WINDSOCKS AUSTRALIA PTY LTD (“Windsocks”) STANDARD TERMS & CONDITIONS OF SALE
SCOPE. These terms and conditions (“Terms & Conditions of Sale”) shall apply to all quotations made and contracts of sale entered into between Windsocks and Customer, irrespective of whether Customer accepts these Terms & Conditions of Sale by a written acknowledgement, by implication, or by acceptance of goods hereunder. These Terms & Conditions of Sale may be updated by Windsocks from time to time.
PRICE & INSURANCE. Prices shall be the price as quoted by Windsocks on the date of such quotation.
Windsocks will use its best endeavours to hold to the prices quoted however, in the event of the quoted goods being unavailable or, particularly in relation to supply issues causes by the Covid-19 pandemic, if suppliers to Windsocks have significantly changed their prices, Windsocks reserves the right to withdraw and/or reissue a quote accordingly.
If Windsocks has reason to believe that it will be unable to supply the Goods to the Customer within a reasonable time, or at all, Windsocks may, without penalty, cancel the order for those Goods, in which case, Windsocks will refund the Customer any amount of the price already paid in respect of those Goods not delivered.
Unless otherwise included in the quotation, freight and insurance are the responsibility of the Customer.
DELIVERY. Windsocks will use reasonable efforts to ship according to Customers request but will not be responsible or liable for any failure to do so or any failure to meet a proposed delivery date.
TITLE. To the extent permitted by law, title and risk shall pass to Customer upon shipment from the Windsocks shipping location.
PAYMENT. (a) All orders shall be prepaid by Customer, unless credit is first extended by Windsocks.
(b) If credit is extended by Windsocks, Customer shall be invoiced upon shipment of product and Customer shall pay each invoice no later than FOURTEEN (14) DAYS from the date of invoice. Time of payment is of the essence. If Customer becomes insolvent, or bankruptcy or other debtors relief proceedings are instituted by or against Customer, or Customer makes an assignment for the benefit of its creditors or is unable to meet its obligations as they come due, any such event shall be deemed a material default hereunder, entitling Windsocks to cease performance under this order and to avail itself of all legal and equitable remedies it may have against Customer.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WINDSOCKS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST BUSINESS PROFITS OR REVENUE. DIRECT DAMAGES SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE AMOUNT ON THE FACE OF THIS INVOICE.
Our Windsock products come with a 12 month warranty, other products are as described in the relevant Datasheets. You are entitled to a replacement or refund for a major failure. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Please refer to our Warranty Information for further details.
GOVERNING LAW. These Terms & Conditions of Sale shall be governed by and construed in accordance with the laws of Western Australia, and any dispute, resolution, or proceeding with respect to these Terms & Conditions of Sale shall take place solely in that jurisdiction.
In the event that any provision of these Terms & Conditions of Sale is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms & Conditions of Sale shall remain in full force and effect and construed so as to best effectuate the intention of the parties. Customer expressly agrees that venue within this district is proper and voluntarily submits to the jurisdiction of the courts within the same.
MODIFICATIONS. ENTIRE AGREEMENT. These Terms & Conditions of Sale contain all the agreements, warranties, understandings, conditions, covenants, and representations made between Customer and Windsocks. Neither Customer or Windsocks shall be liable for any agreements, warranties, understandings, conditions, covenants, or representations that are not expressly set forth in these Terms & Conditions of Sale.
PUBLICITY. Unless otherwise agreed, Windsocks may disclose your name as a customer, and you hereby grant Windsocks the right to display your name, company, logo and a publicly available photograph in Windsocks marketing materials and on our public website. In no cases will project-specific information of the customer be communicated by Windsocks.