TERMS AND CONDITIONS OF SUPPLY
1 Payment for Products Purchased
1.1 All Prices shown on the web site are exclusive of GST, delivery costs and any associated taxes.
1.2 All accounts are strictly 30 days from date of invoice, unless specified otherwise. Payment in advance will be required for new customers. For customers to be eligible to receive a 30 day payment period a credit application must be submitted and acceptance provided by Smart Urban in writing, prior to the dispatch of any goods.
1.3 In the event an account is not paid by the due date, the purchaser must pay Smart Urban interest on any amount not paid to Smart Urban by the due date. The interest rate will be the rate then payable by business customers on overdrawn current accounts to Smart Urban’s principal bank. It will be calculated daily and capitalized monthly.
2.1 The purchaser must install, or use, and require any on-purchaser to install or use, a Smart Urban product in accordance with the installation instructions and directions provided by Smart Urban. Any warranty given by Smart Urban, or covenant to replace, will be nullified if the Smart Urban User manual, installation instructions or directions for use, are not strictly adhered to.
2.2 Smart Urban is not liable for any loss or damage caused by an installation by any person of a Smart Urban product purchased.
3 Smart Urban liabilities for defective products
3.1 Smart Urban is liable for a defect in Smart Urban products that arises from faulty design, materials, or workmanship, but not from fair wear and tear. Smart Urban is only liable if the defect appears within 6 months after the date of delivery.
3.2 The purchaser must deliver the defective Smart Urban products purchased to Smart Urban premises or other premises nominated by Smart Urban within 30 days after the date when the defect is discovered.
3.3 All associated costs of delivery of the defective products to the location specified by Smart Urban must be paid by the purchaser.
4 Exclusion or Limitation of Warranties
4.1 All other conditions and warranties of any type in relation to the Smart Urban products purchased are excluded to the maximum extent allowed by the law. In respect of Smart Urban products purchased (being not of a kind ordinarily acquired for personal, domestic, or household use or consumption), the liability of Smart Urban for a breach of any condition or warranty implied by law is limited to any one or more of the following, at the option of Smart Urban: Replacing the product purchased, or supplying an equivalent Smart Urban product; repairing the products purchased; or providing a credit note to the purchaser, in respect to the damaged goods, upon return of the damaged goods to Smart Urban.
4.2 This warranty excludes custom-made items, in the vent that manufacture of the goods has commenced or a purchase order placed with suppliers that are non-redeemable, orders for custom- made items cannot be cancelled.
4.3 This warranty excludes any product/s not stored away from sunlight or products subject to unwarranted pressure. All products must remain in boxes provided until ready for use, thee boxes must be stored in a clean, dry location away from sunlight and undue pressure which could distort the products or cause damage.
5 Intellectual Property
5.1 All intellectual property utilized by Smart Urban in the manufacture of any Smart Urban product remains forever the sole property of Smart Urban.
5.2 The purchaser must never attempt itself, or permit, encourage or allow any other person to copy the manufacture or construction of any product purchased, alter or reverse engineer the products supplied.
5.3 All Confidential Information provided to the Recipient for the purposes of promotion of Smart Urban products or development of new technologies in connection with Smart Urban and related entities shall be kept confidential. For the purposes of this agreement a reference to the Recipient shall include the Recipient’s personnel, its affiliates and related entities and their personnel.
6 Disputes concerning an account
6.1 If the purchaser does not agree with any part of an account, it must immediately give Smart Urban a written notice stating that it is disputing the account and giving reasons. If the Smart Urban response does not satisfy the purchaser then the dispute must be mediated by a mediator at the cost of the purchaser. When a dispute has been resolved, any amount owing by the purchaser on that account must be paid within 3 working days along with any associated interest due as a result of the delay in payment.
6.2 If an account is overdue, Smart Urban has the right to refuse delivery of goods to the purchaser until the account has been paid in full.
7 Export sales
7.1 The purchaser is responsible for all customs and import duties. Sales are generally FOB although in the event the seller organises door to door delivery the purchaser remains responsible for all customs, insurances and import duties associated with the importation of the goods into the designated country/region.