Terms & Conditions of Sale

1 GENERAL
In these Terms and Conditions of Sale: We or us or Our means Rivtec Australia Pty Ltd - ABN 40 146 766 734; You means any person, firm or company placing an order with us for the purchase of goods; Goods means goods merchandise and service supplied to you by us.
All orders you place with us are subject to these Terms and Conditions of Sale and as amended from time to time without notice by Rivtec. Your order represents an offer to us to purchase goods which is accepted by us when we dispatch the goods to you. All prices are current at the date of invoice and subject to change without notice. 


2 PAYMENT
Payment is due in accordance with the establishment of your 30 day account. We shall be entitled to claim from you all costs, expenses and charges incurred to recover monies or goods due from you.
 

3 DELIVERY 
All deliveries will incur a minimum delivery charge with the exception of back order deliveries, which are part of an original order that has been partly fulfilled. Any date or time quoted for delivery is an estimate only. Any failure or delay in supply or delivery of the goods shall not confer to you any right of cancellation or refusal of delivery or render us liable for any loss or damages directly or indirectly sustained by you as a result thereof. 
Our obligation to deliver shall be discharged on arrival of the goods at your nominated delivery destination or the address appearing on the invoice. Particulars appearing on our delivery docket and any substantiating driver's dockets shall constitute prima facie evidence of date, time and place of delivery, whether or not the documents were signed.


4 ON SALE 
You agree that upon on-sale of any Goods to third parties you must not make any misrepresentations to third parties about the Goods. 


5 INSPECTION
You shall examine the goods immediately after delivery. If the goods do not correspond with the description of them on the delivery note or invoice or are defective on examination of the goods, please call customer service on 02 94375077. Provided that the goods are preserved intact and are returned to us in the same condition as that in which they were delivered, we shall at our discretion replace those goods or reimburse you for the amount of the purchase price paid for them.
Any claim in this respect must be made within 30 days of the date of purchase. To the extent permitted by law, you agree that failure to notify us within 30 days of the date of purchase will be deemed acceptance of the goods as satisfactory and you will have no further claim on us.
 

6 RETURNS
If you want to return goods to us where you have changed your mind, please call customer service on 02 9622 7770. In these circumstances and to the extent permitted by law, Goods:
(a) must be unused items in original packaging and in unbroken quantities and in as-new condition to qualify for return. 
(b) shall only be accepted for return within 30 days of the date of purchase, subject to our approval and are subject to our inspection and acceptance on return. 
(c) returned are subject to a re-stocking fee of 10% plus freight.
(e) subject to an expiry date, special order products and discontinued items shall not be accepted for return.
To the extent permitted by law, the method of refund provided by us to you in accordance with this clause is at our absolute discretion.
 

7 PROPERTY AND RISK
Property in any given goods shall remain with us until you have paid and discharged any and all other indebtedness to us on any account whatsoever, including all applicable sales taxes and other taxes, levies and duties.
The risk in the goods shall pass to you upon delivery to you, your agent or to a transport company nominated by you. You acknowledge that you are in possession of the goods solely as a bailee for us until payment has been made in full and until such payment you shall be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery. 
You hereby irrevocably grants us, our agents and servants an unrestricted right and licence without notice to enter premises occupied by you to identify and remove any of the goods in our property in accordance with these Terms and Conditions of Sale without in any way being liable to you or any person claiming through you. We shall have the right to sell or dispose of any such goods removed or otherwise in our sole discretion and shall not be liable for any loss occasioned thereby. 
 

8 WARRANTY AND LIMITATION OF LIABILITY
Our liability is limited, to the extent permissible by law and at Our option to:
(a) in relation to Goods;
(i) replacing the Goods or the supply of equivalent goods;
(ii) the repair of the Goods;
(iii) the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the Goods repaired.
(b) where the Goods are services;
(i) re-supplying the services;
(ii) reimbursing the consumer for paying someone else to supply the services.

To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms and Conditions are excluded and We are not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:
(a) any increased costs or expenses;
(b) any loss of profit, revenue, business, contracts or anticipated savings;
(c) any loss or expense resulting from a claim by a third party; or
(d) any special, indirect or consequential loss or damage of any nature whatsoever caused by Our failure to complete or delay in completing the order to deliver the Goods.

Any warranty supplied with goods to you shall be subject to payment in full in accordance with the particulars stated on your invoice. To the extent permissible by law, nothing herein or in any warranty given by us shall impose any liability on us in respect of any defect in the goods arising out of acts, omissions, negligence or default of you, your agents or servants including without limitation any failure by you to comply with our recommendations as to storage, handling, use, or servicing of the Goods.


9 TERMINATION
If you fail to comply with our Terms and Conditions of Sale or being a natural person or persons commit any act of bankruptcy, or being a corporation pass a resolution for winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or administration or enter into any composition or arrangement with creditors of if a receiver or manager or administrator is appointed for any property or assets of you or become liable to be wound up by reason of insolvency or if any petition is presented for your winding up, or if a liquidator or provisional liquidator or administrator is appointed, we may, in addition to exercising all or any of our rights against you, suspend any further deliveries and immediately recover possession of any goods not paid for, and all amounts owed to us shall immediately become due and payable.
 

10 GOVERNING LAW
You agree that these Terms and Conditions of Sale shall be construed according to the laws of the State or Territory as we may in our sole discretion determine. Proceedings may be instituted in such State or Territory as we may in our sole discretion determine. Failing such determination you consent to any proceedings being instituted and heard by any appropriate Court sitting in the State of New South Wales applying the laws of the State of New South Wales. 
These Terms and Conditions of Sale do not exclude, restrict or modify the application of any provisions of any Commonwealth, State or Territorial Law which by law cannot be excluded, restricted or modified.