1. General
1.1. NXT Components may accept or reject any order for Products.
1.2. Acceptance of an order may be in full or partially, by delivery of the relevant Products or in such other manner communicated by NXT Components to the Customer, including where the Products are backordered. Where the order value is less than $55.00 (inclusive of GST), NXT Components may apply a handling fee of $10.00
(inclusive of GST). Notwithstanding that acceptance of an order has been communicated to the Customer,
1.3. NXT Components may in its complete discretion refuse to supply the Products (or such part of the Products) at any time. Without limiting any other provision of these Terms, NXT Components is not liable for any loss or claim or consequential damages suffered by the Customer as a consequence of NXT Components taking such action.
1.4. Any quotation or tender submitted by Supplier shall remain valid for 30 days from the date of such quotation or tender.
1.5. The placing of an order by a purchaser for the supply by Supplier of goods and/or services shall constitute an acceptance by the purchaser of these Terms of Sale.
1.6. NC is a business-to-business supplier. The NC website is intended for use by business customers and not by private individuals acting as consumers(“Consumers”). Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.
2. Price
2.1. The prices of the Products and Services mays set out on the NXT COMPONENTS website. NXT COMPONENTS reserves the right to change prices without prior notice at any time. Up-to-date information can be found on the NXT COMPONENTS website.
2.2. The price of an ordered Product or Service will be as set out on the NXT COMPONENTS website at the time of order acceptance by NXT COMPONENTS, except for products or services ordered for delivery at a future specified date (“forward orders”). The price for forward orders may be varied by NXT COMPONENTS after the date of order acceptance by written notice to the Customer.
2.3. All prices exclude GST, which NXT COMPONENTS will add at the rate applicable at the date of order acceptance. If GST applies to any supply the Customer must pay an additional amount equal to the amount of GST. NXT COMPONENTS will provide a GST-compliant tax invoice within 28 days of a request. “GST” means the goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
2.4. The prices of Extended Range products are as set out on the NXT COMPONENTS website, unless agreed in writing with an authorized representative of NXT COMPONENTS.
2.5. The prices quoted by Supplier include the cost of packing the goods in accordance with Supplier’s standard practice. If the purchaser requires the goods to be provided in any other manner the cost of the packing shall be the responsibility of the purchaser. Supplier will not be liable for any damage or loss occurring as a result of goods.
2.6. The risk of loss or damage to goods shall pass to the purchaser at the time of delivery. Supplier is not liable to the purchaser for any loss or damage or deterioration of the goods after delivery.
2.7. Any delivery or completion date stated by Supplier is to be used as an estimate only. Supplier shall make all reasonable efforts to meet any date for supply of goods and/or services agreed between Supplier and the purchaser.
3. Delivery
3.1. Unless otherwise agreed, where the purchaser has nominated an address for delivery, Supplier shall deliver the goods to that nominated address.
3.2. Supplier shall not be responsible for unloading goods at the point of delivery (c) The purchaser undertakes to provide adequate and proper facilities for the reception and storage of goods and warrants that those facilities comply with all relevant statutes or regulations, including health and safety regulations, and that all necessary permits and licenses have been obtained.
3.3. Where goods are delivered to a nominated address, Supplier shall be deemed to have delivered the goods in accordance with the Agreement if it obtains a receipt or signed delivery docket for the goods from any person at that address.
3.4. If a nominated address is unattended or if delivery cannot otherwise be affected or the goods cannot be dispatched due to any act of nature, matter or thing beyond the control of Supplier, Supplier in its sole discretion may store the goods at the purchaser’s risk and expense or take such other steps as it considers appropriate in the circumstance.
3.5. Supplier reserves the right to refuse to supply goods and/or services under an Agreement if a purchaser is in default of any of its payment obligations under any one or more Agreements.
3.6. Supplier may supply goods and/or services in instalments and these Terms of Sale shall apply to each and every supply of goods and/or services.
3.7. The risk of loss or damage to goods shall pass to the purchaser at the time of delivery. Supplier is not liable to the purchaser for any loss or damage or deterioration of the goods after delivery. Any delivery or completion date stated by Supplier is to be used as an estimate only. Supplier shall make all reasonable efforts to meet any date for supply of goods and/or services agreed between Supplier and the purchaser. Where a delay to supply goods and/or services occurs, in no event shall Supplier incur any liability for failure to supply goods and/orservices by an agreed time.
4. Payment
4.1. If NXT COMPONENTS has not granted credit to the Customer, payment terms are cash with order.
4.2. Credit terms (subject to satisfactory references and at NXT COMPONENTS’s absolute discretion) are available. If credit has been granted, on acceptance of a customer’s order, NXT COMPONENTS will issue that Customer with an invoice. The Customer shall pay the price of the product or service by the 30th day from the date of Invoice. All payments must be made without any set-off, deduction or counterclaim.
4.3. If any sum is not paid on the due date for payment, then, without prejudice to any other right or remedy: all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and the Customer will be liable to pay all expenses and legal costs incurred by NXT COMPONENTS in relation to obtaining or seeking to obtain an appropriate remedy; and
4.4. NXT COMPONENTS may charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 2 per cent per annum above the Reserve Bank of Australia’s published official interest rate, compounded monthly.
5. Warranty & Indemnity
5.1. Errors and misprints in computation, typing or otherwise in the Company’s documents including catalogues, price lists, delivery docket, tax invoice, Quote or statement or credit note shall be subject to correction by the Company by means of reissue of the document or by adjusting dockets with reference to the original transaction.
5.2. The Customer acknowledges that where the Company is a wholesaler or reseller of the Goods, it does not hold sufficient technical expertise or skills to evaluate a Customer’s requirement or orders.
5.3. Warranties and provisions that may be implied by the Competition and Consumer Act 2010 and any other legislation are expressly excluded except to the extent that exclusion is prohibited by the legislation and this overrides these terms.
5.4. To the extent permitted by law, unless otherwise set out in these Terms, the Company gives no warranty whatsoever in relation to the Goods sold to the Customer, whether in regard to the quality of the Goods, fitness of the Goods for any purpose or the compliance of the Goods sold with any description or sample produced by either party to the other at any time, whether prior to, at the time of or subsequent to the Customer placing an order for the Goods with the Company, or otherwise. The Customer warrants that the Goods will be installed and used:
5.4.1. only in applications for which the Goods were manufactured and are able to be satisfied by the Goods specifications; and in accordance with all manufacturer’s instructions and industry standards including being fully tested as safe prior to use.
5.5. To the extent permitted by law, unless otherwise set out in these Terms, the Company’s liability under:
5.5.1. any claim that the Customer has or may have against the Company in relation to a Good supplied by the Company, whether that claim is based in contract, common law or statute or otherwise, including law relating to negligence by the Company; or
5.5.2. any implied term, condition or warranty which has not been excluded, is limited, at the option of the Company, to the repair by the Company of the Good, the re-supply by the Company of the Good or the refund of the price paid by the Customer for the Good giving rise to liability.
5.6. The Company shall not be liable for: any economic loss, including loss of profits or wasted expenditure, or any loss of goodwill, customers or any incidental, special or consequential loss arising out of or connected to the supply (or non-supply) of Goods by the Company; damage suffered by the Customer, including damage to property or personal injury, arising from the supply of Goods.
5.7. In no case will the Company incur liability for any loss or damage exceeding the sale price of the Goods paid by the Customer for the Goods nor on account of losses or damages suffered by the Customer including loss of profit, damage to property or personal injury arising from that supply or that agreement, whether arising directly, incidentally or consequently.
5.8. All information contained in any documents, catalogues, price lists, photographs, brochures and other illustrations or advertising material and drawings represent generally the subject matter of the Goods and will not be taken as necessarily representing the Goods the subject of any quotation or order and will not form part of any contract or agreement for supply.
5.9. Except as otherwise expressly provided in these Terms, the Customer releases the Company from all actions, claims, demands, losses, liability, damages and expenses arising from or in relation to the supply of the Goods and indemnifies the Company for any loss or liability that the Company may suffer (including the legal costs on an indemnity basis in defending or prosecuting any claim) arising from the use by the Customer of the Goods or a breach of these Terms including warranties by the Customer.
5.10. Any advice, recommendation, information, assistance or service provided by the Company in relation to Goods sold by it or their use or application, is given in good faith. However, any advice, recommendation, information, assistance or service provided by the Company in relation to any Goods is provided without liability or responsibility on the part of the Company.
6. Claims
6.1. The purchaser may have rights against Supplier if the goods and/or services supplied by Supplier fail to meet a consumer guarantee under the Australian Consumer Law (“ACL”). This may include the right to a repair, replacement or refund. To the extent permitted by the ACL, Supplier’s liability for any such loss or damage shall be, at Supplier’s option limited to, the replacement or repair of goods or the cost of such goods to be replaced or repaired.
6.2. The purchaser must notify Supplier in writing within 3 days of delivery if the goods delivered to the purchaser do not match the order.
6.3. The purchaser must notify Supplier immediately in writing of any defect in the goods received. The purchaser may not be entitled to a refund or replacement under the ACL if the good is not rejected within a reasonable period, the purchaser has lost, destroyed or disposed of the good, or the good has been damaged after delivery.
6.4. Goods may only be returned for credit upon the written agreement of Supplier and within 30 days from the date of the original invoice. In all cases the original invoice must be quoted and return freight must be prepaid by the purchaser.
6.5. All goods returned for credit must be in their original pack and in a re-saleable condition
6.6. Supplier reserves the right to charge a justifiable amount covering expenses of supplier’s expenses for such return as a restocking fee on goods accepted for credit.
6.7. Goods specifically ordered by Supplier for the purchaser will not be accepted for credit.
6.8. Cable specifically cut by Supplier for the purchaser will not be accepted for credit.
7. Privacy Policy
7.1. The Customer hereby agrees to the terms of the Company’s privacy policy
