- Recoila International Pty Ltd Terms and Conditions of Sale
- Occupational Health and Safety Code
- CE Conformity Statement
- Code of Conduct
- Website Privacy and Terms of Use
Recoila International Pty Ltd TERMS AND CONDITIONS OF SALE
Recoila International Pty Ltd, ABN 98606537553
Sales Terms & Conditions
1. GENERAL
The only contractual terms which are binding upon Recoila International Pty Ltd (herein called “the Company”) are those set forth herein
or otherwise agreed in writing by the Company and those which are imposed and which cannot be excluded by law. All other conditions, warranties, representations, statements and obligations, whether expressed or implied which would otherwise be binding on the Company are to be extended permitted by law hereby expressly excluded and negatived. Stenographic of clerical are subject to corrections.
2. DEFINITIONS
a) “date of delivery” is the date upon which goods leave the premises of the Company
b) “the monies due” includes the purchase price of goods, and delivery charges, goods and services tax and extra packaging charges, if any.
c) “the customer” means the person or entity whose order for the purchase of goods is accepted by the Company.
3. PRICE
The purchase price will be the price shown on the Company’s quotations (if given) or invoice, except where changes to Government taxes including goods and services tax subsequent to the Company’s acceptance of the Customer’s order alters the Company’s liability for such taxes, the such amount of the alteration will be to the Customer’s account. Prices are subject to change without notice.
4. CREDIT TERM
The Company's standard term for a credit account is 30 days from date of invoice.
5. QUOTATIONS
All quotations are valid for 30 days from date of the Company's quotation, unless noted in writing.
6. INDENTED AND CUSTOM-BUILT GOODS
Where the Company provides a quotation for the indent of goods or the design and fabrication of a custom-built item on the customers behalf the goods cannot be returned for credit or exchange. The Company at its discretion will request full payment on placement of order or a deposit.
7. GOODS AND SERVICES TAX (GST)
All prices expressed or described by the Company verbally or in writing are GST exclusive prices
8. PAYMENTS
Where the Company elects to sell or provide service on a credit account basis, the monies due shall be payable in accordance with the time period agreed to in the credit application. If the Customer delays making payments under the term of the contract, the Company may suspend supply or delivery of any Goods to the Customer until such payment is made.
If payment is not made in accordance with the Company’s terms and conditions, then the administration charges of 2% per month or part thereof on the monies due shall be incurred and payment shall be credited against any interest and administration charges due. The Customer will also be liable for any legal (on an indemnity basis) or other costs incurred or to be incurred by the Company in attempting to recover the outstanding amounts owed by the Customer. Accounts that have been put into debt collection will automatically be closed.
9. TITLE
Notwithstanding that risk in the goods shall pass to the Customer as herein provided, title to the goods the subject of any order shall
remain the absolute property of the Company until those goods and all other amounts owed by the Customer to the Company are paid in full. The Company shall at all times be entitled to enter the premises believed to be occupied by the Customer and recover there from the goods the subject of any order but only if there is then an existing default in the terms of payment for such goods.
10. CHARGES
In addition to the purchase price, all delivery charges, goods and services tax (GST), extra packaging and Government taxes, if any, shall be payable by the Customer.
11. DELIVERY
All goods are deemed to be delivered to the Customer at the Company’s warehouse. However, the Company will request of the Customer deliver or arrange delivery of all goods to the Customer at the Customer’s risk. If the Company agrees to ship the goods ex it’s warehouse, the Company’s delivery expenses shall be payable by the Customer. All delivery dates are estimates in respect of goods which may be
delivered after the estimated delivery date, and the Company will not be responsible if any delivery is later than the delivery date, whatever the cause.
Organising delivery transport as your agent
In the event that you request Recoila to contact or liaise with any freight or courier company to organise for them to collect the Recoila Products you have ordered and to have those products delivered to an address nominated by you, Recoila agrees to contact or liaise with that freight or courier company on the following basis: -
a) In so doing Recoila is at all times solely acting as your agent for the purposes of such collection and delivery;
b) You authorise Recoila to deal on your behalf with that freight or courier company and to place orders for the collection and or delivery of Recoila Products to your address(es);
c) You undertake to pay all charges and all amounts imposed by such freight or courier company;
d) You agree to indemnify and immediately reimburse Recoila in full in respect of any fee’s charges and other amounts which such freight or courier company may charge or seek to charge Recoila;
e) If Recoila pays any such freight or courier company it does so on your behalf and you agree to immediately reimburse Recoila in full in respect of any fees charges and other amounts paid by Recoila.
f) If the freight or courier company contact you to verify that you have appointed Recoila as your agent, you undertake to confirm that Recoil is your company’s agent for the purposes of organising collection and delivery services and the freight or courier company is to invoice you all charges and all amounts for such services.
12. RISK
Risk in the goods shall pass to the Customer at the time of delivery and the Customer will insure all goods that are in his risk.
13. ACCEPTANCE
The Customer shall be deemed to have inspected and accepted the goods where he retains them for a period of one day after the date of delivery without notifying the Company that the goods are not in accordance with the contract. Where goods are installed by the
Company, the Customer shall be deemed to have inspected and accepted them when the installation is completed.
14. LIABILITY OF THE SUPPLIER
To the extent permitted by law, no warranty, condition, description or representation on the part of the Company is given or implied or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition, description or representation, express or implied as to the state, quality or fitness of the Goods or Services is hereby expressly excluded. Nothing herein shall derogate from or exclude any warranties or conditions necessarily implied by any statute or other applicable law.
In the event that this Contract constitutes a supply of goods or services to a consumer as defined in the Australian Consumer Law, as amended, or relevant similar State or Territory legislation ("the Acts"), nothing contained in this Contract excludes restricts or modifies any condition, warranty or other obligation in relation to this Contract and the Goods and Services which, pursuant to the Acts, or any of them, is applicable or is conferred on the Customer where to do so is unlawful, in which event the Company's sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the Customer may sustain or incur, shall be limited (except to the extent specifically set forth herein) to:-
The replacement of the Goods or Services that are defective; or the repair of the Goods, as the Company may select; The Company will not be liable for any failure to deliver the Goods or Services if the failure arises as a consequence of fire, embargo, strike, inability to secure materials or labour, or any other circumstances beyond the control of the Supplier.
15. WARRANTY
All products manufactured by Recoila International Pty Ltd are warranted to be free of defects in material and workmanship for twelve (12) months from the date of invoice or delivery (whichever is earlier). Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. To make a warranty claim the Customer must return the defective Goods freight paid to the plant or service depot designated by Recoila International Pty Ltd. Recoila International Pty Ltd liability in respect of defective Goods will be limited to rectifying the defective Goods but if Recoila International Pty Ltd is of the view that they cannot be rectified, Recoila International Pty Ltd will only be liable to reimburse the purchase price for those defective Goods. All Goods being returned for assessment of warranty or for repair MUST be accompanied by a Return Goods Authority (R.G.A.) which can be obtained from Recoila International Pty Ltd. Any Goods
returned without an R.G.A. will be returned to the Customer at the Customer’s cost.
Recoila International Pty Ltd.’s warranty does not cover damage caused by accident, misuse, use in applications other than that for which the Good was designed, abuse or faulty installation. Recoila International Pty Ltd.’s products must be installed and maintained in accordance with the instruction manual furnished with each reel otherwise the warranty may not apply.
Brass swivel components –sleeve and shaft have an extended five (5) year limited warranty (applies to Gen III series reels only)
Plastic components and springs have an extended two (2) year limited warranty (applies to Gen III series only)
Hoses are not covered by our warranty as these are warranted by the respective hose manufacturers.
Motor drives gear boxes controls and other items purchased from the Company's suppliers carry the warranties supported by their respective manufacturers.
The warranty for O-rings is limited to three (3) months.
16. RETURN OF GOODS
Acceptance of the goods b the Customer shall be final and conclusive unless the Company agrees in writing to the return of the goods. In those cases, the Company will only allow the Customer credit for returned goods on the following conditions:
a) The original number and date of invoice must be quoted by the customer
b) All goods must be returned to the Company in accordance with its direction, returns 0-7 days of date of delivery incur a 5% restocking fee, 8-14 days of delivery date a 15% restocking fee applies, no credit is given after 15 days of date of delivery. Additional charges will apply to recover any freight on the delivery of the goods or in returning the goods.
c) The Company reserves the right to reject the credit on receipt of the returned goods if they are not in original saleable condition and will be returned to the customer at the customers expense.
17. CREDIT LIMIT
Notwithstanding any credit requirements requested by the Customer or any credit limit the Company may have set for the Customer, the Customer will be liable for the full amount owing on all goods ordered notwithstanding that the amount owing may exceed the credit
requirement requested or the credit limit set.
RECOILA OCCUPATIONAL HEALTH AND SAFETY CODE
Recoila International Pty Ltd has adopted The Occupational Health and Safety Code of Practice 2008 (“the Code”) which came into effect on 12 June 2008. The Code replaces 27 codes of practice. The Code is a practical guide to safe work practices and risk management in relation to specific hazards and/or hazardous activities. The Code is a guide to employers on standards of health and safety that must be achieved in the workplace in relation to those matters, hazards or hazardous activities. The aim of the Code is to ensure that adequate health and safety standards are implemented on specific OHS matters while allowing flexibility for employers to incorporate new inventions and technological changes that are most appropriate for the workplace, provided they do not reduce health and safety standards. Recoila International Pty Ltd has to comply with the Code unless it identifies another way of achieving the same or better safety standards. If Recoila International Pty Ltd determines that it can meet or better the safety standards prescribed by the Code, it can do so. The Code has to be read together with the Occupational Health and Safety Act 1991 (“the Act”) and regulations. Recoila International Pty Ltd is aware that the Code does not cover all Recoila International Pty Ltd responsibilities and that there may be additional risks at a workplace that have not been specifically addressed in the Code. Recoila International Pty Ltd shall continue to identify and assess these risks and ensure that control measures are implemented.
CE CONFORMITY STATEMENT
CE Declaration of Conformity
We,
Recoila International Pty Ltd
Unit 1/10 Melissa Place
Kings Park, NSW 2148
Australia
Phone: (61) 2 9621 8988
Fax: (61) 2 9621 7688
Declare under our sole responsibility that the product ReCoila Self-Retracting hose and cable reels
To which this declaration relates is in conformity with the following documents. ReCoila design specifications and acceptance criteria Following the provision of 98/37EC (Machinery Directive) The technical construction file is maintained at the following addresses;
1.Recoila International Pty Ltd
Unit 1/10 Melissa Place
Kings Park, NSW 2148
Australia
2.Reelcare Limited
Unit L
Tyson Courtyard
Weldon South Industrial Estate
Corby
Northamptonshire NN18 8AZ
United Kingdom
The authorized representative located within the community is:
Reelcare Limited
Unit L
Tyson Courtyard
Weldon South Industrial Estate
Corby
Northamptonshire
NN18 8AZ
United Kingdom
Tel: +44 (0) 1536 407001
Fax: +44 (0) 1536 261491
CODE OF CONDUCT
Recoila International Pty Ltd is a major force in the market for hose and cord reels. ReCoila’s success in the market place stems in part from its unparalleled relationship to suppliers as well as to its customers. ReCoila’s unique products, combined with our experience and expertise, allows it the opportunity to provide highly beneficial and highly cost efficient products to its broad range of customers. ReCoila presently serves the greater majority of the Australian market.
ReCoila strives to meet the highest standards of service in its dealings with customers, others in industry and with its own workforce. The Code aims to clearly outline the standards of behaviour and conduct expected of you as a person who is either an employee of ReCoila or else a contractor engaged by ReCoila. It will also assist you when making judgments about what are the appropriate steps to take in various situations that may confront you and it sets out some important terms of your relationship with ReCoila.
The Code applies to everyone working at ReCoila, whether you are employed or contracted, whether you are full-time, part-time, or on a temporary or casual basis. You should make sure you are familiar with the Code and use it as a reference for determining what is acceptable conduct from the corporate viewpoint. It is our policy to continuously review our Code of Conduct to make sure it reflects contemporary standards and issues. Please contact us if you would like a copy.
Michael Pawson, Managing Director
WEBSITE PRIVACY AND TERMS AND CONDITIONS OF USE
Please read before using this site:
Privacy
In the event any visitor of this web site provides any information, including, but not limited to, name, contact details, comments, or ideas, through any interactive mechanisms located herein, ReCoila may use the information to improve its services. We may use cookies to record session information to provide a better service when you return to our site. No individual information will be provided to any third-party or shared with other organizations for commercial purposes without your consent. ReCoila strives to maintain appropriate security measures in our respective physical facilities to protect against the loss, misuse or alteration of information that we have collected from you. Although ReCoila takes reasonable measures to secure our data, we cannot guarantee that the measures taken are or will remain adequate. To report any violations of this privacy policy, please contact us.
Copyright
Except where specifically noted, no information (or graphics) within the ReCoila web site may be copied, duplicated, stored or reproduced in any form without the express written consent of ReCoila. The ReCoila logo is a registered trademark. Copyright © 2007 Recoila International Pty Ltd. All Rights Reserved. All other trademarks and service marks are property of their respective owners.
Disclaimer
All information, services, products and software provided on this web site are provided "as is" without warranty of any kind, either express or implied. Any use of this information is at the user's risk. ReCoila does not accept any liability for any delays, interruptions, errors, or omissions, however occurring (including as a result of negligence) in the collecting, recording, processing, storing or dissemination of this information. This publication and features described herein are subject to change without notice.
External links
ReCoila offers links from our website to other websites, which we think may be of interest to you. ReCoila does not make any representation as to the accuracy or suitability of any of the information contained in those sites and does not accept any responsibility or liability for the conduct or content of those sites. Your use of them is at your own risk. Such websites are not governed by this privacy policy and ReCoila makes no representation as to their practices for dealing with your personal information. We recommend that you check the privacy policy of any website at the beginning of your visit. For more information about privacy in general, you can visit the Federal Privacy Commissioner's website www.privacy.gov.au