GENERAL
All orders for products will be accepted by Higgins Agencies subject to these
terms and conditions. Any person, entity or corporation placing orders for goods/products
with Higgins Agencies is bound by these terms and conditions. No other terms or
conditions will apply to the supply of products by Higgins Agencies unless they
are accepted in writing by Higgins Agencies.
PRICES
Whilst Higgins Agencies will try to maintain prices specified in the website,
Higgins Agencies reserves the right to change the price of any product without
notice. Non-website items will be sold at the prices set out in the relevant
quotations supplied by Higgins Agencies. Any prices quoted in writing by Higgins
Agencies will be for a period of 30 days from the date of the offer. All prices
specified by Higgins Agencies in the website exclude goods and services tax
(GST) and the customer must pay any applicable GST in addition to the prices
specified. Any Recommended Retail Prices are already inclusive of GST. It should
be noted that goods exported by Higgins Agencies are exempt from GST.
PAYMENT
For approved account Customers payment is due no later than 30 days from the
end of the month in which the products were invoiced, without any deductions
whatsoever. Otherwise payment by cash, credit card, subject to authorisation,
or direct deposit is required with order prior to delivery. Any subsequent refund
of orders paid for by credit card will be made to the relevant credit card account.
Cheques and postal orders must be made out Higgins Agencies. If the Customer
fails to make payment by the due date then, without prejudice to any other right
or remedy, Higgins Agencies will be entitled to cancel any unfilled order or
suspend any further deliveries until the account is in order, withdraw credit
facilities or adjust the Customer’s credit limit. If legal action is taken
to recover monies due to Higgins Agencies then Higgins Agencies reserves the
right to charge the Customer all fees incurred in such proceedings.
ORDERS
PRODUCT AND AVAILABILITY
Higgins Agencies is constantly reviewing its product range. New products are
added and Higgins Agencies reserves the right to discontinue any product or
to change its design at any time. Higgins Agencies will not be liable in any
circumstances for a failure to supply any product ordered by the Customer.
ORDER AMENDMENT, SUSPENSION AND CANCELLATION
Orders can only be modified, suspended or cancelled after prior negotiation
and agreement and the Customer must indemnify Higgins Agencies in respect of
any expenses incurred by Higgins Agencies relating to the modification or cancellation
of any order. A restocking fee of 15% will apply.
BACKORDERS – ACCOUNT CUSTOMERS ONLY
Products not in stock at the time of receipt of the order by Higgins Agencies,
will automatically be placed on backorder, unless otherwise requested.
EXPORT ORDERS
Customers are responsible at their expense for obtaining any licence and complying
with any export regulations in force within this country and the country for
which products are destined.
DELIVERY
In order to keep freight cost as low as possible, Higgins Agencies has negotiated
low freight rates based on high volume. Higgins Agencies reserves the right
to charge the freight cost to the Customer unless other arrangements have been
pre-arranged. Higgins Agencies uses these preferred carriers unless specifically
requested by the Customer. If the Customer requests a specific carrier, we cannot
guarantee access to the despatch dock without prior notice. All freight costs
for specific carriers cannot be prepaid; they must be “Freight Collect”.
For “Freight Collect”, insurance responsibility for the products
passes to the Customer once product has been passed to their carrier. Where
Higgins Agencies are unable to supply a complete order from stock, this charge
will only apply to the original despatch. All subsequent shipments to complete
the order will be sent freight free.
INSPECTION, DEFECTS AND NON-DELIVERY
The Customer must inspect the products as soon as is reasonably possible after
delivery and Higgins Agencies shall not be liable for any defect in the products
or shortages in delivery unless written notice is given to Higgins Agencies
within 7 days of delivery. Higgins Agencies does not write software comprised
in the products and it is the Customer’s responsibility to check for the
presence of computer viruses before the products are used. In the case of non-delivery,
the Customer must notify Higgins Agencies immediately the invoice is received,
otherwise no liability can be accepted. Any liability of Higgins Agencies for
non-delivery or defective products shall be limited to, at Higgins Agencies’
discretion, replacing or repairing the products within a reasonable time or
to refund any monies already paid in respect to the products. The Customer accepts
liability for all freight costs incurred in the return of products including
warranty repair or replacement of faulty goods without exception.
RETURNS
The Customer must telephone the sales office prior to returning any products.
A Return Authorisation form will be issued in approved cases and details including
the original invoice number and date of purchase must be supplied by the Customer.
Any product returned must be received by Higgins Agencies within 7 days of the
original delivery and must be undamaged and unaltered and in original packaging.
Certain products (including software, books, and batteries) are excluded from
the right of return and may not be returned under any circumstances. Products
classified as static sensitive devices will only be accepted for return in exceptional
circumstances and only where the Customer can prove to Higgins Agencies that
the products have been handled correctly. The Customer accepts liability for
all freight costs incurred in the return of products including warranty repair
or replacement of faulty goods without exception and a restocking fee of 20%
applies.
RETENTION OF TITLE
Title of goods shall only pass to the buyer following full payment of the relevant
Higgins Agencies invoice. Higgins Agencies reserves the right to reclaim these
goods from the Customer’s premises if the invoice is not paid within the
terms of this contract and the Customer hereby gives consent for the authorised
agent or representative of Higgins Agencies to enter the Customer’s premises
for this purpose. The Customer shall not have any power to mortgage, charge
or encumber the goods whilst in its possession or otherwise until payment in
full has been made.
WARRANTY
Higgins Agencies will endeavour to transfer to the Customer the benefits of
any warranty or guarantee given to it by the manufacturer of the products. Any
defects which under proper use, appear in the goods within the specified manufacturers
warranty period ( unless otherwise stated by Higgins Agencies) and which are
due to faulty materials, workmanship or design will be made good by Higgins
Agencies either by repair or at Higgins Agencies’ discretion replacement
( which is Higgins Agencies’ sole obligation and the Customer’s
sole remedy under this provision). Higgins Agencies shall not be liable for
defective goods if the defect arises because the Customer has:
i. Repaired or altered the goods without written consent of Higgins Agencies’
authorised officers or
ii. Subjected the goods to conditions outside the manufacturer’s stated
instructions on storage, usage, installation, use or maintenance.
Any goods replaced or repaired under this clause will be guaranteed on these
terms for any unexpired portion of the warranty period given on the original
products.
LIABILITY
Higgins Agencies shall not be liable to the Customer for any indirect or consequential
damages, loss, expense or claims for consequential compensation whatsoever which
arises out of or in connection with any Contract. To the fullest extent permitted
by law, the Customer releases Higgins Agencies and associated entities from
and against all liability whatsoever for any injury, loss or damage sustained
by the buyer howsoever arising.
INTELLECTUAL PROPERTY RIGHTS
Any claim from the sale which may allege infringement of trade marks, trade
names, patents, copy or property rights of other parties, shall be directed
immediately by the buyer to Higgins Agencies and the buyer will give every assistance
to Higgins Agencies in connection with such claim. The buyer will not itself,
deal with, or compromise any claim which may occur.
PRIVACY
Higgins Agencies endeavours to protect your privacy by:
• Only collecting information from those with whom we deal which is necessary
for our business to adequately service our customers.
• Except where the law says otherwise, the only external organisations
having access to this information are approved mailing houses which mail our
marketing material to our customers or credit card/credit reference companies
for finance approval.
• We do not use any personal information we have collected for any other
purposes without seeking the individual’s permission.
• We will take reasonable steps to ensure personal information is accurate
and complete by contacting our customers and updating our records on a yearly
basis.
• We will hold the information indefinitely so future marketing material
can be sent to the individual. If you do not wish to receive this material in
the future, please email the privacyyofficer@Higgins Agenciesdistribution.com.au
to have your details removed.
• Personal information will not be disclosed to any organisation or individual
who has not given a commitment to deal with such information in a way, which
is consistent with the National Privacy Principles.
• All information is securely held by the organisation to prevent tampering,
interference by outside sources or unauthorised use by employees or agents of
the organisation.
• Individuals can access the information that our organisation holds on
them in accordance with the National Privacy Principles.
• If an individual believes the information we hold on them is not accurate
they have the right to apply to the organisation to have that information corrected.
• A Privacy Officer has been appointed to assist all individuals with
requests for access to information or concerns about the handling of their information.
That person may be contacted via email privacyofficer@Higgins Agenciesdstribution.com.au
or you may forward such requests in writing to Higgins Agencies Distribution
Pty Ltd., 100 Silverwater Road, Silverwater NSW 2128.
DISCLAIMER
Specification and particulars in relation to products referred to in Higgins
Agencies’ website are subject to change without prior notice. Some photographs
contain samples units and shipment product may vary in colour and look. Higgins
Agencies will not be held liable for any errors or omissions.
FORCE MAJEURE
Higgins Agencies will not be in breach of its contact with the customer for
any delays in performing, or failure to perform, its obligations under these
terms and conditions if delays or failure were due to any cause or circumstance
beyond Higgins Agencies’ reasonable control (which shall include, but
not be limited to, government actions, war, fire, explosion, flood, acts of
terrorism, import or export regulations or embargoes, labour disputes or the
inability to obtain or a delay in obtaining supplies of products). Higgins Agencies
may, as its option delay the performance of, or cancel the whole or any part
of a Contract.
RELATIONSHIP
During the term hereof, the relationship between Higgins Agencies and the buyer
is that of vendor and purchaser. The buyer, its agents, employees, and dealers,
under no circumstances will be deemed to be agents or representatives of Higgins
Agencies, nor will any of them have the right to enter into any contracts or
commitments in the name of Higgins Agencies or otherwise to bind or commit Higgins
Agencies.
JURISDICTION
This agreement shall be governed by the law of Western Australia. The parties
to submit all disputes to the exclusive jurisdiction of the courts of Western
Australia, Australia.
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