You are here: Home > Terms and Conditions
Terms and Conditions
The following Terms and Conditions of sale apply to all contracts of sale of all products (“the Products”) by Zone Products Australia Pty. Ltd. ACN 119 271 304, Trading as Zone Advanced Protection Systems (hereafter referred to as ZONE) and it’s customers (herein referred to as “the Customer”). The terms and conditions contained in any form, order or other writing of the customer, which are at variance with or additional to these terms and conditions are not binding upon ZONE unless specifically accepted by ZONE in writing.
1.Payment
Unless otherwise agreed in writing, a deposit of 50% (inc. GST) will be payable upon receipt of customers order by ZONE, with the remaining 50% (inc. GST) due upon completion or supply of goods. Payment for product supplied shall be made in full, inclusive of GST and any other taxes levied by Australian Law, by the customer to ZONE without deduction or demand, within the approved term as advised by ZONE, or in the absence of a term approved by ZONE within (7) days from the date of invoice.
2.Default in Payment
If the customer defaults in payment to ZONE, then;
a)all monies owing by the Customer to ZONE shall become due and payable forthwith without demand; and
b)ZONE may at it’s sole discretion suspend provision of credit to the Customer until all amounts owing by the Customer are paid in full.
c)If the Customer fails to make payment to ZONE when due, ZONE may, at ZONE’S discretion charge a finance fee on the amount(s) due and owing, from the date it becomes due until the date of payment at a rate no greater than that prescribed from time to time pursuant to Section 94 of the Supreme Court of New South Wales 1970 or any subsequent amending legislation.
3.Delivery
3.1.Product supplied by ZONE to the Customer F.O.B and at the Customers risk upon delivery to the Customer or into the Customer’s custodian (whichever the sooner), and the customer must insure the Product thereafter against such risks as the Company reasonably requires, until title is passed to the Customer.
3.2.ZONE will not accept return of goods unless prior written approval has been given by ZONE in relation to the same. Where such goods maybe subject to a 15% restocking charge together with the cost of freight which shall be at the expense of the Customer. No such returns can be accepted unless the invoice number is quoted prior to such return.
4.Retention of Title
4.1.Title of the goods shall not pass to the Customer until and unless all monies due and payable by the Customer to ZONE have been paid in full.
4.2.Until such time as the product has been paid in full and all other debts discharged by the Customer, the Customer must store the products at the customers risk, in such a manner that they are readily distinguishable from other products owned by the Customer or other persons, and are clearly shown to be the property of ZONE.
4.3.The Customer may sell the products in ordinary course of it’s business and the proceeds of such sales must be held in a separate manner otherwise clearly identified in the books and records of the Customer.
4.4.The Customer shall permit ZONE to inspect products, and records and books of the Customer to the extent that they relate to ZONE.
4.5.In the Event that:
a)the products are not paid for in full within these terms and conditions of sale or any other agreement between ZONE and the Customer, or
b)the Customer receives notice of or reasonably believes that a third person may attempt to levy execution against the products or,
c)the Customer makes or proposes to make an arrangement with it’s creditors, or is placed under official management, or a petition is presented, or an application filed for the winding up of the Customer, or the Customer ceases to trade, or the Customer (being a natural person) commits an act of bankruptcy,
then ZONE may at any time, without notice enter any premises owned or occupied by the Customer where ZONE believes the products may be stored, and repossess the Products without being liable for any damage caused, and subsequently dispose of the Products at its discretion to cover the cost. In event that monies are recovered in full, the Customer ceases to be liable to ZONE for payment of the products. In the event that the monies are not fully recovered the Customer will be liable for the shortfall.
5.Deliveries/Pickups
5.1.the customer shall at their own expense, arrange collection of products from ZONE at ZONE’s premises. As an alternative ZONE at it’s sole discretion may make a physical delivery of the Products to the Customer or the Customer’s business address, delivery being at the Customer’s cost. The Customer shall be deemed to assume and shall be liable for loss or damage to the Products from the time they are placed into the vehicle to transport them from ZONE’s premises.
5.2.every reasonable effort will be made by ZONE to make delivery of the products on the dates requested by the Customer (if any). However, if ZONE by any reason or circumstance including ZONE negligence or breach of duty fails to deliver any Products, ZONE shall not be held liable to the Customer for any loss or damage the Customer may suffer.
6.Warranty Returns
The Customer must obtain a Return Authority (RA) number from ZONE and clearly mark the goods with same RA number
a)Zone Warranty and serial numbers must be clearly attached as their removal voids warranty.
b)Unauthorised repair or upgrade voids warranty
c)Products returned for repair remain the property of the Customer. These products will be processed by the relevant manufacturer or agent as soon as possible
d)Products deemed to be non-functioning on receipt by the Customer must be received by ZONE within seven days of invoice date. Products not received by ZONE within seven days remain the liability of the Customer.
e)ZONE will not be liable for any loss, whether material or not of such goods.
7.Applicable Law
The Customer hereby consents to the jurisdiction of the relevant New South Wales and Federal Laws for all actions which may be instituted against it for recovery of any amounts owing to ZONE.
8.Provision of Credit
The provision of credit/or the continued provision by ZONE to the Customer from time to time, shall be in the absolute discretion of ZONE.
a)ZONE may at it’s absolute discretion extend credit to the Customer or;
b)May at any time vary or cancel the credit facility available to the Customer
c)Extend and/or continue to extend credit to the Customer subject to the provision of security in a form acceptable to ZONE.
9.Waiver
No relaxation or indulgence granted by ZONE to the Customer shall be deemed as a waiver of any rights of ZONE in terms of this agreement as such a relaxation or indulgence shall not be deemed a novation of any terms and conditions of this agreement.
10.Severability
In the event that any part of these terms and conditions shall be deemed invalid, unlawful or unenforceable to any extent such terms or conditions shall be served from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.