Terms & Conditions
PARKSUN Pty Ltd - General Terms and Conditions of Sale
In these terms and conditions PARKSUN Pty Ltd is referred to as “PARKSUN” and the purchaser of the goods is referred to as “the Buyer”.
1. Any order placed by the Buyer is deemed to be an order incorporating these Terms and Conditions notwithstanding any inconsistencies, which may be introduced in the Buyer’s order or acceptance unless expressly agreed to by PARKSUN, in writing.
2. The property of the goods remains with PARKSUN until full payment for the goods has been received. If the goods are first to be manufactured or assembled by PARKSUN it is agreed that when completed and before delivery they shall be then appropriated to the contract. PARKSUN has the right of reselling any goods over which it has retained title, and which the Buyer has not paid for.
3. The terms of payment are strictly 14 days (or such other period as nominated by PARKSUN herein) from invoice date, based on customer credit approvals
4. If the Buyer makes default in any payment commits an act of bankruptcy or enters into voluntary liquidation, PARKSUN may at its option withhold further deliveries or cancel the contract without prejudice to their rights there under.
5. All prices quoted do not include GST and any such charge or similar charges will be for the account of the Buyer. The GST charged by PARKSUN is based on the tax believed by PARKSUN to be correct at the date of acceptance of the Buyer’s order (the initial charge). Should there be any variation required to the initial charge for any reason (including unintentional error) after the date of acceptance of the Buyer’s order, then the price of the goods and the amount payable by the Buyer shall be adjusted accordingly.
6. All prices are subject to variation without the notice to the Buyer in accordance with, amongst other things, PARKSUN’ prevailing prices at the time of delivery. Prices given are based on quantity ordered and for any variation in quantity PARKSUN reserves the right to adjust price in accordance. For imported items prices are based on the prevailing exchange and duty rates and the prevailing overseas freight and insurance rates at the time of acceptance of order and are subject to any variation (increase or decrease) in these at the date of payment by PARKSUN.
7. Any variation in prices from suppliers to PARKSUN will be passed on direct to the Buyer.
8. Any quotation made by PARKSUN shall not be constructed as an offer or obligation to sell and accordingly PARKSUN reserves the right to accept or reject at its discretion any orders that may be received by them.
9. There shall be no implied conditions or warranties relating to title, encumbrances, quality, fitness for purpose, correspondence with sample or description or any like matter except those implied by the provisions of the Trade Practices Act 1958 as amended or any similar enactment.
10. All goods are covered by their manufacturer’s warranty terms. Warranty does not cover misuse or normal wear and tear.
11. PARKSUN will extend to the customer any warranty received from the original manufacturer of the Goods so far as PARKSUN is permitted to do
so. In the case of non-conforming Goods, PARKSUN’s obligations will be limited to, at PARKSUN’s discretion and option:
refunding the price of the Goods;
replacing the particular Goods; or
otherwise correcting the non-conformance of any Goods for which written notice of non-conformance under any applicable warranty is received by PARKSUN within the applicable warranty period.
Non-conforming Goods must be returned to PARKSUN’s premises (or as PARKSUN otherwise directs) during normal business hours within 5 business days of PARKSUN receiving the notice referred to in point 3 above, at the customer’s sole risk and expense.
Where PARKSUN is required to repair Goods on-site, all travel, transport, accommodation and other such expenses incurred by PARKSUN will be to the customer’s account, unless such expenses are covered by any applicable warranty. The customer is responsible for the cost of freight, delivery and handling of the Goods, unless these costs are covered by any applicable warranty. Whilst all reasonable care is taken, PARKSUN will not be responsible for any loss or damage to Goods in transit.
This express warranty will not apply to Goods which PARKSUN determines at its absolute discretion have been subjected to misuse, improper installation, repair or alteration, neglect, normal wear and tear, accidental damage, or any other cause beyond PARKSUN’s reasonable control.
Product and Installation
12. PARKSUN accepts no liability for any advice on product suitability, application or performance. All advice should be verified by the customer and a product acceptance form completed.
13. PARKSUN shall take no liability where alternative products are used, and where asked to quote and/or supply these alternative products all liability remains with the Buyer to ascertain the suitability of the said product.
14. PARKSUN shall take no liability in relation to installation practices used by the Buyer or any agent thereof on any goods sold by PARKSUN.
15. So far as there shall be any breach of a condition or warranty so implied then the liability arising out of such breach shall be limited to the repair or replacement of the goods and all other liabilities are expressly excluded and particularly PARKSUN will not be liable for the payment of the cost of the Buyer of a third party investigating any defect in the goods or repairing or replacing the goods nor will PARKSUN be liable for any other loss of any nature whatsoever occasioned by the customer, its servants or agents or any other party howsoever arising.
16. Delivery of the goods shall take effect and be deemed to take effect upon the passing of physical custody of the goods from PARKSUN to the Buyer, its servants or agents. Any carrier of the goods shall be deemed an agent of the Buyer. If a Buyer unreasonably refuses to accept delivery of goods, then the buyer is immediately liable for the full price of goods.
17. The date of delivery specified is an estimate only. While PARKSUN will take all reasonable steps to meet that date no liability shall attach to PARKSUN for any damage whether direct or consequential suffered by the Buyer or any other by reason of the failure of PARKSUN to have available for delivery of goods by the date specified.
18. No claim will be recognized unless made to PARKSUN within seven days following receipt of goods and accompanied by delivery docket stating original invoice number, date of purchase and reason for return and be in original packaging. Non-standard items shall not be credited. Non-faulty items may be credited at the discretion of management and will attract a 20% restocking fee. These must also be in a good condition in original packaging and accompanied by original paperwork. Any surcharges and freight charges will not be credited. Inward freight, packing and delivery charges shall be paid by the Buyer.
19. Risk in the goods shall pass to the Buyer immediately upon the goods leaving the physical custody of PARKSUN.
Risk and title
20. Title in the Goods will only pass from PARKSUN to the customer upon receipt in full by PARKSUN of all amounts owing to PARKSUN by the customer. Until such time, the customer holds the Goods as bailee for PARKSUN.
PARKSUN reserves the following rights in relation to the Goods until all accounts and moneys owed by the customer to PARKSUN are paid to PARLSUN in full:
to enter the customer’s premises (or the premises of any associated company or agent) where PARKSUN reasonably believes the Goods to be located, without liability for trespass or any resulting damage and re-take possession of the Goods; and
to keep or re-sell the Goods repossessed pursuant to this clause.
The customer must insure all Goods that the customer holds as bailee for PARKSUN against damage and theft for an amount not less than the price paid by the customer for the Goods
If, prior to payment in full to PARLSUN, the customer re-sells the Goods, then the customer must hold such part of the proceeds of that sale as represents the invoice price of the Goods sold in a separate identifiable account as the beneficial property of PARKSUN. The customer will pay such amount to PARLSUN upon request.
Risk of loss or damage to the Goods passes from PARKSUN to the customer on the earliest of the following events:
the customer taking possession of the Goods; or
completion of the loading of the Goods onto a transportation vehicle provided by the customer; or
delivery by PARKSUN to the location agreed between the parties in writing or, if there is no agreement, then at the location determined by PARKSUN.
Return of goods
21. Except as required by law, PARKSUN will not be under any obligation to accept Goods returned by the customer and will do so only on terms agreed by PARKSUN in writing on a case by case basis or in accordance with any published returns policy that PARKSUN may from time to time have in place.
PARKSUN requires proof of purchase to be provided for all refund requests.
PARKSUN is not obliged to accept a return of Goods or to provide a refund if the customer changes their mind or makes a wrong decision about the Goods, but may do so in PARKSUN’s absolute discretion. If PARKSUN does accept a return of the Goods where the customer has changed their mind or made a wrong decision about the Goods, then PARKSUN may deduct a handling and re-stocking fee equal to 25% of the purchase price for the Goods and then refund the balance of the purchase price to the customer.
22. PARKSUN reserves the right to cancel Orders or suspend any or all deliveries to the customer where the customer is in default of these Conditions.
PARKSUN reserves the right to alter product specifications relating to the Goods without notice, provided that such alterations do not materially affect the performance of the Goods.
23. The customer acknowledges that incorrect installation and service of the Goods may cause loss of life, injury to persons and/or damage to property and that at all times the installation and service of Goods must be carried out by a qualified electrician or qualified renewable energy installer conversant with the installation of the Goods. All workmanship carried out in respect of the installation of the Goods is the responsibility of the contractor carrying out the works and PARKSUN will not be held liable for any loss or damage arising from such works.
COMPLIANCE WITH LAW
24. The customer must effect and maintain all approvals, insurances, licences and permits necessary for the performance of its contract with PARKSUN and must comply with all applicable laws and regulations and the requirements of any competent authority in relation to or affecting the customer’s use or possession of the Goods.
The customer will provide all information necessary to enable PARKSUN to perform its obligations to the customer and customer will be responsible for any costs arising directly or indirectly from any error or omission or any delay in providing that information.
PERSONAL PROPERTY SECURITIES ACT
In these Conditions, ‘PPSA’ means the Personal Property Securities Act 2009 (Cth) and all regulations made under that Act. All references to “sections” are to sections of that Act.
The customer acknowledges and agrees that:
the contract between the customer and PARKSUN constitutes a security agreement for the purposes of the PPSA; and
by accepting these Conditions the customer grants a security interest (by virtue of the retention of title provisions of these Conditions) to PARKSUN in all Goods previously supplied to the customer by PARKSUN (if any) and all goods and services that will be supplied in the future to the customer by PARKSUN.
The customer undertakes to:
sign any further documents and provide any further info rmation (which information the customer warrants to be complete, accurate and up to date in all respects) which PARKSUN may reasonably require to enable registration of a financing statement or a financing change statement on the Personal Property Securities Register (PPSR) to correct a defect in such a statement.
not register a financing change statement or make an amendment demand in relation to any security interest created by these Conditions without PARKSUN’s prior written consent;
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 PARKSUN’s prior written consent;
give PARKSUN at least 10 business days’ prior written notice of any proposed changes to any of the customer’s details; and
upon demand reimburse PARKSUN for all expenses incurred by PARKSUN in registering and maintaining a financing statement (including registering a financing change statement) on the PPSR and/or enforcing or attempting to enforce the security interest created by these Conditions.
The customer waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA and its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4), 135 of the PPSA.
Unless otherwise agreed to in writing by PARKSUN, the customer waives its rights to receive a verification statement in accordance with section 157 of the PPSA. The customer agrees that immediately on reque st by PARKSUN the customer will procure from any person considered by PARKSUN to be relevant to its security position such agreement and waivers as PARKSUN may at any time reasonably require.
25. These Conditions supersede all previous representations and communications, whether written or oral. All descriptive specifications, performance figures, drawings, data, dimensions, and weights furnished by PARKSUN or contained in its website, price lists, catalogues or advertisements are by way of general description only and do not form part of these Conditions.
Any performance figures given by PARKSUN are estimates only and PARKSUN will be under no liability for damages for failure by the Goods to attain such figures unless specifically guaranteed in writing and any such written guarantee will be subject to the recognised tolerances applicable to such figures. Subject to these Conditions, any advice, recommendation, information or assistance provided by PARKSUN in relation to the Goods, whilst believed by PARKSUN to be appropriate, is provided without liability or responsibility on the part of PARKSUN.
Copyright and Intellectual Property
26. The Buyer warrants that any design or instruction furnished to PARKSUN shall not be such as will cause PARKSUN to infringe any patent registered design or trade mark in the execution of the Buyer’s order. The buyer agrees to indemnify PARKSUN against any infringement or unauthorized use of patent, trade mark, design or copyright arising out of use of the goods and it is specifically agreed that the sale and purchase of the goods does not confer on the Buyer any license or rights under the patent, trade mark or copy right the property of PARKSUN.
All rights pertaining to industrial or intellectual property in connection with the Goods (including to documents, designs, plans and specifications and the like) are expressly reserved. The customer will not do or cause or permit to be done anything in contravention of such rights subsisting in the Goods or any components or parts of them.
Customer not a consumer
27. The customer acknowledges that these Conditions are not intended to apply to customers who would fall within the definition of a ‘consumer’ under the Competition and Consumer Act 2010 (Cth). The Customer acknowledges and agrees that the Company’s belief at the time of selling the Goods is that the customer is purchasing Goods for the purpose of re-supply or for the purpose of using them up or transforming them, in trade or commerce, in the course of a process of production or manufacture or of repairing or treating other goods or fixtures on land.
28. These Terms and Conditions (Conditions) constitute the entire agreement between PARKSUN and the customer in relation to the sale and purchase of Goods. Additional terms and conditions apply to purchases made on credit. Every order for the supply of Goods (Order) submitted to the Company by or on behalf of the customer will be subject to these Conditions and no terms or conditions contained in an Order will amend or override these Conditions (Unless specifically stated otherwise in the Order). In these Conditions, “Goods” refers to any goods supplied, or to be supplied, by the PARKSUN to the customer.
The customer releases PARKSUN from all and any liability for and in connection with or arising out of any failure in performance of its obligations under these Conditions due in whole or in part to any cause whatsoever beyond PARKSUN’s reasonable control.
No forbearance or other indulgence granted to the customer will in any way discharge the customer from any of the customer’s obligations under these Conditions or otherwise affect any such obligation. Any provision contained in these Conditions which is prohibited or unenforceable in any jurisdiction will be deemed to be ineffective to the extent of such prohibition or unenforceability and will not invalidate the remaining provisions nor affect the validity or enforceability of hat provision in any other jurisdiction.
The customer must not assign or transfer its rights or obligations under these Conditions without the prior written consent of PARKSUN. These Conditions may only be varied in writing and signed by both parties. These Conditions will be governed and construed in accordance with the laws of Australia, Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of Australia.