between the parties, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
17 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
18 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Victoria and any relevant Commonwealth of Australia Laws. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.