Terms & Conditions
The prices are stated in the quotation provided by Jan Flook Lighting Pty Ltd, and
(a) Remain valid for a period of 30 days from the date of the quotation excepting variations in accordance with paragraph 2 hereof.
(b) Are based on the size and details specified in the quotation
(c) Includes packaging but does NOT include transport or sales tax unless stated
(b) Is subject to variation without notice.
A request by the customer for a variation to the quotation is to be stated in writing and will not be accepted until agreed and acknowledged in writing by Jan Flook Lighting Pty Ltd. Further, Jan Flook Lighting Pty Ltd reserves the right to vary the quotation price in accordance with any such variation.
(a) The customer is to pay 50% of the quotation price upon acceptance of the quotation with the balance payable on completion of the goods (not installment of the goods) unless otherwise agreed and acknowledged in writhing by Jan Flook Lighting Pty Ltd
(b) Interest on late payments will be charged at the rate of 1.5% per calendar month or any part thereof.
Jan Flook Lighting Pty Ltd will use its best endeavors to deliver but accepts no responsibility for any loss that may arise due to delay or failure to deliver the goods howsoever caused, including any loss due to delay or interruption of work. The customer will accept delivery of goods.
5. FAILURE TO ACCEPT DELIVERY
In the event that the customer fails to accept delivery of the goods, and / or fails to make payment in accordance with these Terms and Conditions, the customer is liable in addition to any other sums for the consequent storage, transport, delivery, and associated charges in respect of the goods.
6. OWNERSHIP OF THE GOODS
The ownership or property in goods shall not be passed to the customer until payment in full has been made to Jan Flook Lighting Pty Ltd. In the event of non-payment for the goods, the customer upon request of Jan Flook Lighting Pty Ltd Terms & Conditions shall immediately return the goods delivered at the cost of the customer and in default of the return of the goods, Jan Flook Lighting Pty Ltd may enter the premises using reasonable force to recover the goods. If the goods were resold by the customer and payment is made by a Third Party in respect of the goods before the customer has paid Jan Flook Lighting Pty Ltd for the goods on full, the customer shall hold such funds or proceeds of sale on trust for Jan Flook Lighting Pty Ltd and such funds will not have merged with any other funds of the customer. If the goods were resold by the customer, and prior to payment being made by Third Party to the customer in respect of the goods and prior to the customer having paid Jan Flook Lighting Pty Ltd for the goods in full, the customer hereby directs the Third Party to pay the sum due to Jan Flook Lighting Pty Ltd directly and further acknowledges that such funds do not form part of the funds or assets of the customer.
The customer undertakes to carefully inspect the goods upon delivery and give Jan Flook Lighting Pty Ltd written notice of damage or loss for which Jan Flook Lighting Pty Ltd may be liable within 7 days of the delivery date. The customer agrees that they will not after the expiration of 7 days from the date of delivery make any claim in respect to damage or loss which the customer ought reasonably have discovered on careful inspection of those goods at the point of delivery.
8. RAW MATERIALS
The customer may not make any claim for variation in colour or texture of raw materials including components of glass.
9. COPY RIGHT
The copy right in any goods or design produced by Jan Flook Lighting Pty Ltd will remain the property of Jan Flook Lighting Pty Ltd unless otherwise agreed and acknowledged in writing Jan Flook Lighting Pty Ltd. The customer undertakes to not enter into any agreement with a Third Party which would infringe the copyright of Jan Flook Lighting Pty Ltd.
Any required notice shall be given in writing and is effective if sent by prepaid post to the customers address as stated on the quotation or any last know subsequent last known address.
These Terms and Conditions shall be governed and construed in accordance with the Law of Victoria regardless of where the contact was made and any proceedings in respect to any mater or thing arising out of any agreement with Jan Flook Lighting Pty Ltd shall be instituted or carried out in the state of Victoria only.
These terms and conditions apply to and from part of any agreement with Jan Flook Lighting Pty Ltd and will be deemed to have been accepted in their entirety upon placement of orders or requests for goods unless otherwise agreed and acknowledged in writing by Jan Flook Lighting Pty Ltd