1. Definitions
1.1. “Seller” shall mean Guitar Sauce and its successors and assigns.
1.2. “Buyer” shall mean the buyer or any person acting on behalf of and with the authority of the buyer.
1.3. “Guarantor” means that person (or persons), or entity who agrees
herein to be liable for the debts of the Buyer if a Limited Liability
Seller on a principal debtor basis.
1.4. “Goods” shall have the same meaning as in section 2 of the Sale of
Goods Act 1908 and are goods supplied by the Seller to the Buyer (and
where the context so permits shall include any supply of Services as
hereinafter defined).
1.5. “Services” shall mean all services supplied by the Seller to the
Buyer and includes any advice or recommendations (and where the context
so permits shall include any supply of Goods as defined supra).
1.6. “Price” shall mean the cost of the goods as agreed between the Seller and the Buyer subject to clause 4 of this contract.
2. Acceptance
2.1.
Any instructions received by the Seller from the Buyer for the supply
of Goods shall constitute acceptance of the terms and conditions
contained herein.
2.2. Where more than one Buyer has entered into this agreement, the
Buyers shall be jointly and severally liable for all payments of the
Price.
2.3. Upon acceptance of these terms and conditions by the Buyer the
terms and conditions are irrevocable and can only be rescinded in
accordance with these terms and conditions or with the written consent
of the manager of the seller.
3. Goods / Services
3.1. The Goods and/or Services are as described on the invoices, quotation, work authorisation or any other work commencement forms as provided by the Seller to the Buyer.
4. Price & Payment
4.1.
At the Sellers sole discretion the Price shall be as indicated on
invoices provided by the Seller to the Buyer in respect of Goods
supplied.
4.2. Time for payment for the Goods/Services shall be of the essence and
will be stated on the invoice, quotation or any other order forms. In
the event of orders sent by email the Seller may withhold delivery of
the Goods until the Buyer has paid for them, in which event payment
shall be made before the delivery date.
4.3. Work will not commence on any wiring harness or other product until full payment has been received from the Buyer.
4.4. Payment will be made by cash, or by credit card, or by Paypal, or
by direct credit, or any other method as agreed to between the Buyer and
the Seller.
4.5. The Prices on this website are in Australian dollars and inclusive
of GST. Any additional charges will be notified separately in any
quotation given by the Seller.
5. Delivery Of Goods
5.1.
Delivery of the Goods shall be made to the Buyer’s address. The Buyer
shall make all arrangements necessary to take delivery of the Goods
whenever they are tendered for delivery, or delivery of the Goods shall
be made to the Buyer at the Sellers address.
5.2. Where there is no agreement that the Seller shall send the Goods to
the Buyer, delivery to a carrier at limited carrier’s risk at the
expense of the Buyer is deemed to be delivery to the Buyer.
5.3. The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
5.4. The Seller shall not be liable for any loss or damage whatever due
to failure by the Seller to deliver the Goods (or any of them) promptly
or at all.
6. Risk
6.1. If the Seller retains property in the Goods nonetheless all risk for the Goods passes to the Buyer on delivery.
6.2. If any of the Goods are damaged or destroyed prior to property in
them passing to the Buyer, the Seller is entitled, without prejudice to
any of its other rights or remedies under these terms and conditions
(including the right to receive payment of the balance of the Price for
the Goods), to receive all insurance proceeds payable in respect of the
Goods. This applies whether or not the Price has become payable under
these terms and conditions. The production of these terms and conditions
by the Seller is sufficient evidence of the Seller’s rights to receive
the insurance proceeds without the need for any person dealing with the
Seller to make further enquiries.
7. Defects & Returns
7.1.
The Buyer shall inspect the Goods on delivery and shall within seven
(7) days of delivery notify the Seller of any alleged defect, shortage
in quantity, damage or failure to comply with the description or quote.
The Buyer shall afford the Seller an opportunity to inspect the Goods
within a reasonable time following delivery if the Buyer believes the
Goods are defective in any way. If the Buyer shall fail to comply with
these provisions the Goods shall be conclusively presumed to be in
accordance with the terms and conditions and free from any defect or
damage.
7.2. For defective Goods which the Seller has agreed in writing that the
Buyer is entitled to reject, the Seller’s liability is limited to
either (at the Seller’s discretion) replacing the Goods or repairing the
Goods provided that:
(a) the Buyer has complied with the provisions of clause 8.1;
(b) the Goods are returned at the Buyers cost within seven (7) days of the delivery date;
(c) the Seller will not be liable for Goods which have not been stored or used in a proper manner;
(d) the Goods are returned in the condition in which they were delivered
and with all packaging material, brochures and instruction material in
as new condition as is reasonable possible in the circumstances.
7.3. The Seller may (in its discretion) accept the Goods for credit but
this may incur a handling fee of 20% of the value of the returned Goods
plus any freight.
8. Warranty
8.1. For Goods not manufactured by the Seller the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall be under no liability whatsoever except for the express conditions as detailed and stipulated in the manufacturers warranty.
9. Support
9.1.
Lifetime support is only offered on wiring harnesses built and supplied
by the Seller. Support is not offered on individual parts or parts from
other manufacturers or suppliers.
9.2. Lifetime support is only offered to the original Buyer.
9.3. Lifetime support only covers the installation, setup and
maintenance of the wiring harnesses originally purchased from the
Seller. Any alterations, additions, subtractions or modifications made
to the wiring harness by the Buyer are not covered.
10. Default & Consequences Of Default
10.1.
Without prejudice to any other remedies the Seller may have, if at any
time the Buyer is in breach of any obligation (including those relating
to payment), the Seller may suspend or terminate the supply of Goods to
the Buyer and any of its other obligations under the terms and
conditions. The Seller will not be liable to the Buyer for any loss or
damage the Buyer suffers because the Seller exercised its rights under
this clause.
10.2. In the event that any money payable to the Seller becomes overdue,
or in the Seller’s opinion the Buyer will be unable to meet its
payments as they fall due then without prejudice to the Seller’s other
remedies at law (i) the Seller shall be entitled to cancel all or any
part of any order of the Buyer which remains unperformed in addition to
and without prejudice to any other remedies; and
(ii) all amounts owing to the Seller shall, whether or not due for payment, immediately become payable.
11. Title
11.1.
It is the intention of the seller and agreed by the Buyer that property
in the goods shall not pass until (a) The Buyer has paid all amounts
owing for the particular Goods, and
(b) The Buyer has met all other obligations due by the Buyer to the
Seller in respect of all contracts between the Seller and the Buyer, and
that the Goods, or proceeds of the sale of the Goods, shall be kept
separate until the Seller shall have received payment and all other
obligations of the Buyer are met.
11.2. It is further agreed that:
(a) until such time as ownership of the Goods shall pass from the Seller
to the Buyer the Seller may give notice in writing to the Buyer to
return the Goods or any of them to the Seller. Upon such notice the
rights of the Buyer to obtain ownership or any other interest in the
Goods shall cease.
12. E&OE
While every attempt is made to ensure the information provided is accurate, specifications change from time to time and we are not liable for any omissions or errors.