These standard terms and conditions apply to all sale of products by Hi Tensile Pty Ltd ABN 41 604 199 491 (“Hi Tensile”) to any customer (“the Customer”).
The then published price list is a guide only. Prices and discounts are subject to change without notice.
Rebates may be payable at Hi Tensile's absolute discretion and in such manner or kind as Hi Tensile shall from time to time determine.
Until the purchase price of the products and all other sums due by the Customer to Hi Tensile upon any account whatsoever have been paid or satisfied in full:
Hi Tensile's liability in respect of a breach of a consumer guarantee or any warranty made under these Standard Terms and Conditions for any products not of a kind ordinarily acquired for personal, domestic or household use is limited, to the extent permissible by law and at the option of the Hi Tensile in relation to the products:
To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Standard Terms and Conditions are excluded and Hi Tensile is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:
Where Hi Tensile is unable by reasons of strike or other industrial disputes, accidents, failure of Hi Tensile's machinery, wars or any other cause beyond its reasonable control, to perform in whole or part any obligation under an order which has been accepted, Hi Tensile shall be relieved of that obligation to the extent and for the period it is so unable to perform and Hi Tensile shall not be liable to the Customer in respect of such liability
The Customer will indemnify Hi Tensile and keep Hi Tensile indemnified from and against any liability and any loss or damage Hi Tensile may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Standard Terms and Conditions by the Customer or its representatives.
All credit orders are accepted by Hi Tensile subject to satisfactory credit approval of the Customer. Credit approval, once granted, may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all products is required on delivery. Where credit has been granted, payment for the products is to be made on or before 30 days from the end of the month of purchase. Payment must be made in full without set off or deduction. If the Customer is in default, Hi Tensile may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights. Credit card payments are accepted for VISA and MASTERCARD and incur a fee of 2%.
It is the Customer’s responsibility to satisfy itself that the products supplied are of the description, quantity and character ordered, suitable for the purpose for which they are required and Hi Tensile) accepts no responsibility and shall not be liable for any loss or damage direct or indirect howsoever arising from the failure of the Purchaser to satisfy itself.
Standard products which are damaged or defective or otherwise not in accordance with the Customer’s order may be returned by the Customer to Hi Tensile in their original condition and original packaging within 14 days of delivery. A return goods authority from an authorised representative of Hi Tensile is required prior to return. Return of goods for any reason (other than if defective or supplied in error) will be subject to a handling charge of 20% of the value of the goods with freight at the customer’s expense.
Subject to the above, all products shall be deemed to have been accepted by the Customer as being in accordance with order.
All non-standard products including fence droppers that are made to order are not returnable so thorough care should be taken in specifying them.
All pricing excludes Goods and Services Tax. GST will be charged at the current rates applicable to any taxable products.
These Standard Terms and Conditions apply to all supply of products between Hi Tensile and the Customer, including all quotations, offers, acknowledgements, orders or sales relating to the products supplied by Hi Tensile to the Customer.. No order shall be binding on Hi Tensile until accepted by Hi Tensile. An individual contract for the supply of products on these Standard Terms and Conditions is formed on acceptance by Hi Tensile of an order from the Customer. Hi Tensile reserves the right to accept any order in whole or in part. Where Hi Tensile makes a part delivery of any order, such delivery shall constitute a separate contract.
No order may be cancelled after it has been accepted by Hi Tensile.
Any orders placed with Hi Tensile are on the basis of these Standard Terms and Conditions unless otherwise expressly agreed in writing by Hi Tensile. These Standard Terms and Conditions (which will only be waived or varied in writing signed by Hi Tensile) will prevail over all conditions and terms of the transaction to the extent of any inconsistency. Acceptance of Hi Tensile products constitutes acceptance of these Standard Terms and Conditions.
Hi Tensile may add to or change these Standard Terms and Conditions provided the updated terms and conditions are available to be viewed on line at www.fencedropper.com The Customer will be bound by and agrees to accept any such updated terms and conditions.
No waiver of any of these Standard Terms and Conditions or failure to exercise a right or remedy by Hi Tensile will be considered to imply or constitute a further waiver by Hi Tensile of the same or any other term, condition, right or remedy.
The law of the State of Queensland shall apply to these Standard Terms and Conditions and all sales by Hi Tensile. The Customer and Hi Tensile submit to the jurisdiction of the courts of Queensland.
Subject to subclause below, the Customer acknowledges that:
If any of the terms of these Standard Terms and Conditions are held to be invalid, unlawful or unenforceable for any reason whatsoever, by a court of competent jurisdiction, such invalidity or unenforceability of any other terms of these conditions and the invalid or unenforceable or illegal term will be treated for all purposes as severed
Our family has been using Lightning Fence Droppers for about 33 years and still considers them to be the best fence droppers on the market
Much quicker than the others to put on. I can install 1,000 droppers in a couple of hours all up. They’re really good to use and there is no problem with them shifting. The others cripple much more easily … in fact I don’t think I have ever seen a Lightning cripple … the others (V-Type) just don’t seem as ‘steely’ – they’re softer than Lightning.
Date Posted: 3 October 2013
Date Posted: 27 November 2013