Terms & Contidtions of Sale
The Evic Group (ACN 002 525 297)
1.1 These Terms apply to all products supplied by the Evic Group and the Paintdirect Catalogue.
1.2 These Terms prevail over any other terms given to a customer of the Evic Group (which includes Evic Paint & Colour Technology, Campbells Paints, Paintdirect accessories and Evic Paintshop).
1.3 If any part of these Terms is unenforceable at law, that provision will be deemed to be modified to the extent needed to make it enforceable. If not, the remainder of these Terms shall remain in force.
2.1 The prices of goods as shown on the Evic Group’s quotations or related documents, including but not limited to pricelists, brochures and catalogues, are exclusive of GST and freight unless otherwise stated.
2.2 Pricelists for the Evic Group’s retail products (including paint and accessories) sold from the Evic Paintshop retail store are inclusive of GST.
2.3 Prices for Paintdirect Catalogue products are subject to the individual supplier/manufacturer’s terms, prices and supply arrangements.
2.4 The Evic Group shall have no responsibility under any circumstances should these terms, prices and supply arrangements change.
2.5 Other than for prior approval of the Evic Group Credit Application Scheme payment is due at a date of invoice. Payment may be made in cash, cheque, specified credit card or direct bank debit only.
2.6 While the Evic Group will normally give one month’s written notice of price changes to Account Customers, this cannot be guaranteed in all situations and the Evic Group reserves the right to vary it’s prices without notice.
2.7 On orders pursuant to approved Evic Group Credit Applications, interest may be charged on overdue amounts, not exceeding 15% per month.
3.1 On orders of $125 or below (excl. GST), freight will be charged at $20 (excl. GST) when delivery is within the recognised direct freight areas in New South Wales, Victoria and southern Queensland (Noosa Heads and below). Other areas will incur freight charges on all orders regardless of value.
3.2 The Evic Group reserves the right to use its nominated carrier at established rates at time of invoicing for all other areas unless previously quoted in writing.
3.3 Certain Paintdirect catalogue items incur a specific freight charge.
3.4 Orders received before 3pm Monday to Friday where possible shall be despatched on “overnight transport” for delivery to areas stated in 3.1. This does not constitute or imply a guarantee by the Evic Group of next working day delivery.
3.5 The Evic Group will use its best endeavours to dispatch or deliver within the stated times, but will not be responsible for:
(a) Any loss or damage sustained by reason of any delay in delivery;
(b) Product out of stock or temporarily unavailable;
(c) Delays because the specified correctness of a particular colour could not be achieved within the time allowed, or because of insufficient colour information or sample(s).
3.6 The acceptance of delivery by its nominated carrier shall constitute a delivery by the Evic Group to the Customer.
3.7 The Evic Group reserves the right to refuse or cancel an order relating to goods which in its opinion may be impractical or uneconomical to produce or supply.
3.8 The Customer accepts that once an order is placed it cannot be modified or cancelled by the Customer without the prior written approval of the Evic Group, and payment for part of the product already packaged at that time may be made a condition of such consent.
4.1 It is the responsibility of the Customer to ensure their chosen colour is correct before use or application.
4.2 The Evic Group will not accept any liability or obligation for incorrect colours after application (it is recommended the Customer read Evic’s “Guide to Colour”).
4.3 The Customer accepts:
(a) For new colour matches, the proximity of the match is dependent on the quality of the item to be matched, where the product is to be used and other factors including durability and opacity;
(b) Repeat colours will not necessarily be identical for reasons beyond the control of the Evic Group.
5.1 The Evic Group warrants that all goods sold are free from defects in material and workmanship at the date of despatch.
5.2 To the extent permissible by law, the Evic Group excludes all representations or warranties not set out in these Terms, including those implied by law.
5.3 The Evic Group shall accept no responsibility where the use of a product has continued by the Customer beyond the stage where it became reasonably apparent that the product contained a defect.
5.4 To the extent permissible by law, the Evic Group’s liability for breach of any warranty (either in these Terms or at law) is limited, at the option of the Evic Group to either:
(a) The replacement of the relevant goods; or
(b) The refund of the cost of the relevant goods.
5.5 Paintdirect Catalogue products shall be subject to the warranties and specifications provided by the individual supplier/manufacturer’s Terms and the Customer releases the Evic Group, to the extent permissible by law, of all or any liability relating to the use and application of those products.
6.1 If the Evic Group misinterprets a Customer’s order, the Customer may return the goods for a full replacement (including freight where appropriate) provided that:
(a) The Evic Group is notified within 14 days of delivery; and
(b) Provided the product has not been applied beyond the stage when it was reasonably apparent that the product was different from that ordered.
6.2 The Evic Group may accept the return of product for credit within 30 days of invoice if unused and in original condition subject only to deduction of freight charges and repacking fees as appropriate at the sole option of the Evic Group.
6.3 The Evic Group will replace or give credit for defective goods provided the following procedure is followed:
(a) The customer must lodge a written claim with the Evic Group within seven days after delivery;
(b) The claim must specifically identify the defect and be accocmpanied by a sample of the defective goods;
(c) On approval, the Evic Group shall issue the appropriate authority to be attached to the goods when returned;
(d) The cost of freight for the return of the goods (unless authorised by the Evic Group) shall always remain with the Customer.
6.4 Under no circumstance shall the Evic Group have any responsibility to accept for return or credit:
(a) Coloured paint and non stock items (such as colours or products purchased especially at the Customer’s request);
(b) Products which in the reasonable opinion of the Evic Group are past their use-by-date, no longer a current stock line or which are in unsaleable condition.
7.1 The products supplied by the Evic Group are specialised industrial finishes which should only be used by experienced or competent tradespeople specifically in accordance with the manufacturer’s specifications, product data and application sheets.
7.2 No liability shall be accepted for loss due to improper application, incorrect mixing or any other failure to follow the labelling or directions supplied with the product.
8.1 The risk in the goods shall pass to the Customer immediately upon delivery of the goods; ownership of the goods shall not pass to the Customer until full payment has been made to the Evic Group.
8.2 Until full payment is made to the Evic Group:
(a) The goods shall be held by the Customer as bailee of the Evic Group;
(b) If directed by the Evic Group, the Customer shall store those products in such a way that it is clear they are the property of the Evic Group and shall not relabel or otherwise make it unclear that the goods are the property of the Evic Group;
(c) The Evic Group, its agents and employees may without notice enter any property occupied by the Customer to identify and remove those goods;
(d) If the goods have been resold, the Customer must account to the Evic Group for the proceeds of such resale.
8.3 In the reasonable exercise of its rights under this clause the Evic Group shall have no liability to the Customer or any other person.
Updated by The Evic Group on 21/07/08
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