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Terms and Conditions of Sales
 

DEFINITIONS

In these terms and conditions:

  • Alanco means Alanco Australia Pty Ltd.
  • ACL means the Australian Consumer Law contained in schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended, re-enacted or replaced, and includes any subordinate legislation.
     
  • Financing statement, financing change statement, security agreement and security interest have the meanings given to those terms by the PPSA.
     
  • Goods means the products sold by Alanco to You pursuant to these terms and conditions.
     
  • Handling Fee means the fee chargeable by Alanco to You for return of Goods under clause 8 which is equal to 10% of the value of the Goods returned.
     
  • PPS Register means the Personal Property Securities Register established under the PPSA.
     
  • PPSA means the Personal Property Securities Act 2009 (Cth) as amended, re-enacted or replaced, and includes any related subordinate legislation.
     
  • You, and Your means the person or entity that is purchasing of the Goods from Alanco or any employee, agent or representative of that person or entity.

ACCEPTANCE

  1. Any instructions received by Alanco from You for the supply of Goods and/or Your acceptance of Goods supplied by Alanco shall constitute acceptance of these terms and conditions.
     
  2. Upon acceptance of these terms and conditions by You, the terms and conditions are irrevocable and can only be amended in accordance with these terms and conditions with written consent of Alanco.
     
  3. None of Alanco’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of Alanco in writing, nor is Alanco bound by any unauthorised statements.

PRICE

  1. Unless otherwise provided on the form of quotation, invoice, or delivery slip, the price stated on those documents is exclusive of GST which shall be in addition to the stated price and payable at the same time as the stated price.
     
  2. All prices of Goods given in any brochures, letters, price list, data sheets or other documents of Alanco or provided by Alanco are exclusive of GST and subject to change without notice.
     
  3. Alanco reserves the right to charge the Goods to You at that price charged by Alanco as at the date of delivery.

TERMS OF PAYMENT

  1. Our terms are strictly as outlined in the credit account application.
     
  2. Unless Alanco has agreed to provide credit to You or has agreed in writing to any other payment method (which Alanco may do in its sole discretion), payment shall be made by cleared funds on or before delivery of the Goods to You. Payment shall not be deemed to have been made until Alanco has received cleared funds.
     
  3. All payments must be made free of any set-off or counter claim and without deduction or withholding whatsoever.
     
  4. Notwithstanding that Alanco has agreed to provide and/or provided credit to You, Alanco, in its absolute discretion, may discontinue or suspend credit to You and require payment before delivery.
     
  5. Subject to the other provisions in these terms and conditions and subject to express contrary agreement made with You and recorded on the delivery docket and invoice, where Alanco has agreed to provide credit to You, payment of any monies owed to Alanco pursuant to that credit arrangement shall be made 30 days from date of invoice.
     
  6. Alanco reserves the right to charge a fee on any payment that attracts a transaction fee for Alanco.

ACCOUNTS

  1. Any outstanding amounts will incur interest charged at 9% per annum from the date that payment was due until payment is received in full.

ORDER CANCELLATIONS

  1. Any special build or non stock line orders may not be cancelled 48 hours after the order has been placed with Alanco unless Alanco, in its sole discretion, otherwise agrees in writing.
     
  2. Alanco recommends that You obtain a deposit/confirmed trade order adequate enough to cover Your costs for any special build or non stock line items.

RETURNS

  1. Unless otherwise required by the ACL or other binding legislation, Alanco may at its discretion accept for credit, return of Goods subject to this clause and provided that:
    • the Goods are returned to Alanco within 14 days from the date of delivery; and
       
    • the Goods have not been damaged in any way by the Customer; and
       
    • the Goods have not been used and the Goods and/or the packaging of the Goods has not been handled, damaged or interfered with to an extent inconsistent with a, reasonable examination by You; and
       
    • the Goods being returned are accompanied by the authorisation number issued by Alanco as no goods will be accepted for return without the authorisation number issued by Alanco; and
       
    • the Goods have not been ordered or manufactured specifically by Alanco for You or items which are Alanco non stock lines; and
       
    • where the Goods are marked with an expiry date, the Goods are returned at least three months prior to that expiry date.
       
    • The price of Goods that are returned by You and accepted by Alanco shall be credited by Alanco to Your account with Alanco or to You if no account exists.
       
    • The cost of re-delivery of Goods returned to Alanco, including the Handling Fee, must be paid by You before Alanco will accept the return of the Goods.
       
    • Alanco may, in its sole discretion, charge a restocking fee when Goods are returned by You under the provisions of this clause.

FREIGHT GUIDELINES

  1. You must advise the preferred shipping method and carrier with each order placed, or by standing arrangement.
     
  2. Goods signed for and dispatched from Alanco become Your sole responsibility from the time that those Goods leave Alanco’s premises, notwithstanding that title in the Goods may not have passed to You. It is Your obligation to effect full insurance upon the Goods for such time as the goods are at Your risk. Alanco shall not be responsible for loss of, damage to, or destruction of, Goods during transit or otherwise whilst the Goods are at Your risk.
     
  3. Freight dispatched from Alanco is subject to the terms and conditions of transit of the carrier.
     
  4. Alanco may, at its discretion, engage carriers on Your behalf to despatch Goods to You. The freight cost at the quoted rate, will then be billed to You via invoice with the Goods. This does not amend or override any other terms and conditions.
     
  5. In the event that Goods are lost or damaged in transit, You must follow Alanco’s Freight Policy published on Alanco’s website, Freight Policy.

RETENTION OF TITLE

  1. The title of all Goods supplied by Alanco remains with Alanco until payment for the Goods is received in full from You.
     
  2. All Goods supplied by Alanco must be kept separate from other goods received by You and marked as owned by “Alanco” until payment is made in full.
     
  3. Any monies received for the sale of these Goods must be held for the benefit of Alanco and paid to Alanco until the Goods are paid for in full.
     
  4. If You fail to pay any amounts owing to Alanco, Alanco or its authorised agent may enter the premises where the Goods are located and seize those Goods and sell them to recover the amount of the debt still owing.
     
  5. For the avoidance of doubt where payment is made by cheque, the payment shall be deemed not to have been made until the cheque has been honoured upon presentation.

SECURITY AND CHARGE

  1. You charge in favour of Alanco all of your estate and interest in any real or personal property that You own at present and in the future with the amount of its indebtedness under these terms and conditions until discharged.
     
  2. You appoint Alanco as Your duly constituted attorney from time to time to:
  • do such acts; and
     
  • execute in Your name such documents as Alanco may choose to lodge against any property owned by You,

Which in the opinion of Alanco (acting reasonably) are necessary to give effect to any right, power or remedy conferred on Alanco by these terms and conditions or the PPSA and to give effect to the matters contemplated by these terms and conditions, even though You may not have defaulted in carrying out Your obligations under these terms and conditions.

PERSONAL PROPERTY SECURITIES

You acknowledge and agree that these terms and conditions:

  1. constitute a security agreement for the purposes of the PPSA; and
     
  2. create a security interest in:
    1. all Goods previously supplied by Alanco to You (if any);
       
    2. all Goods that will be supplied in the future by Alanco to You;
       
    3. the proceeds of sale of all Goods (whether already supplied or to be supplied) by You; and
       
    4. all present and after acquired personal property of Yours,

to secure payment of all monies (including but not limited to the price payable for the Goods and any interest) owing by You to Alanco from time to time under these terms and conditions and under any other agreement or arrangement between You and Alanco.

You undertake to:

  1. correct a defect in a statement referred to in clauses ,  or ;
    1. register any other document required to be registered under the PPSA; or
       
    2. register any document on any register reasonably necessary to secure Alanco’s interest under these terms and conditions;
       
    3. register a financing statement or financing change statement in relation to a security interest on the PPS Register and otherwise do all things necessary and required by Alanco to ensure that any security interest registered by the Supplier is a perfected security interest under the PPSA;
       
    4. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Alanco may reasonably require to:
       
  2. indemnify, and upon demand reimburse, Alanco for all expenses incurred in registering a financing statement or financing change statement on the PPS Register or releasing any Goods that are the subject of a security interest;
     
  3. not make an amendment demand in respect of a security interest, apply to the Registrar to register a financing change statement in respect of a security interest, without the prior written consent of Alanco; and
     
  4. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of Alanco; and
     
  5. immediately advise Alanco of any material change in its business practices of selling the Goods which may result in a change in the use of the Goods by You or in the nature of proceeds derived from the sale of the Goods.
     

You and Alanco agree that sections 96 and 125 of the PPSA do not apply to the security interest created by these terms and conditions.

You hereby waive Your rights to receive notices, information or statements (as the case may be) under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA and its rights as a grantor and/or a customer under sections 142 and 143 of the PPSA.

Unless otherwise agreed to in writing by Alanco, You waive Your right to receive a verification statement in accordance with section 157 of the PPSA.

You unconditionally ratify any actions taken by Alanco under clauses  to .

The provisions of this clause  will survive termination of these terms and conditions or any other agreement between Alanco and You for the sale of Goods, for whatever reason.

ERRORS AND OMISSIONS

  1. Whilst every care has been taken to ensure that accuracy of Alanco’s price list, brochures, letters, price-lists, data sheets, website or other documents, no liability will be accepted for any errors, omissions or inaccuracies that may occur, errors and omissions excepted.
     
  2. All prices are subject to change without notice.

WARRANTY AND CONSUMER GUARANTEES

For all Customers

  1. Goods distributed by Alanco are designed for specialised use as described by the manufacturer. This information can be obtained directly from the manufacturer or via Alanco by request. All Goods must be installed by suitably qualified person/s. Goods installed outside the limits of the manufacturers specifications will void warranty. 
     
  2. This warranty is in addition to other rights and remedies of a consumer under a law in relation to the goods and services to which the warranty relates.

For Consumers

Alanco’s warranties come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. 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.

Process for claiming warranty

  1. Any items considered to be defective or incorrect should be returned to Alanco for inspection within 7 days of receipt.
     
  2. All claims must be accompanied by the original sales receipt.

Repair or replacement

  1. Where any failure occurs that is not a major failure pursuant to the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) this warranty covers only the cost of repair or replacement of the product or part thereof, the decision of which remains solely at the discretion of Alanco.
     
  2. This warranty does not cover the cost of removal, installation, or any transport.
     
  3. Further, damage or defects caused by collision, alteration, improper installation, road hazards, adverse conditions or usage for any other purpose other than normal private usage are not covered by this warranty. This warranty is in lieu of all other warranties expressed or implied but does not exclude the guarantees available to consumers pursuant to the Australian Consumer Law located in Schedule 2 of the Competition and Consumer Act 2010 (Cth) for eligible customers.

INTELLECTUAL PROPERTY

  1. Where Alanco has designed or drawn Goods for You, then the copyright and other intellectual property rights in those designs and drawings shall remain vested in Alanco, and shall only be used by You for the purpose as agreed with Alanco.
     
  2. Where any designs or specifications have been supplied by You for manufacture by or to the order of Alanco then You warrant that the use of those designs or specifications for the manufacture, proceeding, assembly or supply of the Goods shall not infringe the rights of any third party.
     
  3. You indemnify Alanco against any action, losses, costs or claims arising from an infringement of any third party intellectual property rights from the use of any designs or specifications provided by You.

DISCLAIMER

  1. Goods are required to be used within the specifications of the manufacturer. Alanco takes no responsibility in ensuring the proper use of the manufacturer’s product.
     
  2. Alanco reserves the right to modify product designs and or specifications without notice.
     
  3. The information contained in the documents on this site should be considered as a guide only and Alanco will not be liable for any loss or damage suffered or claim made where the Goods have not been used in accordance with the manufacturer's specifications.
     
  4. The contents of Alanco’s price list, brochures, letters, price-lists, data sheets, website or other documents are subject to change without notice at the sole discretion of Alanco.
     
  5. With the exception of products or goods covered by consumer guarantees as mandated by the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) any goods distributed by Alanco, but not manufactured by Alanco will be limited to the product manufacturer's specific warranties.
     
  6. Certain products and goods and their relevant trademarks depicted on this site have been protected under trademark, design and patent legislation. Any infringements of product trademark, design or patent will be acted upon.

GENERAL

Alanco reserves the right to review these terms and conditions at any time from time to time. If, following any such review, there is to be any change, it will take effect from the date on which Alanco notifies You of such change.

PRIVACY ACT 1988

  1. You authorise Alanco to obtain from a credit-reporting agency a credit report containing personal credit information about You in relation to credit provided by Alanco.
     
  2. You authorise Alanco to exchange information about You with credit providers named in any credit application with Alanco and credit providers that may be named in a consumer credit report issued by a reporting agency for the following purposes:
    1. to assess this credit application by You;
       
    2. to notify other credit providers of a default by You;
       
    3. to exchange information with other credit providers as to the status of Your credit account, where You are in default with other credit providers; and
       
    4. to assess the Your credit worthiness.
       
  3. Alanco may give personal or commercial information about You to a credit reporting agency for the following purpose:
    1. to obtain a consumer credit report about You; and/or
       
    2. allow the credit reporting agency to create or maintain a credit information file containing information about You.

 

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