Oriel Lighting – Trading Terms & Conditions
- SETTLEMENT TERMS
ORIEL LIGHTING may, subject to successful application, offer TRADING TERMS to the applicant (purchaser).
(A) Should the purchaser delay or default in respect of any payment due to ORIEL LIGHTING (AUSTRALIA) PTY LTD (ORIEL LIGHTING) at the agreed terms, ORIEL LIGHTING shall have the right, in addition to all other rights and remedies ORIEL LIGHTING has, to charge interest at a rate equivalent to two per centum (2%) in excess of such rate as shall be charged from time to time to ORIEL LIGHTING by ANZ BANK LTD for overdraft accommodation, such interest shall be calculated from the date of each invoice, to the date of full and final payment by the Purchasers. Any payment by the Purchaser will be credited first against the interest accrued to the date of payment.
(B) In the event that payment is not made by the purchaser on the due date, the purchaser authorises ORIEL LIGHTING to set- off any amounts due by ORIEL LIGHTING to the purchaser against the oldest amounts outstanding by the purchaser. Clause 1A will then only be applicable to any remaining amounts outstanding.
- MINIMUM INVOICE VALUE
Due to processing costs, orders of $50.00 or less, will be subject to an administration charge of $10.00.
- DELIVERY VALUE
(A) Invoiced orders having a Nett value in excess of $250 will be delivered – FIS (Free in Store) throughout the Southeast Queensland area.
(B) All other orders will incur a $20 or 5% (whichever the greater) freight charge.
- CONDITIONS OF SALE
(A) Immediately on delivery to the Purchaser the risk in the goods shall pass to the Purchaser.
(B) Title to the goods shall remain with ORIEL LIGHTING until all moneys owing by the Purchaser to ORIEL LIGHTING have been paid in full and the Purchaser shall hold any goods for which payment has not been made to ORIEL LIGHTING (“unpaid goods”) as bailee and/or fiduciary agent of ORIEL LIGHTING and must store the unpaid goods separately and ensure that the unpaid goods are clearly identified as belonging to ORIEL LIGHTING, only subject to the Purchaser’s rights to deal with the goods in the ordinary course of business. Any moneys received by the Purchaser from the sale of any unpaid goods shall be keep separate from any other moneys held by the Purchaser on trust for the benefit of ORIEL LIGHTING
(C) In the case of payment by cheque or bill of exchange or note, full payment is not deemed made until it is honoured.
(D) Orders will not be processed for any account that has amounts outstanding for longer than 60 days from date of statement.
(E) The Purchaser authorises ORIEL LIGHTING to appropriate any payment to particular goods, including goods no longer in the possession or control of the Purchaser, unless the Purchaser expressly appropriates such payment to particular goods and communicates such appropriation to ORIEL LIGHTING at the time of payment.
(F) In the event that payment has not been made in respect of any unpaid goods, a liquidator, receiver, manager, administrator or trustee in bankruptcy is appointed to the Purchaser, or the Purchaser commits an act of insolvency or bankruptcy, ORIEL LIGHTING may at any time without notice and without prejudice to any other rights it may have retake possession of any unpaid goods but the Purchaser shall not be entitled to return the goods except in accordance with condition 5.
(G) lf it becomes necessary to institute legal proceedings to recover unpaid debts to ORIEL LIGHTING, all discounts showing on unpaid invoices become null and void and the total list prices showing become payable.
(H) Nothing in these clauses shall affect ORIEL LIGHTING’S rights as an unpaid seller.
(I) Errors or omission of a clerical or mechanical nature on invoices, delivery dockets, statements, price lists, price changes, discounts, monthly specials or on the face hereof are subject to correction by ORIEL LIGHTING.
(J) While every effort will be made to adhere to the required delivery times, ORIEL LIGHTING shall not be liable for any failure to procure or deliver, or for any delay in procurement or delivery of goods to the Purchaser arising from any cause beyond ORIEL LIGHTING’s control.
(K) It is agreed and declared that ORIEL LIGHTING 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 ORIEL LIGHTING, ORIEL LIGHTING’s liability to the Purchaser shall be limited to and completely discharged by either the replacement or the repair of any goods so lost or damaged.
ANY CLAIMS AGAINST ORIEL LIGHTING FOR SUCH LOSS OR DAMAGE TO THE GOODS MUST BE MADE WITHIN FOUR (4) DAYS OF THE DATE OF DELIVERY.
(L) ORIEL LIGHTING shall accept no cancellation or partial cancellation of an order by the Purchaser unless it has first consented in writing to such cancellation or partial cancellation.
(M) All descriptive and forwarding specifications, drawings, particulars, dimension, weights, and all publicity and promotional material issued by ORIEL LIGHTING 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 ORIEL LIGHTING.
(N) Every care is used in the packing, but unless agreed, no responsibility is taken for loss or damage in transit.
(Q) Goods shown in ORIEL LIGHTING’s price lists or catalogues are those that ORIEL LIGHTING consider its normal lines. ORIEL LIGHTING reserves the right to add and delete lines at its discretion and does not warrant the availability, whether express or implied, or any lines it may from time to time advertise.
- CREDITS CLAIMS/RETURNS:
(A) SHORT DELIVERIES: (INVOICE NUMBER AND DATE MUST BE QUOTED ON ALL CLAIMS) – All claims for short deliveries MUST be made to our office within 4 DAYS FROM RECEIPT OF GOODS. NO CLAIMS for short delivery can be recognised after this time.
(B) BREAKAGES: (INVOICE NUMBER AND DATE MUST BE QUOTED ON ALL CLAIMS) All claims for broken glass MUST be made to our office within 7 DAYS from RECEIPT of GOODS – No claims for breakage will be recognized after this time.
(C) 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, GST, should be forwarded to our Head office as quickly as possible after receipt of your invoice.
(D) 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 credited at ORIEL LIGHTING current best catalogue price, less 15 per cent to cover any possible price increase since date of purchase. Goods cannot be accepted back by ORIEL LIGHTING unless our Head office has received prior notification. If we agree to accept goods back, we will advise the mode of transport acceptable to us and give a “Goods Return Authority Number”. Freight will not be paid on goods returned by means other than those nominated by ORIEL LIGHTING.
- Valid claims for incorrect goods sent will be credited in full provided we are notified within 4 DAYS of receipt of goods. Claims over 4 DAYS cannot be recognised.
- Return of goods after will be solely at ORIEL LIGHTING’s discretion and subject to a “Restocking Fee” for handling. Goods returned must be in original packing, unsoiled, undamaged and still current items.
- Goods returned in an unsaleable condition – (ie other than as above) cannot be accepted back for credit and will be returned “freight-on” to the sender.
- Our Representative MUST first inspect faulty goods, who will then authorize a full or partial credit if acceptable.
- Goods imported especially for customer, goods modified or assembled, or non-standard goods made to special order, cannot be returned and/ or credited under any circumstances.
- Except for goods that are determined by ORIEL LIGHTING in writing to be defective 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.
- GOODS NOT SUPPLIED ON ORDERS:- (Back orders/Cancellations. etc)
(A) Back orders will be despatched by ORIEL LIGHTING as soon as possible and the Purchaser will accept delivery when received unless ORIEL LIGHTING is advised when the order is placed that the order is subject to delivery within a certain period.
(B) Back orders will be held at our discretion unless advised otherwise and if below the minimum delivery value (see 3(A)), they will be forwarded with the next order placed.
(A) The only conditions and warranties which are binding on ORIEL LIGHTING in respect of the state, quality or condition of the goods supplied by it to the Purchaser are those implied and required to be binding by statute and cannot be excluded (including the Trade Practices Act, 1974) and to the extent permitted thereby the liability, if any, of ORIEL LIGHTING arising from the breach of such conditions or warranties shall, at ORIEL LIGHTING’s option, be limited to and completely discharged by either the replacement or repair by ORIEL LIGHTING of the goods supplied to the Purchaser and otherwise all conditions and warranties whether express or implied by law in respect of the state, quality or condition of the said goods which may apart from this clause be binding on ORIEL LIGHTING are hereby expressly excluded and negated.
(B) Except to the extent provided in 7(A) ORIEL LIGHTING shall have no liability (including liability in negligence) to any person for any loss or damage consequential or otherwise howsoever suffered or incurred by any such person in relation to the goods and without limiting the generally thereof in particular any loss or damage consequential or otherwise howsoever suffered or incurred by any such person caused by or resulting directly or indirectly from any failure, breakdown, defect or deficiency or whatsoever nature or kind of or in the goods.
(C) Upon receipt of goods returned for repair or replacement, ORIEL LIGHTING will determine whether those goods qualify for repair or replacement and if they do not, ORIEL LIGHTING will notify the Purchaser of the estimated costs of repair or replacement involved and will obtain the Purchaser’s authorisation prior to proceeding. ORIEL LIGHTING shall have no liability to pay any costs of repair performed by anyone other than ORIEL LIGHTING, unless in each instance ORIEL LIGHTING has given prior written approval of such repair in which case ORIEL LIGHTING will pay the amount that ORIEL LIGHTING considers to be the reasonable cost hereof.
- PRICE CHANGES:
(A) All prices quoted are current at the time of printing and subject to change without notice.
(B) Prices (and other changes) shown on the ”ORIEL LIGHTING SPEClALS AND NEW PRICES” will be applied from Effective Dates and will supersede prices shown on prior dated catalogue pages.
(C) The unit price contained in any quotation shall be based on the quantities of goods referred to in the quotation. Should there be any variation in the total quantity of goods ordered from that quoted ORIEL LIGHTING reserves the right to amend the unit price quoted.
(D) ”Price” does not include GST.
- SUGGESTED RETAIL
All prices quoted as “Recommended Trade Prices” are for the convenience of ORIEL LIGHTING’S customers and should serve as a guide only. There is no obligation to use this price. All orders will be shipped at prices in effect at the time of Shipment and all previous price lists issued will be regarded as automatically cancelled.
To the best of ORIEL LIGHTING’s information and belief, its goods do not infringe any third parties Australian patent rights. ORIEL LIGHTING, however, shall have no liability whatsoever to the Purchaser or its customers where any claim or proceedings are bought against the Purchaser or its customers based upon any allegation that ORIEL LIGHTING’s goods, or any part thereof, infringe such rights.
- LEGAL CONSTRUCTION
These Trading terms & Conditions shall be governed and interpreted according to the laws of Queensland.
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 ORIEL LIGHTING. Should you have any query please discuss with our representative or contact any of our phone sales departments.
- ONLINE RETAILERS
There are specific trading arrangements for ONLINE retailers which alter these trading terms and conditions. They are outlined in the ORIEL ONLINE TRADING CONDITIONS, and are subject to change with 7 days notice.
about Oriel Lighting
Established over 30 years ago, Oriel Lighting has always offered quality lightingware at affordable prices.