Terms and conditions
Insinc Products will endeavour to supply products that are of a high quality and are reliable. We wil go out of our way to supply you with exceptional service.
Delivery of the Goods
1.1 At IPL’s sole discretion, delivery of the Goods shall take place when the Goods are supplied to the Customer at the Customer’s nominated address, even if the Customer is not present at the address or when the Customer or the Customer’s nominated carrier takes possession of the Goods at IPL’s address.
1.2 At IPL’s sole discretion the cost of delivery is added to the cost price of the Goods.
1.3 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this Contract.
1.4 IPL may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
1.5 Any time specified by IPL for delivery of the Goods is an estimate only and IPL will not be liable for any loss or damage incurred by the Customer as a result of delivery being delayed for any reason. However, both parties agree that they shall make every endeavour to enable the Goods to be supplied at the time and place as was arranged between both parties. In the event that IPL is unable to supply the Goods as agreed solely due to any action or inaction of the Customer, then IPL shall be entitled to charge a reasonable fee for re-supplying the Goods at a later time and date, and/or for storage of the Goods.
2.1 Where IPL is supplying Goods only, all risk for the Goods shall immediately pass to the Customer on delivery and the Customer must insure the Goods on or before delivery. Delivery of the Goods shall be deemed to have taken place immediately at the time that the Goods are delivered by IPL or IPL’s nominated carrier to the Customer’s nominated delivery address (even if the Customer is not present at the address).
2.2 Notwithstanding the provisions of clause 9.1 if the Customer specifically requests IPL to leave Goods outside IPL’s premises for collection or to deliver the Goods to an unattended location then such Goods shall always be left at sole risk of the Customer and it shall be the Customer’s responsibility to ensure the Goods are insured adequately or at all. In the event that such Goods are lost, damaged or destroyed then replacement of the Goods shall be at the Customer’s expense.
2.3 Extreme instances of weather, temperature or forecast weather, may cause delay to IPL being able to deliver the Goods, IPL accepts no losses, damages or costs as a result of this instance.
2.4 The Customer acknowledges that Goods supplied may exhibit variations in texture, shade, tone, colour, surface, finish and may fade or change colour over time. Whilst IPL will make every effort to match batches of product supplied to minimise such variations, IPL will not be held liable in any way whatsoever, should such variations occur.
2.5 The Customer acknowledges that all descriptive specifications, illustrations, dimensions and weights stated in IPL’s or the manufacturers fact sheets, price lists or advertising material are approximate only and are given by way of identification only. The Customer shall not be entitled to rely on such information, and any use does not constitute a sale by description and does not form part of the contract, unless expressly stated as such in writing by IPL.
2.6 Where IPL has effected delivery, all risk passes to the Customer as per clause 9.1 and the Customer claims the Goods have been stolen, it shall be the Customer’s responsibility to contact the police, and shall not excuse the Customer from fulfilling their financial obligations under this Contract.
3.1 The Customer acknowledges and agrees that: (a) IPL does not guarantee the website’s performance; and
(b) display on the website does not guarantee the availability of any particular Goods; therefore, all orders placed through the website shall be subject to confirmation of acceptance by IPL; and
(c) on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades; and
(d) there are inherent hazards in electronic distribution, and as such IPL cannot warrant against delays or errors in transmitting data between the Customer and IPL including orders, and you agree that to the maximum extent permitted by law, IPL will not be liable for any losses which the Customer suffers as a result of online ordering not being available or for delays or errors in transmitting orders; and
(e) when making a transaction through the website, the Customer’s information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that the Customer’s information cannot be read by or altered by outside influences; and
(f) if the Customer is not the cardholder for any credit card being used to pay for the Goods, IPL shall be entitled to reasonably assume that the Customer has received permission from the cardholder for use of the credit card for the transaction.
3.2 IPL reserves the right to terminate the Customer’s order if it learns that you have provided false or misleading information, interfered with other users or the administration of IPL’s business, or violated these terms and conditions.
Insurance and Liability
4.1 IPL shall have public liability insurance of at least two (2) million dollars, it is the Customer’s responsibility to ensure that they are similarly insured.
4.2 In the event of any breach of this contract by IPL, the remedies of the Customer shall be limited to damages. Under no circumstance shall the liability of IPL exceed the cost of Goods supplied.
4.3 While IPL provides the Goods in good faith and to the best of its ability, IPL is not liable for any costs, damages or loss suffered by the Customer as a result of omissions or inaccuracies in the information provided. The Customer accepts IPL’s Services on the basis that to the maximum extent permitted by law, any liability of IPL for the Services provided under the contract is hereby excluded. This
5.1 The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify IPL of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford IPL an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which IPL has agreed in writing that the Customer is entitled to reject, IPL’s liability is limited to either (at IPL’s discretion) replacing the Goods or repairing the Goods.
5.2 Goods will not be accepted for return other than in accordance with 5.1 above, and provided that: (a) IPL have agreed in writing to accept the return of the Goods; and
(b) the Goods are returned at the Customer’s cost within fourteen (14) days of the delivery date; and
(c) IPL will not be liable for Goods which have not been stored or used in a proper manner.
6.1 IPL has no obligation to accept the return of Goods for credit and specifically manufactured Goods will absolutely not be returned for credit whatsoever unless meeting criteria contained in clause 16.1.
6.2 IPL may (at its sole discretion) accept the return of Goods for credit but this may incur a handling fee of thirty percent (30%) of the returned Goods plus any freight charges.
6.3 If the Goods show signs of use, in the opinion of IPL, those Goods will not be eligible for return whatsoever.
7.1 For Goods not manufactured by IPL, the warranty shall be the current warranty provided by the manufacturer of the Goods. IPL shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
Consumer Guarantees Act 1993
8.1 The Customer agrees that if they are acquiring Goods for the purposes of a business (as that term is defined in the CGA), to the extent permitted by law the provisions of the CGA will not apply to the supply of Goods by IPL to the Customer.