Terms & Conditions

        Terms and Conditions of Sale of Products and/or Services 

        Interpretation:
        In these conditions, “Excell” refers to Excell Control P/L and “Excell” and the “customer” mean respectfully the parties named on the face of this form. These terms and conditions of sale prevail and overrule any and all other purchase agreements. Placement of an order with Excell Control Pty. Ltd. shall deem the purchaser accepts these terms and conditions.
         
        Quotations:
        All quotations are made and all orders are accepted subject to the following terms and conditions. Written quotations automatically expire 30 days from the date of quotation. Verbal quotations expire the same day they are quoted.

        Prices:
        All prices are subject to alteration. Unless otherwise agreed in writing, the prices quoted are ex-works, excluding delivery, GST or other government charges. All GST and duties will be to the customers account unless the purchaser provides certification of exemption.

        Terms of payment:
        Where no credit has been established, terms are C.O.D. Where credit has been satisfactorily established, the terms are strictly nett 30 days from date of invoice. Excell reserve the right to charge interest at the rate of 1.5% per month of the amount on invoices over 60 days. Goods paid for by credit card may incur a % surcharge of the value of the goods purchased, the surcharge being equal to the finance charge on the credit card transaction incurred by Excell.

        Delivery:
        All goods are deemed to be delivered when they are handed over to a carrier or customer representative at our premises.

        Orders delivered within the Wollongong area will be by the most economical means, however a $20.00 packing and freight charge will apply + $1 for every Kg over 20 Kg, unless the customer nominates to use their own transport.

        There is no packing and freight charge for pickups from Excell. Deliveries to customers outside of the Wollongong area will incur a minimum $20.00 freight charge + $1 for every Kg over 20 Kg . Any extra delivery or insurance charges within or outside of Wollongong will also be to the customers account.
         
        Delivery times are quoted in good faith and are based on stock holdings at the time of quotation, or normal delivery times from our suppliers. Excell is not liable for failure to dispatch within delivery times quoted.

        Title and Risk:
        Risk or loss of goods shall pass to the purchaser on delivery of goods. Title to the goods shall pass from Excell to the purchaser on payment in full received by Excell.
         
        All Excell invoices, sometimes referred to as “payment claims”, are made under the Building & Construction Industry Security of Payment Act 1999 (NSW). The products & services appearing on the face of the invoice/payment claim are sold under the Terms and Conditions of Sale of Excell Control Pty. Ltd., as at date of invoice, unless otherwise stated in the contract, and remain the property of Excell until payment is received in full.
         
        Retention of Title: Title to the goods hereby sold and delivered to the customer shall remain with Excell and will not pass to the customer until such time as all moneys due from the customer to Excell are paid.

        In the event that the said goods or any part thereof are sold by the customer on credit terms and there remains moneys due by the customer to Excell, then any debt due to the customer shall be the property of Excell (to the extent of the debt due from the customer to Excell) and Excell shall have full authority to direct payment of such as if Excell were the customer in relationship to the party to whom the goods have been sold. Failing this, we shall, without predjudice, be entitled to re-take possession of said goods, regardless of whether they be part of work in progress, and hold them until payment has been received in full, or to re-sell the goods.

        Minimum Order Value: A minimum order value of $50.00 applies. Orders valued at less than $50.00 will be invoiced at normal prices plus a $10.00 handling charge will be added.

        Goods can be picked up at Excell whereby no handling, packing or freight charges will apply.
         
        Charges for goods below the minimum order value can also be settled by cash.
         
        Warranty and Repairs: The relevant manufacturers warranty applies to all the goods/equipment supplied by Excell. Warranty is limited and generally covers the repair or replacement of faulty equipment, but does not cover removal/replacement of equipment or freight charges.

        Excell will not honour the warranty if any of the following conditions apply to the goods supplied: the customer has combined the equipment with other components otherwise not technically approved; the equipment has been altered from its original design; the equipment has been tampered with; the equipment has been mis-used or abused; the equipment has been repaired by the customer or a third party; the equipment has been operated contrary to the instructions/manual.

        Generally warranty is limited to 12 months from date of delivery of goods to the customer. Please confirm with Excell Control the particulars of the warranty limitations for the goods/equipment supplied as they can differ between suppliers.

        In the case of advance shipments or warranty repairs, goods for exchange must be returned within two weeks of delivery of replacement goods, otherwise a 10% surcharge will be incurred.

        Goods returned must be cleaned and be free of contaminants or dangerous chemicals before we will receive them. Failure to do so will result in the warranty or repair not being processed until the goods have been cleaned or de-contaminated to our satisfaction.

        Return of Goods:
        Standard stocked products returned for credit will be charged a 15% re-stocking fee of the item’s invoice value if returned within 30 days of delivery, free into our store.
        Goods will not be accepted back for credit more than 30 days after purchase.

        Goods returned to Excell may be credited to the customers account only if the goods are in their original unopened and undamaged packaging accompanied by a despatch note stating our relevant invoice number, date of purchase and reason for return. Goods returned open or requiring inspection and/or test will not be accepted (unless in exceptional circumstances).

        Advance shipments cannot be credited if the original packaging is open or damaged.
         
        Goods made to special order will not be accepted for credit. Software will not be accepted for credit.

        We reserve the right to refuse credit on returned goods if we feel the reason for return is unjustified. Excell will only issue a credit after the goods have been accepted back by the original manufacturer or after meeting the abovementioned criteria and we agree they can be resold.

        Excell cannot issue a credit for sales tax adjustments after the transaction has taken place.

        Limitation and Liability:
        In no event shall Excell be liable for any special, incidental, indirect, speculative, remote or consequential damages arising from, relating to or connected with the goods supplied, the support services, equipment, materials provided hereunder.

        The liability of Excell, in contract or in tort or otherwise, shall be limited to:

                                    a) in the case of goods, any one or more of the following:
                                                1) the replacement of the goods or the supply of equivalent goods,
                                                2) the repair of the goods, or  

                                    b)in the case of services:
                                                1) the supplying of the services again.

        The Intellectual Property disclosure will inform users that the contents, logo and other visual media you created is your property and is protected by copyright laws.A Termination clause will inform that users’ accounts on your website and mobile app or users’ access to your website and mobile (if users can’t have an account with you) can be terminated in case of abuses or at your sole discretion.A Governing Law will inform users which laws govern the agreement. This should the country in which your company is headquartered or the country from which you operate your web site and mobile app.A Links To Other Web Sites clause will inform users that you are not responsible for any third party web sites that you link to. This kind of clause will generally inform users that they are responsible for reading and agreeing (or disagreeing) with the Terms and Conditions or Privacy Policies of these third parties.If your website or mobile apps allows users to create content and make that content public to other users, a Content section will inform users that they own the rights to the content they have created.
        The “Content” clause usually mentions that users must give you (the website or mobile app developer) a license so that you can share this content on your website/mobile app and to make it available to other users.
        Because the content created by users is public to other users, a DMCA notice clause (or Copyright Infringement ) section is helpful to inform users and copyright authors that, if any content is found to be a copyright infringement, you will respond to any DMCA take down notices received and you will take down the content.A Limit What Users Can Do clause can inform users that by agreeing to use your service, they’re also agreeing to not do certain things. This can be part of a very long and thorough list in your Terms and Conditions agreements so as to encompass the most amount of negative uses.Source: https://termsfeed.com/blog/sample-terms-and-conditions-template