General Terms and Conditions of Sale. Please note that other general terms and conditions apply.
In these conditions,
"Agreement" means any agreement or contract entered into for the provision of goods and /or services by Solaire Pty Ltd to the Customer.
"Terms" means these Terms and Conditions of Trade.
"Customer"/"client" means a person. Firm or corporation, jointly and severally if there is more than one, acquiring Goods or Services from Solaire Pty Ltd .
"Delivery" means when Goods are delivered to the Customer's Premises or when Services are provided.
"Goods" means goods supplied by Solaire Pty Ltd to the customer."GST" means Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended."Intellectual Property" means all copyrights, patents, trademarks, designs, formulae, specifications, confidential information, manufacturing processes and or modifications, improvements and derivations (whether registrable or not) owned or licensed by Solaire Pty Ltd in respect of the goods and services."Services" means services supplied by Solaire Pty Ltd and/or Solaire Pty Ltd to the Customer "Terms" means the terms and conditions of trade
In these terms and conditions “the Company” means the entity to which this application for credit is made and includes its successors and assigns and “the Client or "customer"” means the entity which is applying for credit in the application overleaf.
These terms and conditions shall apply to the exclusion of all others including any terms and conditions of the Client (whether on the Client’s order form or otherwise). The Client acknowledges that these terms and conditions constitute the whole agreement between the parties unless otherwise agreed in writing.
3. Basis of Agreement
These Terms apply to the supply of all Goods and Services by Solaire Pty Ltd to the Customer cannot be varied except in writing signed on behalf of Solaire Pty Ltd. The website where the terms and conditions are displayed supersedes all other terms and conditions.
The customer will order from the Solaire Pty Ltd website and shall provide all necessary information required for the supply and delivery of goods is correct and accurate at the time of the order. The customer will be responsible for any cost for incorrect information eg Incorrect addresses etc.
In specific circumstances - The Customer shall supply Solaire Pty Ltd with detailed and specific instructions as to the Goods and Services it requires. Any written quotation provided by Solaire Pty Ltd to the Customer for the proposed supply of Goods and Services is:i. Valid for 14 days from its date .ii. An invitation to treat only; iii. Subject to the Customer offering to enter into an Agreement in accordance with these Terms. Solaire Pty Ltd may include additional terms in its quotation to the Customer. In the case of inconsistency between terms set out in Solaire Pty Ltd quotation and these Terms the terms set out in the quotation shall prevail. The Customer shall offer to purchase Goods by PAYING THE REQUIRED DEPOSIT OUTLINED IN THE quotation OR AS PER THE WEBSITE TERMS AND CONDITIONS IF NOT LISTED ON THE QUOTATION. to Solaire Pty Ltd .The Customer's offer shall be deemed to be accepted by Solaire Pty Ltd when confirms its acceptance in writing or by electronic means.
Prices quoted for the supply of Goods and Services include GST but exclude all other taxes or duties imposed on the Goods and Services in addition to paying the price of goods and services, the Customer must pay any other taxes or duty imposed on the Goods and Services.
If the customer requests any variation to the Agreement, Solaire Pty Ltd may vary the price of the Goods or Services to account for the variation.
Where there is a substantial variation in the cost of materials or services used by Solaire Pty Ltd in producing the goods or services Solaire Pty Ltd may vary its price for the Goods or Services by notifying the Customer.
All pricing is in Australian Dollars (AUD).
1.Payment must be made prior to goods/services being supplied.
3. Any form of After payment purchase system such as AfterPay etc.
4. EFT or Bank transfer. Payment by EFT or BANK transfer is not deemed made until proceeds of the funds have cleared
5.Credit cards: Visa/Mastercard & American Express
6. The Customer shall reimburse Solaire Pty Ltd all expenses and costs incurred by Solaire Pty Ltd in recovering monies not paid by the Customer.
7. Property in any goods sold by the Company shall not pass to the Client until the Client has paid for the goods in full and has paid
Orders placed with the Company cannot be cancelled without the written approval of the Company. In the event that the Company accepts the cancellation of any order placed with it, it shall be entitled to charge a reasonable fee for any work done on behalf of the Client to the date of the cancellation including a fee for the processing and acceptance of the Client’s order and request for cancellation. The cancellation fee is 30% of the value of the entire order.
7. Risk and Insurance
The Goods shall be at the Customer's risk immediately following Delivery of the Goods.
The Customer shall obtain all necessary licenses and permits in relation to the Goods under all relevant laws or regulations.
From the time of Delivery the Customer assumes all risk and liability for loss, damage or injury to persons or property of the Customer, or third parties arising out of the use of possession of any of the Goods whether such goods are used singularly or in combination with other substances, or any process.
The customer acknowledges that:
It has not relied on any services involving skill and judgment, or any advice, recommendation, information or assistance provided by Solaire Pty Ltd in relation to the goods and or services or their use or application.
It is solely responsible for satisfying itself that the goods or services are suitable for use of the Customer or any contemplated use by the Customer, whether or not such use is known by Solaire Pty Ltd .
Any description of the goods provided in a quotation, invoice or on the website is given by way of identification only and the use of such description does not constitute a contract of sale by description.
Solaire Pty Ltd will, at its discretion, arrange for the delivery of the goods to the Customer and shall designate the route and means of transportation for the delivery of Goods or Services. In the event that the Customer requires a different route or form of transportation the Customer will reimburse Solaire Pty Ltd for the extra costs involved.
Please note that we do not have any connection with shipping agents. You the client engage the shipper of your choice and accept our terms and conditions and the respective shippers terms and conditions on placing an order.
Any issues with couriers/ shippers needs to be addressed directly with the company. We are a third party and due to privacy can not act on your behalf with any shipping company or courier.
All orders are placed with an authorization to leave and We do not accept any responsibility for goods once they have left our premises. All goods are sent with a tracking number for you to plan delivery,arrange alternate delivery addresses, times or re delivery in the event you will not be present to accept goods. Please note re delivery fees will be on forwarded to you once received by us.
In the event you have not chosen insurance on items they carry insurance we are not responsible for any damage during shipping, or non delivery and you will need to take up any issues directly with the shipper/ courier company.
Customers can expect delivery within 7 business days, depending upon final destination.
All freight will be charged on an individual basis as per online calculator.
Unless otherwise agreed in writing by Solaire Pty Ltd, the Customer will be responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of dispatch of the goods to the customer to the point of delivery.
The Customer must provide reasonable and proper access to the location specified for delivery.
The Customer authorizes Solaire Pty Ltd in its absolute discretion to subcontract delivery
The Customer indemnifies Solaire Pty Ltd against any loss or damage suffered by Solaire Pty Ltd , its subcontractors or employees as a result of delivery.
Any period of date for delivery of goods or provision of services stated by Solaire Pty Ltd is intended as an estimate only and is not a contractual commitment. Solaire Pty Ltd will use its reasonable endeavours to meet any estimated date for delivery of the goods or completion of the services but will not be liable in any circumstances for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.
A completed drivers' manifest or delivery docket whether signed by the driver or the Customer or its employee or agent will be proof of Delivery of goods invoiced.
Goods must be checked for damage and completeness in the presence of the delivery driver. The customer acknowledges that once the customer has signed for the delivery they are signing that they have received the delivery in good condition and intact.
Delivery of the goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
The Client shall not be entitled to repudiate the agreement as a result of the failure of the Company to deliver the goods.
It is the responsibility of the Client to check each delivery to ensure that the delivery is complete and in good condition. The Client will be deemed to have accepted the goods as being in accordance with its order and received in good condition unless it notifies the Company in writing of any claim within one (1) days of receipt of the goods.
The Company will not accept any return of goods unless it has given prior written authorisation for the return and unless the returned goods are in their original condition and packaging. The Client is responsible for payment of any freight or delivery costs to return any goods to the Company unless the Company agrees to pay such costs on the basis that the goods were delivered in a damaged condition.
10. Force Majeure
The Company will not be in default or breach of any dealing with the Customer as a result of Force Majeure
11. Returns/Exchanges/ Warranty
Solaire Pty Ltd does not refund or exchange purchase except as specifically set out herein, or contained in any warranty statement provided with the goods or services, any term, condition or warranty in respect of the quality, merchantability, fitness for purposes condition, description, assembly, manufacture, design or performance of the goods or services, whether implied by statute, common law, trade usage, custom or otherwise which may be lawfully excluded, is hereby expressly excluded.
Solaire Pty Ltd liability arising under or in connection with the sale, use of, shortage in Delivery of or any other dealings with the Goods or Services by the Customer or any third party shall be limited to replacement or repair the Goods re-supply of the Services.
Solaire Pty Ltd shall not be liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or good services.
Solaire Pty Ltd shall not be liable for any loss or damage suffered by the Customer where Solaire Pty Ltd has failed to deliver goods or services or fails to meet any delivery date or cancels or suspends the supply of goods or services.
Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be restricted or modified.
Equipment Warranty - Warranty cards must be completed and returned within 14 day with proof of purchase to register for warranty. Failure to complete card within the 14days voids all warranty. All equipment is designed to be used with Solaire Pty Ltd products failure to only use these products voids all warranties.
Provision of the Equipment Warranty is subject to:
Written notice from the Customer stating why the equipment does not meet specification or those Goods that are defective. The provision of the equipment to Solaire Pty Ltd for testing at the customers cost.
Correct use and storage of the Goods in accordance with instructions provided
Using the Goods and services in accordance with their intended purpose.
Providing evidence the customer is adequately trained and qualified.
All necessary and appropriate precautions and safety measures relating to the storage, use, handling and maintenance of the goods.
Solaire Pty Ltd shall not be required to replace Goods which are defective as a result of not being used for their proper or intended purpose or which have been treated, processed or changed in any manner.
Solaire Pty Ltd will determine if the equipment is defective or as a result of customer.
Solaire Pty Ltd will determine if repair or replacement shall be the most appropriate. In the event the equipment is deemed not defective the customer will be advised of costs for repair/replacement.
The customer will be held responsible for all costs and charges for labour, parts, freight, insurance etc.
Provide Evidence of Solaire Pty Ltd Purchase.
Any warranty provided by the Company shall not cover any defect or damage which may be caused by:
(i) Failure on the part of the Client to properly maintain any Goods; or
(ii) Failure on the part of the Client to follow any instructions or guidelines provided by the Company; or
(iii) Any use of any Goods otherwise than for any application specified on any documentation supplied with the goods; or
(iv) The continued use of any Goods after any defect becomes apparent to a reasonably prudent operator or user; or
(v) Fair wear and tear, any accident or act of God.
Any Warranty provided by the Company shall be voided in the event that the goods are repaired or altered or replaced without the Company’s consent.
12. Intellectual property.
The Customer acknowledges that it has no proprietary rights or interest in the Intellectual Property.
The Customer must not register or record or attempt to register or record anywhere in the world the Intellectual Property or any part or any patents, inventions, trademarks or designs derived from or similar to the Intellectual Property or aid or abetted anyone else in doing so.
The Customer must not at any time create, sell, manufacture or process any goods or services using or taking advantage of the Intellectual Property.
The Customer indemnifies and agrees to keep indemnified Solaire Pty Ltd against all liabilities losses and expenses incurred by Solaire Pty Ltd in relation to, or in any way directly or indirectly connected with, any breach of any Intellectual Property rights in relation to the Customer's manufacturing process or material provided by the Customer for the manufacture or supply of the goods and services.
Any Intellectual Property provided to the Customer by Solaire Pty Ltd in connection with the goods and services remains the exclusive property of Solaire Pty Ltd and must be returned to Solaire Pty Ltd on demand and must not be copied or communicated to any third party without the express written consent of Solaire Pty Ltd.
All specifications, formulae, drawings, illustration, descriptive matter and particulars contained in Solaire Pty Ltd catalogues, website and marketing documents are indicative only, do not form part of this Agreement, and are not representations or warranties of any kind. Any discrepancies will not entitle the Customer to rescind this Agreement or seek compensation or damages.
The Customer must not reverse engineer any goods provided to it by Solaire Pty Ltd .
All drawings, descriptive matter and particulars supplied by Solaire Pty Ltd to the Customer remain Solaire Pty Ltd property and are to be returned to Solaire Pty Ltd on demand and the Customer shall not publish or communicate any of them to any person or publish or permit them to be copied or communicate them to any other person without Solaire Pty Ltd prior consent in writing.
We are committed to maintaining the trust and confidence of visitors to our web site. We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Our website has the latest SSL certificate technology. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
If we become aware of any ongoing concerns or problems with our web site, we will take these issues seriously and work to address these concerns. If you have any further queries relating to this policy or you have a problem or complaint, please email email@example.com.
When you visit this website and purchase items online, some personal information and non-personal data will be collected.
Personal information collected by Solaire Pty Ltd is used to support the seller/customer relationship between you and Solaire Pty Ltd.
If you register online through our website you will be phoned by a Solaire Pty Ltd representative to finalise the registration process (As wholesalers we need to establish whether the registration is for personal use or business). Information gathered includes basic contact details such as name, phone number, email address, postal address and business name (if relevant). From time to time you may be contacted by a Solaire Pty Ltd representative to discuss products purchased or information on current promotions. You may ask to be removed from the calling list at any point by advising the representative verbally or by emailing firstname.lastname@example.org.
By registering online through our website you will be also be added to the newsletter mailing list which is through a third-party service MailChimp or like provider . Our regular newsletters contain product information, promotion and educational articles. MailChimp or like provider allows us to gather information on how many clients open and click links within our newsletter. You may unsubscribe from our newsletter mailing list at any point by clicking the unsubscribe button at the bottom of the email.
All personal information held by Solaire Pty Ltd either in its databases or otherwise is held in a strictly confidential manner. Solaire Pty Ltd does not keep or store any details customer credit card information.
At Solaire Pty Ltd we take credit card fraud very seriously which is why we use 3D Secure Access which provides extra protection to customers for online credit card payments. Prior to payment confirmation it will send a text message with a secure pin to the card holder. Secure Socket Layer (SSL) encrypted protection is also used for all credit card and financial transactions via either SecurePay/Directone and is managed by Card Access Services. Please note, all prices listed on our website are in Australian dollars and exclusive of GST.
If you purchase any products from Solaire Pty Ltd your name, address and contact phone number will be shared with the courier company delivering your parcel. At Solaire Pty Ltd we use the services of Australia Post, Fastway Couriers, StarTrack, Northline, DHL and any other couriers deemed suitable from time to time to deliver goods to our customers.
If legally required to we may share your information with law enforcement agencies, public authorities or other organisations.
Solaire Pty Ltd does not control the privacy policies of third party websites. Aside from those listed above, Solaire Pty Ltd does not, will not, forward/provide your information to any external marketing company.
You are entitled to view, amend, or delete the personal information that we hold. Email your request email@example.com.
15. Use of Materials Authorisation, Release and Promotional Terms & Conditions
As a model, participant in any promotional activity, competition, testimonial, user of any Solaire Pty Ltd product you authorise:
Solaire Pty Ltd, and all trading entities of Solaire Pty Ltd and all persons functioning under Solaire Pty Ltd 's permission or authority (Solaire Pty Lt ): the use of
1. film photographs 2. digital photographs 3. motion picture footage 4. audio recordings (the 'Materials') in accordance with terms and conditions published on Solaire Pty Ltd 's website. The use of the materials and any other reproductions or adoptions thereof, either complete in part, alone or in conjunction with any wording and/or drawings and assigns for any purpose whatsoever including without limitation: sale, reproduction in all media, publication, display, broadcast and exhibition for promotion, advertising, trade, art or illustration, with no territorial limitations.
You agree on that the materials, the copyright in the materials and all other rights in the materials or copies or reproductions thereof are the sole property of the Solaire Pty Ltd and that Solaire Pty Ltd may protect the copyright or dispose of or authorise the use of any or all such rights in any manner whatsoever.
You hereby release and discharge Solaire Pty Ltd and all persons functioning under his/her permission or authority from any claims. This includes claims related to blurring, alteration, distortion, or use in composite form that may occur or be produced in the process of recording, processing, or publishing the Materials. You hereby release and discharge Solaire Pty Ltd and all persons functioning under his/her permission or authority from all liability for libel, invasion of privacy, and all causes of action whatsoever in relation to the materials their making and use, towards myself or my property, including without limitation any liability for alteration of the materials.
In the setting of any promotional activity of Solaire Pty Ltd the participant agrees to only publish positive comments (this will be determined solely at Solaire Pty Ltd 's discretion) this includes all channels of both written (including all social media) and verbal communications. Any comments deemed to be inappropriate (this will be determined solely at Solaire Pty Ltd 's discretion) will be removed immediately upon receiving notification from Solaire Pty Ltd . Any feedback in relation to product testing that may be deemed as less than satisfactory may be emailed to Solaire Pty Ltd but must not be published.
By participating as describe above, you acknowledge you have read the foregoing and fully understand the contents hereof.
Solaire® VIP Discount Promotion
Only new Solaire Pty Ltd clients are eligible for the VIP Discount Promotion. New clients must list the relevant promotional code in the notes section when registering online at www.solaire.com.au by 21/12/2018. The VIP Discount Promotion is only valid until 30/06/2019. From 01/07/2019 client discount will return to standard rates.
The proper law of all contracts arising between the Company and the Client is the law of the State of Victoria and the parties agree to submit to the jurisdiction of the Courts of that State.