SALES TERMS AND CONDITIONS
a) Terms:
1. In these conditions of sales, the singular includes the plural and vice versa
2. “Goods” means the equipment referred to on the sales invoice and/or any additional equipment schedules as such invoice refers to.
3. The “charges” means the amount shown where “Total charges” applies on the sales Tax invoice.
4. The “Purchaser” means the person or company to whom the equipment is or will be sold to.
b) Delivery of Goods:
1. Entertainment Warehouse will make all reasonable efforts to have the goods delivered to the purchaser on the date agreed between the parties, but Entertainment Warehouse shall not be liable for any failure to deliver or delay in delivery for any reason.
2. The Purchaser undertakes to Carefully to inspect the equipment upon delivery and to notify Entertainment Warehouse if there is any damage or shortage. No claim shall be recognized after 7 days of receipt of goods
c) Risk:
Unless otherwise agreed in writing, all risk in and to the Goods purchased shall pass to the purchaser upon delivery to the purchaser or its agents or to a carrier commissioned by the buyer.
d) Returned Goods:
1. A "Return Goods Authority" must be generated by Entertainment Warehouse before any goods are returned.
2. A return Item fee of 20% of the invoice total will apply to all items that are returned to Entertainment Warehouse in their original and unopened packaging. Such goods are subject to inspection before exceptence as "returned goods"
3. A return item fee of 50% applies to Special Order Items.
4. A return item fee of 50% applies to Manufactured-to-Order items.
e) Payment:
1. The purchaser agrees to pay the charges, referred to on the tax invoice by the due date, for goods collected and/or services provided, promptly and without deductions. Late payments will incur a charge of 2% above the penalty interest rate, per calendar month, calculated daily as well as an initial $50.00 administration charge per invoice.
2. Payment by credit card (excludes American Express cards) will incurr a surcharge of 1.5% of the total cost of goods and services. American Express cards will incur a surcharge of 3.5% of the total cost of goods and services.
3. For all non-credit account transactions payment is to be in a form of cash, EFT, Bank cheque or Money order. Payment by personal or Company cheque can only be made by prior arrangement.
4. Credit will only be extended to these customers that have completed an "Account application form" and have fulfilled the criteria of such form.
5. "Stop credit" will apply to all credit accounts which are not paid by the due date. Credit facilities for accounts which are late for more than 14 days from the due date will be terminated.
6. Invoices that are outstanding for more than 14 days from the due date will be reffered for debt collection.
f) Prices:
1. Prices are correct at the time of publication and Entertainment Warehouse reserves the right to vary prices at any time thereafter. Please verify cost of goods when placing orders.
g) Taxes:
All prices quoted, or advertised, include GST and all other relevant government taxes and stamp duties
h) Warranty Claims:
1. The only conditions and warranties which are binding on Entertainment Warehouse in respect of the state, quality or condition of the goods supplied to the customer, are those imposed and required to be binding by statue (including The Trade Practices Act as amended) and to the extent of permitted thereby the liability, if any, of Entertainment Warehouse arising from the breach of such conditions or warranties whether expressed or implied by law.
2. Use of non-genuine parts, or non-approved parts, on purchased goods (i.e. globes, fuses, fog fluids, etc.) which cause or may cause damage to these goods, will result in the cancellation of the warranty cover. Warranty repairs can only be carried out by autorised service agents. Contact Entertainment Warehouse for your nearest authorised warranty service agent.
i) Advices:
The purchaser hereby acknowledges that it has not relied on any service involving skill or judgement, or on any advice, recommendation, information or assistance provided by Entertainment Warehouse in relation to the goods or their use or application. All consultation services obtained from Entertainment Warehouse are at the discretion of the purchaser.
j) Title:
1. Title in and to the goods shall not pass to the purchaser until payment in full for all the goods is received by the Entertainment Warehouse bankers.
2. The Purchaser acknowledges that until the title in and to the goods passes to the Purchaser in accordance with above clause, the Purchaser holds the goods as bailee of Entertainment Warehouse and that a fiduciary relationship exists between the Purchaser and Entertainment Warehouse.
k) Limitation of Liability:
Entertainment Warehouse is not responsible for the loss of income due to the non-delivery or failure of the equipment purchased from Entertainment Warehouse or its agents except as required to be binding by statue (including The Trade Practices Act as amended)
L) Failure to comply with any of the above “terms and conditions” will result in the cancellation of credit account.