General

These Standard Terms and Conditions of sale (“the Conditions”) apply to any sale of items, equipment or services of Smokies Australia (“SA”) or, where a quotation is made, shall form part of that quotation.

SA may vary the Conditions from time to time, and the Conditions as varied shall be published on the SA website. The purchaser agrees that the ordering of any goods or services after the publication of the variation of the Conditions on the website will be an acceptance by the purchaser of the varied Conditions.

No variation or cancellation of any of the Conditions shall be binding on SA unless agreed by a responsible officer of SA in writing. No agent or representative has the authority to waive or alter the Conditions.

The purchaser or anyone purporting to act on behalf of the purchaser may place orders for goods or services with SA by telephone, email, in writing or by facsimile transmission.

Precedence

In the event of a conflict between the Conditions and those which may be included in, or implied by, any document forming part of any enquiry, specification, order or contract then the Conditions shall prevail unless they are expressly varied by SA in writing. If any Condition is contrary to or excluded by law then the Conditions shall be modified but only to the extent of excluding that part of the Conditions so affected.

Acceptance

A quotation is not to be construed as an offer or obligation to sell and SA reserves the right to decline any order for goods or services (either wholly or partially) at any time prior to the delivery of the goods or services, in which case SA shall be under no obligation in respect of such order.

Prices

All prices are subject to change without notice and orders are accepted by SA on the condition that they will be invoiced at the prices ruling at the date of dispatch, but every endeavour will be made to give 30 days’ notice of any increase.

All prices shown in the published catalogues or price lists are recommended selling prices only and there is no obligation on the part of any reseller to maintain such prices.

A quotation includes only such goods as are specified therein. SA reserves the right to cancel any sale where goods offered ex stock have been previously sold or otherwise committed.

A $20 surcharge may apply at the discretion of SA if an order value is less than $100.

Terms of Payment

The purchaser agrees to comply with the Conditions and payment for goods and services shall be made by the purchaser to SA prior to the goods being despatched, unless otherwise agreed in writing by SA.

Delivery

SA will endeavour to comply with the time of delivery of goods and services requested by the purchaser but delivery time is not guaranteed nor is time of the essence of the contract of sale of the goods and services. SA will not be liable for any loss or damage of whatsoever nature arising out of a delay in delivery of goods or services. The delivery period quoted commences from the date SA receives sufficient information to proceed with the supply or from the date SA receives the purchaser’s written order, whichever is the later. Quoted delivery dates are subject to confirmation when placing the order.

Goods Returned For Credit / Return Policy

A full refund is available on all purchases within six (6) months of the purchase date if the purchaser is not 100% satisfied with the purchase.

A refund outside of this time frame is only permissible if an authorised representative of SA has given written authorisation to do so.

All goods returned for credit must be in their original packaging, unmarked and undamaged. Any product returned to SA in an unsaleable condition will be returned to the purchaser.

If goods or services are not delivered/received or not as expected the Cardholder has an explicit right to dispute the transaction.

Any refund offered will only be processed against the original credit cardholder used to purchase the goods.

Cancellation

Any order may, at the option of SA, be terminated in the event of insolvency of the purchaser or of execution being levied against any of the goods of the purchaser or the purchaser being placed into administration or liquidation, whether voluntary or otherwise, or of a mortgagee entering into possession of any assets of the purchaser or the purchaser’s credit worthiness or credit standing alters, in the opinion of SA, from that disclosed in its application for credit.

Variation

A variation or cancellation of any order by the purchaser is subject to acceptance by SA of such variation or cancellation and in the event of such agreement the purchaser hereby indemnifies SA against any loss or damage as a result of such variation or cancellation.

Warranties Limited

SA warrants that the goods it supplies shall be of good and merchantable quality and its liability shall be limited only to the repair or replacement of any faulty or defective goods in terms of the manufacturer’s warranty and SA does not, unless specifically required by law, give any warranty beyond the manufacturer’s warranty, and in no event shall SA be liable either under statute, in equity, in contract or tort (including in negligence) or otherwise for any direct or indirect special consequential or punitive loss or damages (including loss of income, profits or business, loss of goodwill or reputation or loss of value of intellectual property) to persons or property, whether foreseeable or unforeseeable, arising from or caused in any way by such goods.

Inspection

The purchaser has seven (7) days from the date of delivery of the goods within which to provide SA with written notice of any claim for alleged failure to comply with an order whether due to a shortfall, defect, incorrect delivery or otherwise. Should the purchaser fail to provide such written notice within the stipulated time period then SA shall be deemed to have complied the purchaser’s order in all respects including delivery, quality and quantity.

Packing, Damage or Loss in Transit

SA uses every care in packing but, unless otherwise agreed, shall not be liable for any loss or damage in transit, and any claim in relation to such loss or damage shall not be accepted by SA and shall be a matter between the purchaser and the railway, shipping company or carrier. The purchaser shall inspect and check all goods received as soon as practicable upon unloading. No claim for shortage of goods shall be made to SA after forty eight (48) hours of such inspection, and while SA shall endeavour to rectify any shortage as soon as practicable after receipt of any claim, it shall not be liable in respect of such rectification.

Purchaser’s Specifications

SA shall be under no obligation to comply with any specification or drawings referred to in any order unless such specifications or drawings have been produced to SA prior to delivery of goods and signed by SA esale. Otherwise SA does not warrant or represent that the goods are fit for a particular purpose and the purchaser agrees that it does not rely on the skill and judgment of SA in relation to the suitability of the goods for a particular purpose. All such warranties are hereby excluded to the maximum extent permitted by law.

Risk

All goods sold shall be at the risk of the purchaser from the time of dispatch of the goods by SA for delivery to the purchaser and the purchaser shall be solely responsible for insuring the goods in transit.