Terms & Conditions

Baxters Pty Ltd
ABN 28 005 204 044
General Terms & Conditions of Sale

Competitions

Terms

The purchaser shall pay the price and all other monies in respect of the sale including any applicable delivery charges and taxes in full in cash on delivery unless the purchaser is an approved credit customer. Payments made using Amex or Diners will attract a 3% surcharge. Approved credit customers agree to pay accounts in full without deduction within 30-days of the end of the month of sale and in the event of default to pay all reasonable administration, legal and bank fees arising as a result of failing to pay their account in full by the due date together with interest on the amount outstanding from time to time at the rate of 15% per annum calculated from the due date.

Baxters Pty Ltd (hereafter “Baxters”) may withdraw credit facilities or vary the terms applicable for any customer at any time.

Returns Policy

Goods will only be considered for credit when they are returned in good and resaleable condition together with the original packaging and a copy of the Baxters invoice on which the goods were supplied. A restocking fee of 10% applies to all goods returned for credit. Goods will only be considered for credit when returned within 21-days of purchase.  Requests for credit will be rejected if the product(s) are found to be shop soiled, priced or tagged, broken, damaged or altered in any way by the customer, specifically made, treated or cut to length, specifically purchased for the customer, incomplete or if the product has been fitted or tamper proof seals are broken. The purchaser agrees to pay all freight and other charges to return the goods to Baxters premises and Baxters will not accept any goods sent, or pay for, freight forward deliveries.
All claims for shortages or incorrect supply must be made within 2 business days of receipt of goods by the purchaser quoting the relevant invoice number.

Title

Baxters retains title to and property in all goods supplied by Baxters until such time as the purchaser has paid in full all debts outstanding by the purchaser to Baxters. The purchaser agrees to provide Baxters with access to any premises where Baxters goods are located to enable Baxters to recover possession of those goods whilst outstanding amounts remain unpaid.

Freight

Unless the purchaser makes arrangements to collect goods ordered from Baxters premises, Baxters will deliver the goods to the purchaser and the purchaser shall pay a delivery charge at Baxters prevailing rate for the purchaser’s area at the date of sale.

Risk in the goods passes to the purchaser on collection from Baxters or on despatch as the case may be.

Warranty

All products supplied by Baxters are warranted to be free of defects in materials and workmanship under normal use and service. The length of the warranty period may be determined by reference to the Warranty Period Schedule below.

The warranty period commences on the date of sale of the product by Baxters and is not transferable.

Note – warranty is void if manufacturers and or Baxters labels are removed or tampered with.

All claims under this warranty must be made within the relevant warranty period by returning the product to Baxters at the purchasers expense accompanied by a properly completed warranty claim form together with evidence of purchase. Failure to provide the necessary information will result in denial of claim.

Compliance with these requirements is a fundamental pre-condition to the application of this warranty.

This warranty does not apply to failure or damage to a product caused by incorrect or faulty fitment, accidental or intentional damage, failure of other products, incorrect application or repair, contamination by foreign materials or modification carried out by anyone other than Baxters. Also excluded from this warranty are parts subject to normal wear (e.g. brushes).

Baxters liability pursuant this warranty shall be limited to Baxters in its discretion either repairing or replacing the defective product or providing a credit or refund of its invoiced price and shall in no case include any consequential or other costs or losses or the costs of removal or refitting of any part. In no event shall the liability of Baxters exceed the price of goods supplied by Baxters.

The purchaser acknowledges that the purchaser has a specialised knowledge of the products supplied by Baxters and has ordered appropriate products and not relied on Baxters to advise or assist in the selection of products or their fitment or application.

This warranty supersedes all previous Warranty Policies issued for Baxters Pty Ltd.

Exclusions and Limitations

All other warranties and implied terms as to fitness or quality of the products sold are expressly excluded except to the extent that they cannot lawfully be excluded.

No servant, agent or contractor of Baxters has any authority to alter any terms and conditions of this policy.

This Agreement constitutes the entire agreement between Baxters Pty Ltd and the purchaser with respect to the sale of products to the purchaser. All prices, items and conditions of sale are subject to alteration without notice.