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GEMINI INDUSTRIES - TERMS & CONDITIONS OF SALE

  1. The Company is bound only by these conditions. Any other conditions, warranties and representations (including any implied by law) are excluded and negated
  2. Only the Company may vary these conditions and only by agreement in writing with the customer.
  3. Prices are those contained in then Company's published price list, and include GST, and may be altered without notice.
  4. Subject to the conditions of Gemini Freight Schedule (refer Freight schedule)
  5. Where supplied, all pallets will be invoiced at the Company's cost. Where returned or exchange, a full credit will be issued.
  6. Delivery dates are estimates only and the Company is not liable for any loss or damage for failure to deliver by the estimated delivery date.
  7. No liability is accepted for damage or shortage of product unless written notification is received within 2 working days after delivery. Insurance of goods in transit is the responsibly of the buyer.
  8. All goods of faulty manufacture (excluding imperfections permitted within AS1976 Vitreous China Used In Sanitary Appliances) will be credited or replaced if the Company is advised within a reasonable time after delivery, and the faulty product is made available for inspection and return. To the extent permitted by the Trade Practices Act and other relevant legislation, the Company's liability is limited to: The cost of replacing the goods;
    The cost of obtaining equivalent goods; or
    The cost of having the goods repaired.
  9. The Company is not responsible for any lack of operation or performance of goods (or any loss or damage) where goods are used or adapted for a purpose for which they are not designed.
  10. The Company is not responsible for any lack of operation or performance of goods (or any loss or damage) where goods are combined or integrated with other goods not supplied by the Company.
  11. Goods returned for credit must be authorized by the Sales Representative or Agent, and must be in resalable condition, including packaging. The Customer will pay freight for returns.
  12. A restocking charge of 15% applies to all authorised goods returned for credit unless agreed to the contrary.
  13. The Company's responsibility and risk for goods ceases at the date of delivery.
  14. Property in goods delivered to the Customer remains with the Company until full payment is received, and in case of payment by cheque, the cheque is honored upon presentation.
  15. Irrespective of Condition 14 the Customer may sell goods in the normal course of business.
  16. Payment of Customers accounts are strictly 30 days from the end of month in which the goods were delivered. A finance charge of 1% per month will be applied to overdue monies.
  17. If there is default in payment of the goods the Company may enter upon the premises of the Customer and recover the goods that have not been paid for.
  18. Orders for goods by the Customer are irrevocable, except where the Company agrees to the contrary.
  19. The Goods & Services Tax (GST) component (currently 10%) has been included in the Company's published Recommended Retail price list.
  20. The company reserves the right to vary, alter or amend designs, drawings and the performance of its products without notice.
  21. Drawings specifications, explanatory literature and other materials provide for descriptive purposes are not binding on the Company, nor do they constitute representations by the Company.
  22. Agents or distributors of the Company's products have no right or authority, express or implied, to bind the Company.
  23. The Company is not responsible far any failure to abides by these conditions which apply to it where failure is due to strikes, accidents, or circumstances beyond its reasonable control.
  24. In these Conditions: "Company" means Gemini Industries Pty Ltd its successors and assigns
    "date of delivery" means the date the goods leaves the Company's warehouse or the delivery to the rail, wharf, Carriers Depot, or Merchants store under Conditions 4 as the case may be.
    "goods" means products ordered by the Customer from the Company.
    "Published price list" means the Companies list of prices, issued from time to time, in respect of its goods


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