PULSET TERMS & CONDITIONS OF SALE
I /we the company Director(s)/Partner(s)/Proprietor/Individual acknowledge that should an account or sale be granted to the Company/Partnership/Business/Individual (the Debtor/Purchaser/Customer) then the following conditions apply:-
- The reference to the Purchaser in these terms and conditions means the Purchaser or Customer, his/her employees and any person appearing to have the authority of the Purchaser. Pulset Pty Ltd can also be referred to as the Supplier or Pulset.
- The Purchaser agrees that the payments to Pulset Pty Ltd will be made according to the credit terms offered to them by Pulset. COD (Cash on Delivery) Customers must ensure all purchasers be paid for in full before delivery of goods. Customer’s who have an approved Credit Account must make payment within 30 days from the end of month of the invoice date and if at any time moneys are overdue, the whole debt then becomes due and Pulset Pty Ltd shall be at liberty to sue for the recovery of the whole debt. The Purchaser will be liable for all costs incurred by Pulset Pty Ltd in recovering the debt. Pulset reserves the right to refuse any Credit Cards for payment of any invoices owing by Approved Credit Account Customers.
- All amounts not paid by the Purchaser within their set credit terms shall bare interest at a rate being the equivalent to the amount allowed by the supreme court of New South Wales in respect of judgement debts as at the date of such invoice.
- In the event of the Supplier’s written demand for payment remaining outstanding for a period of seven (7) days from the date of the demand, the Purchaser irrevocably authorises the Supplier or their representative to enter any premises where the goods, or any of them, are situated, or where the Supplier reasonably believes the goods, or any of them, are situated, and to take possession of and remove those goods without incurring any liability whatsoever.
- Where a Credit Account has been approved and offered to the Purchaser, the Purchaser agrees to abide by the current Terms & Conditions of Sale. The Purchaser must ensure that all payments are made within the credit account terms. Where a credit limit has been offered the Purchaser must keep all orders within the credit limit amount. If at any time the Purchaser is over the credit limit offered they must make payment to the Supplier for the amount which brings the Purchaser’s account back to its specified limit. If the Purchaser wishes to increase their specified credit limit, then a signed letter by all Director(s)/Partner(s)/Proprietor/Individual must be given to Pulset requesting the credit limit increase with the new amount clearly advised. It is the discretion of Pulset as to whether this credit account increase request is offered and approved. If it is not approved by Pulset, then the original credit limit which has been set remains. If the Purchaser does not abide by Pulset’s terms and conditions of the sale then Pulset reserves the right to change the credit limit originally offered to the Purchaser or/as well as discontinue the Credit Account, which means the Purchaser must then be classed as a COD (cash on delivery) Customer.
- Pulset offers warranty on manufacturing & material faults on its Pulset branded products for a period of one (1) year from the purchase date which appears on the sales tax invoice. Pulset Pty Ltd will not be liable to and will be indemnified by the Purchaser or any third party for any damage or claim which arises out of any defects whatsoever caused by goods delivered by Pulset to the Purchaser. Subject to the clauses contained in the Competition and Consumer Act 2010 Pulset’s liability in regards to manufacturing defects shall be limited in the case of goods, to any one of the following as Pulset Pty Ltd in its sole discretion may determine:
- the replacement of the goods or the supply of equivalent goods; or
- the repair of the goods; or
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment for having the goods repaired
Pulset will not be liable for any additional costs associated with the faulty item(s) including but not restricted to the removal and the return of the faulty product as well as the re-installation of the replacement item(s). This will be the responsibility of the Purchaser.
The warranty does not apply to normal wear and tear, or any damage caused by incorrect or unauthorized installation, incorrect or unauthorized service or repair of the product, lack of care, abnormal use of the product, or damage caused by water, fire or any other natural disasters. Proof of purchase must be shown before applying for a warranty claim. Pulset reserves the right to have warranty claims confirmed for fault or defect before a warranty claim can be approved.
- Pulset Pty Ltd will not be liable in any manner what so ever for delay in delivery or non delivery which is attributed to transport delays,
unavailability of materials, lockouts, shortages of vehicles or any other cause that may delay or cancel delivery. Quoted Delivery &
Consignment dates are estimates only. A delivery (freight) & handling charge will be applied to all deliveries. All freight & delivery costs are subject to GST. Where the Purchaser requests Pulset to use the Purchaser’s Courier account, then this implies that Pulset has full authority to book and have the Purchaser’s orders dispatched for delivery using the Purchaser’s Courier and that all costs incurred by the Purchaser from the Courier will be paid by the Purchaser. - If at the request of the Purchaser a delivery vehicle in the service of Pulset Pty Ltd enters a delivery site the Purchaser will indemnify Pulset Pty Ltd against all claims from any person which may arise from entry onto the delivery site.
- The prices quoted are subject to acceptance by the Customer for the Goods as set out in the quotation or other such documents given by Pulset. The Customer accepts the quotation and/or the price quoted in this agreement and all the terms and conditions on the commencement of delivery by Pulset. All Quotation remains valid for seven days commencing from the date shown on the quotation. An acceptance received by Pulset after a period of 7 days from the said date is subject to the right of Pulset to alter the terms offered, including a revision of the price quotation.
- All prices are correct at the time of publication, & subject to change without notice. Prices do not include GST. This will be added to the invoice and the amount will be in accordance with the Tax Act.
- The ownership of all goods delivered or sold by Pulset Pty Ltd to the Purchaser remain the property of Pulset Pty Ltd until payment in full for all the goods delivered to the Purchaser has been received by Pulset Pty Ltd, but the risk in the goods shall pass to the Customer upon delivery to the Customer’s delivery site. It is the Customer’s responsibility to insure the goods.
- Pulset Pty Ltd reserves the right to accept or decline any order or part of an order. Pulset requires all orders to be in writing, with a purchase order number quoted.
- Unless otherwise requested, any goods ordered which are not in stock will be placed on backorder. Backorders will be supplied at the original purchase price.
- In the event that the Purchaser chooses to return goods purchased from Pulset, no goods will be returned unless:-
* Prior authorisation has been given by Pulset Pty Ltd
* The correct invoice number has been quoted on the Purchasers return form.
* Returns are made within 7 Days after receipt of goods by the purchaser. At our discretion, if we accept the returns after this time a re-stocking fee of 20% may be charged.
* Reason for return is clearly stated on Purchaser’s return form.
* No credit will be given on faulty goods until the fault has been confirmed by Pulset.
* If goods are being returned for any reason other than fault then all goods returned must be in their original packaging & shall not be soiled, damaged or obsolete as such goods will be rejected or credited at a reduced price.
* The cost of freight in returning goods will be the responsibility of the Purchaser.
- Where goods are returned in accordance with section number 14. Only a credit note is issued. No cash refund will be given. Credit Notes or Credit Adjustments are valid for a period of one (1) year after the issue date on the Adjustment note.
- Pulset Pty Ltd shall not be liable to the Customer for any false or misleading information given to the Customer, or any damage caused by the
negligence of the company’s employees or agents. - The Purchaser may only be classed as a Distributor & therefore be given Distributor pricing at the discretion of Pulset. The Distributor must meet a specified sales amount (given by Pulset and subject to change at any time) in order to continue on the Distributor pricing level. If this is not fulfilled by the Purchaser, then Pulset may place the Purchaser on a different pricing structure.
- All goods purchased are covered by the Building and Construction Industry Security of Payment Act.
- All print media and electronic media including but not restricted to Illustrations, Photos, Packaging, brochures and websites are only representations of the products listed, variations may occur from store to store. All products were available at the time of printing or uploading. Pulset will not be responsible for the lack of stock of its items. Pulset reserves the right to limit purchases to normal retail quantities. VIP club pricing is only available to Pulset VIP Club members upon presentation of the club card.
- These terms & conditions may be updated without notice. Copies of the terms & conditions will be available for viewing upon request. These terms & conditions herein override any other terms & conditions and/or contracts and/or specifications, unless otherwise approved & given in writing by Pulset Pty Ltd.