TRADING TERMS AND CONDITIONS (CASH SALES)

1. These terms and conditions form part of, and are to be read, in conjunction with any quote submitted by Fusion Pumps Pty Ltd (‘the Company’) to the applicant (‘Customer’).

2. In accepting the quote submitted by the Company, the Customer also accepts these terms and conditions.

3. The Company shall endeavour to deliver the goods within three (3) standard working days (although this period may vary in the case of unforeseen circumstances).

a. Should we/our suppliers be temporarily out of stock of an item, we will endeavour to advise you on the back order and expected ETA.

4. All quotes (‘Prices’) shall be valid for thirty (30) days from the date of quote unless specified.

5. The Company reserves the right to change the Price if a variation to the Company’s quotation is requested. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation as a result of additional works required due to hidden or unidentifiable difficulties or unforeseen circumstances, which act to increase costs to the Company in the form of materials and/or labour).

6. Payments

a. Payment may be made by cash, cheque, bank cheque, Electronic Funds Transfer (EFT), or by credit card (Only Visa and MasterCard are accepted and may incur a surcharge up to 2.5%).

b. Credit card information is not kept on file. The Company will delete this information from the system once order is charged.

c. Orders paid by personal or business cheque will not be shipped until the cheque has been cleared by our bank. We charge a $30 service fee should any cheques be returned due to insufficient funds.

d. Unless stated the Price does not include GST. The Customer must pay the Company an amount equal to any GST, taxes or duties that may be applicable in addition to the Price under this or any agreement for the sale of goods/services.

e. A deposit (50% of the total order) is required before an order is processed, with the remaining 50% and all other incurred costs to be paid in full before dispatch of the item.

f. Any refunds will be issued in the same tender as your original purchase.

7. Shipping

a. Orders are packed for shipment Monday Friday (0700 1600). Any orders packed outside these times may incur additional charges.

b. Pick up is available. Please contact us for further information regarding pickup location and times.

c. Delivery charges will be advised at the time of your enquiry.

d. Fusion Pumps Pty Ltd use third party contractors to deliver the products to our customers. Whilst we will do our very best to get the Goods to you in a timely manner, ultimately the delivery of our products are out of our control.

e. Undeliverable or Refused Shipments:

i. If a shipment is returned to us because the address the Customer provided in their order is undeliverable or incorrect, the Customer will be responsible for the full cost of shipping the order to a corrected address.

ii. The Company will contact the Customer to obtain the correct address and approval for the additional shipping charges.

iii. If the Customer chooses not to have the order delivered to the correct address the order will be subject to our return policy.

iv. If a shipment is returned to us because you refuse delivery for any reason, the order will be subject to our return policy.

8. Delivery

a. Delivery of Goods is defined as the time that:

i. The Customer (or nominated proxy) takes possession of Goods at Company’s address; or

ii. The Company (or nominated proxy) delivers the Goods to the Customer’s nominated address, even if the Customer is not present.

b. The Customer will inspect the Goods at the time of delivery/collection and sign a delivery docket. Signature on the delivery docket by Customer (or proxy) is acknowledgment that goods have been delivered as ordered and in good condition.

c. Cost of delivery is at the Company’s sole discretion, if included, or if an addition to the original Price.

d. The date and time of delivery supplied to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late, where the Company will not be liable for any loss or damage incurred by the Customer as a result of these circumstances.

TRADING TERMS AND CONDITIONS (CASH SALES) CONT.

e. Risk of damage to, or loss of, the Goods passes to the Customer on delivery, if any of the Goods are damaged following delivery but prior to ownership by Customer, the Company is entitled to receive all insurance proceeds payable for the Goods.

9. Returns

a. Goods may only be returned by the Customer to the Company on the following conditions:

i. With approval from the Company. No returns are accepted after 90 days from purchase.

ii. Goods are in good condition, are unused, not damaged and in a saleable state.

b. Goods returned normally stocked by Fusion Pumps Pty Ltd may incur a re-stocking fee up to 50% of the total price, in addition to all delivery and return costs, with the Customer credited the balance.

c. Goods that are returned/undeliverable which have be specifically ordered for a customer, will be subject to the restocking policy of the supplier of those Goods, where the Customer is liable for all associated costs (delivery, restocking fee etc.).

10. General exchange will only be permitted if items are in new or unused conditions at the discretion of the Company.

11. Title of the Goods shall not pass to the Customer until payment has been received in full, until such time the Goods remain the property of Fusion Pumps Pty Ltd.

a. Further to passing of the title, parties agree as follows:

b. For typically stocked Goods, where the Customer cancels that order (in writing), then the Customer shall incur a cancellation fee, 50% of the value of the order.

c. For custom orders, where production of the Goods has commenced and the Customer cancels the order (in writing), the Customer will be liable for all incurred costs to the date of cancellation.

d. Custom orders will not be manufactured until signed acceptance of quote has been received, these orders are not returnable under any circumstances.

12. Credit

a. Credit claims will be processed at the end of the accounting month.

b. Where credit is provided to a Customer, the Company shall be under no obligation to refund monies.

13. Notification of Change

a. The Customer must give the Company no less than fourteen (14) days prior written notice of any proposed change in ownership of the Customer and/or any change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business procedures). The Customer shall be liable for any loss incurred by the Company as a result of the Customer’s failure to comply with this clause.

14. Liability

a. Where it has been established to the satisfaction of the Company that goods are defective due to a fault in manufacture or material, the liability (if any) of the Company shall, to the extent permitted by the Trade Practices Act, 1974, be limited to and discharged by the replacement of the goods, or (at its discretion), by their repair, by a refund, a price reduction or a credit to the account and shall not extend to any consequential loss or damage incurred by any person.

By purchasing goods and services from Fusion Pumps Pty Ltd the customer hereby accepts our terms and conditions of sale.