Terms and Conditions of Sale
ARISIT PTY LTD (Aust)
1.1. This agreement is made between ARISIT and the Customer for the purpose of the product/s specified in the Order (Agreement) if and when ARISIT issues an Order Confirmation to the Customer in respect of that order.
1.2. The Agreement comprises the Order, the Order Confirmation, acceptance of the Terms and Conditions and any other Additional Terms.
1.3. A 15% Cancellation fee applies to outstanding orders cancelled.
2.1 The Price payable by the Customer to ARISIT for the Product/s or services is the price specified in the Order Con-firmation.
3.1. Steel Display Stock, Trade Seconds and any Further Special Discounts are not eligible for a Promotional Period. Unless Otherwise Specified.
3.2. This Offer is only available for Private/Domestic/Household Purchases and does not apply to Commercial/Project Sales.
4.1 Full Payment of the Price is required prior to delivery of the Product/s. 4.2 All orders that are placed within 7 days or less of delivery date must be paid in full on the day of order.
4.3 Full payment of the balance of the product is required prior to the delivery being made.
i) Stock can be stored at ARISIT PTY LTD for a period of up to 180 days
ii) Failure to collect goods after the 180 days from the order placement date, ARISIT PTY LTD may cancel the order and charge a 15% cancellation fee of the total amount of the product purchased.
iii) Products that are indent orders (custom orders which include non-standard colours, trims or configuration), incur a 30% cancellation fee when failing to collect goods within 180 days from the order purchased.
iv) Display stock is to be paid in full within 14 days of sale. Goods are not to be taken by customer prior to payment in full.
5.1 Subject to clause 5.2 ARISIT will deliver the Product/s to the delivery location specified in the Order.
5.2 ARISIT is not required to deliver the Product/s in accordance with clause 4.1 if the customer location to which the Product/s are to be delivered is outside a city metropolitan area, or an agreed area as specified by ARISIT. ARISIT may instead notify the Customer of the location at which the Product/s are available for collection.
5.3 Subject to clause 5.4 the delivery date will be the date mutually agreed to between the customer and Arisit.
5.4 ARISIT will use reasonable commercial endeavours to deliver the Product/s on the Delivery Date.
5.5 If the model of the Product/s is discontinued or superseded and not available for delivery on the Delivery Date, ARISIT will notify the Customer prior to the Delivery Date that:
(a) There is no equivalent model available and this Agreement is therefore terminated with immediate effect. Any amounts previously paid for this Agreement will be refunded.
5.6 ARISIT will deliver the Product/s at the time arranged by ARISIT and the Customer for such delivery (nominated delivery time). In the event that the Customer is not present to accept delivery of the Product/s on the nominated de-livery date, the Customer will be liable to pay ARISIT a fee to re-deliver the Product/s at a new nominated Delivery Date. This re-delivery fee is payable by the Customer prior to ARISIT re-delivering the Product/s at the new nominated delivery date.
5.7 Subject to clause 5 and applicable consumer protection legislation, if the Customer accepts delivery of the Product/s (or collects the Product/s in accordance with clause 5.2) and subsequently changes their mind about the Product/s the subject of the Order (including where the Customer orders the incorrect Product), ARISIT may, at its discretion and upon request by the Customer, agree to:
(a) accept return of the relevant Product/s from the Customer; and
(b) provide replacement Product/s to the Customer.
In these circumstances, the Customer must pay:
(i) any difference between the Price of the relevant Product/s being returned and the Price of the relevant re-placement product/s; and
(ii) a re-stock fee of 15% of the Price of the relevant Product/s to be returned.
The customer acknowledges that this restocking fee represents the costs incurred by ARISIT in accepting and repackag-ing the Product/s for sale. ARISIT will not impose the re-stocking fee where the Customer is not at fault.
5.8 If ARISIT is unable to contact the Customer after making reasonable attempts to arrange delivery or collection of the Product/s, ARISIT may give the Customer 30 days’ notice of termination of this Agreement. If the Customer fails to take delivery or collect the Product/s within this notice period, this Agreement (including any Order) is terminated upon expiry of that period. Charges based on clause 5.7 (b) (ii) may apply.
5.9 Delivery is conducted only to ground floor location (no stairs). In case of an apartment location, lift access is re-quired. Additional delivery charges may be incurred if the residence is outside standard delivery conditions.
Charges are to be negotiated between Arisit and the customer.
5.10 Standard deliver conditions consist of delivery to customers house with drop point as close to the house as possi-ble. Any hindrance to drop point may result in additional charges or in some cases it will become the customers re-sponsibility to transfer the unit from the most accessible point. Hindrances may include but not limited to stairs, exces-sive slopes, obstructions or limited access (doorways, road and property access etc).
6. OWNERSHIP AND RISK
6.1 ARISIT remains the owner of the Product/s until the Price is paid in full to ARISIT and the Product/s have been de-livered to the Customer.
7.1. Warranties as to the merchantability and fitness for purpose of the Product/s are implied under consumer protec-tion legislation. In addition, ARISIT warrants that the Product/s will be free from defects in material and workmanship for a period of 3 years from the date of purchase. This will not cover standard wear and tear parts such as knobs, wheels, batteries, ceramic tiles etc. (BBQ range)
7.2 To the extent permitted by law, should ARISIT be liable for breach of a condition or warranty implied by current consumer law, our liability for the breach will be limited to one of the following as determined by us:
(a) the replacement or repair of the Goods or the supply of equivalent goods; or
(b) the payment of the cost of replacing or repairing the Goods or acquiring equivalent Goods.
7.3 The above warranties do not replace any of the customers consumer rights based on prevalent laws.
8.1. ARISIT will collect and deal with the Customer’s personal information (including name, address, telephone contact or personal details) only in accordance with ARISIT’s Privacy Charter. A copy of the Privacy Charter is available from ARISIT.
8.2 ARISIT may disclose personal information to its related companies and to organizations which provide services (including delivery services) to ARISIT or which may assist ARISIT in providing services (including repair and warranty services) to Customers.
9. Governing Law
9.1. This Agreement is governed by and construed in accordance with the laws of the State of Victoria, Australia and the Parties irrevocably submit to the exclusive jurisdiction of the courts of or in that State.
10.1 ARISIT may at any time revise these Terms and Conditions by updating this posting. Any changes to our Terms and Conditions will be published on www.arisit.com, or may be obtained from ARISIT.