Terms & Conditions - Arrow Bronze

General Terms and Conditions of Sale

Matthews Bronze Pty Ltd t/a Arrow Bronze 

  1. Matthews Bronze Pty Ltd trading as Arrow Bronze is hereafter referred to as the “Company” and all goods and services supplied by the “Company” is hereafter referred to as the “Goods”
  2. All Goods supplied to the Customer in accordance with the Customer’s order as specified in the Company’s work order, delivery docket, or other documents, a resupplied subject to these Terms and Conditions. Except as expressly provided to the contrary in these Terms and Conditions, and to the full extent permitted by law, the Company and the Customer agree that the Company shall not be liable, whether in tort, contract or otherwise , for any loss or damage, direct or indirect in relation to the Goods, the fitness for use, merchantable quality or lack of correspondence of the Goods with any sample, description or arising from the failure of the Customer to satisfy itself that the Goods supplied are of the description, quality and correct order. Any condition and warranties, whether expressed, implied, statutory or otherwise relating to the Goods and as to the fitness and suitability for purpose are, to the maximum extent permitted by law, expressly negated
  3. Notwithstanding the foregoing, insofar as any contract arising herefrom constitutes a supply of goods to the Customer as defined in the Trade Practices Act 1974 (“the TPA”) nothing contained within the contract should be construed as excluding, restriction or modifying any express or implied conditions, warranty, right of remedy conferred by the TPA. The liability of the Company is respect of breach of a condition of warranty implied by the TPA which the Customer or any other entity or person may sustain shall be limited to the Company’s options at:
    1. The replace of the goods
    2. The repair of the goods
  4. Every quotation is an estimate only and is subject to withdrawal or alteration at any time prior to the Company’s acceptance of the Customer’s order
  5. GST is not included in the purchase price and will be charged to the Customer’s account where applicable
  6. Any charge, duty, impost, or other expenditure which is not applicable at the date of quotation or sales invoice but which is subsequently levied upon the Company as a result of the introduction for any legislation, regulation or government policy, shall be to the Customer’s account
  7. It is the essence of these Terms and Conditions that payment of the price of the goods delivered and accepted shall be made in full within thirty (30) days of the end of the month in which the goods are invoiced. If the Customer fails to make any payment in accordance with the Terms and Conditions, each outstanding amount shall bear interest at the rate chargeable under the Penalty Interest Rates Act 1983 (Vic) calculated on a daily basis from the day it falls due until the day it is paid
  8. Risk in the goods passes to the Customer at the time the goods are dispatched to or collected by the Customer, or any agent, carrier or courier of the Customer
  9. Property in the goods supplied to the Customer under these terms and conditions shall not pass to the Customer until the goods have been paid for in full. In the case of payment not being made in part or in full within these terms and conditions, the Company shall be entitled to take possession of all goods which remain in the Company property and for that purpose, the Customer irrevocably authorises the Company by tis servants or agents to enter the premises of the Customer of where the goods may be situated and take possession thereof
  10.  The Company warrants all goods supplied by it against defect of work or materials for a period of three (3) months from the date of delivery. The Customer’s redress against the Company (if any) shall be limited to the replacement of the goods. This warranty shall not extend to any person other than the Customers and in no circumstances shall the Company be liable for any loss or damage (including without limitation consequential loss) resulting from the supply or use of the goods.
  11.  The Company shall not accept liability for defects on manufactured Goods resulting from unclear instructions or requests in the Customer orders, conflicting orders, duplicated orders, not marked ‘Confirmation’ or any other circumstances where the Company is forced to interpret specifications from the Customer
  12.  The Company shall not accept liability for defects on manufactured goods resulting from the customer, it s agents or any other person using cleaning or maintenance products other than those recommended by the Company in the Company’s literature
  13.  The Company reserves the right to follow standard conventions in punctuation, spelling and grammar as defined by the Style Manual – © Commonwealth of Australia 2002 and the Oxford Dictionary. Goods will be manufactured using these conventions unless expressly specified otherwise by the Customer in their order
  14.  The Company reserves the right to use it discretion in the layout, case and font of inscription on the goods bases on experience, graphic art convention, good aesthetics and manufacturing constraints. Goods will be manufactured using these conventions unless expressly specified otherwise by the Customer in their order
  15.  The Company will manufacture the goods to dimensions specified as width (first) and height (second). Thickness of goods shall be a the Company’s discretion unless expressly specified by the Customer
  16.  Unless otherwise agreed in writing, the Customer has no right to cancel an order which has been accepted by the Company. An order shall only be placed on hold or alterations to an order made upon receipt of a written request from the Customer and subsequent acknowledgement from the Company. Failing such notice, to the extent permitted by law, the goods shall be manufactured in accordance with the original order and accepted by the Customer
  17.  The Customer indemnifies the Company against all claims, damages, losses, costs and expenses incurred by the Company as a result of the use by the Company of any articles supplied or provided by the Customer to the Company for the purposes of manufacturing the Goods
  18. The Customer shall inspect all delivered goods and within 3 months of delivery give written notice to the Company of any matter or thing by which the Customer alleges that the goods are not in accordance with the Customer’s order. Failing such notice, to the extent permitted by law, the goods shall be deemed to have been delivered to and accepted but the Customer
  19. The Company may, at any time and from time to time, alter these terms and conditions
  20. Any agreement or contract between the Company and the Customer shall be governed by the Laws of Victoria and each party irrevocably submits to the non exclusive jurisdiction of the courts of Victoria.