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FIXTECH PTY LTD - PRODUCT WARRANTIES

1. MARINE & TRANSPORT

2. CONSTRUCTION

Fixtech Pty Ltd ABN 48 096 399 361

1.Marine & Transport Warranty

FIXTECH MARINE & TRANSPORT ADHESIVE SEALANT AND CAULKING PRODUCT WARRANTY
Period of warranty: This warranty extends for a period of twelve (12) months from the time of sale of the product and is subject to compliance with the Conditions of Sale of each product.
Conditions of Sale: This warranty must be read in conjunction with the Conditions of Sale for each product. For the product to be covered by this warranty the Conditions of Sale and of this warranty must be complied with.
Notifications of Application: It is an essential condition of this warranty that the Purchaser notifies Fixtech in writing via facsimile or email when the product is applied or used within five (5) business days. The notification must include where the Fixtech product has been used and must include the customer's name, location, date product applied, batch number(s), estimated square meters or volume/units consumed, temperature and estimated humidity. In the absence of such notification at the time of use Fixtech may deny liability.
Extent of Cover: Where customers have fully complied with the conditions of sale for the product including proper storage, maintenance and application of the product in the event of product failure Fixtech will replace the product at no cost to the purchaser or provide a full refund to the purchaser.
Fixtech accepts no liability for any consequent damage, or replacement or other costs or damage to the maximum extent provided under the applicable Consumer Law.
All claims are limited to the invoice value for faulty product used.
Fitness for Purpose: Purchasers must determine whether the product is fit for the purpose and application for which they intend to use the product. Purchasers need to refer to the product descriptions, Technical Data Sheets (TDS) Material Safety Data Sheets (MSDS) and Instructions for Use provided by Fixtech. These are also available through the website www.fixtech.com.au. Fixtech accepts no liability where a product has been used for an inappropriate purpose or application.
Where consumers have any questions, doubts or uncertainties about any particular application for a product they should discuss their proposed use with a Fixtech representative and reach an agreement about its suitability for a particular application.
Faulty, Inadequate or Inferior Substrates, Workmanship or Use: This Warranty will not apply if detachments or other defects in the work carried out occur as a consequence of a faulty building structure, an inferior substrate, inferior workmanship or application of loads that exceed the potential of the product capacity, or that occur while the purchaser or the purchaser's clients have not complied with all applicable directions, or have followed different directions in connections with the application of the product.
WARNING
Use of Cleaners:
Cleaners must be inside the pH range greater than 4.5 and less than 8.
Cleaners that have an alkalinity greater than pH 8 or an acidity lower than pH 4.5 must not be used. Citric based cleaners must not be used.
Organic solvents such as acetone, mineral spirit or turpentine must not be used
ALL SUCH CLEANERS CANNOT BE USED.
Purchasers need to be aware that adhesive sealants are sensitive to cleaners. These products may be damaged by the use of inappropriate cleaners. Fixtech does not recommend the use of detergents, cleaners and other chemicals. These may damage the adhesive sealant. Where any such product has been used accidentally the surface should be washed thoroughly with fresh water and the cleaner should not allowed to dry.
Fixtech recommends that its products are cleaned with fresh and/or salt water. The final wash should be fresh water.
Storage: Fixtech products should not be stored at temperatures greater than 25oC for extended periods. The warranty will not apply where Fixtech products are stored for periods greater than six (6) months. Stored product must be rotated at intervals not greater than four (4) weeks.
In addition purchasers must comply with storage conditions specified for any particular Fixtech product.
Notifications:
Damage on Delivery: Any damage to product caused by delivery must be noted on the delivery documents at the time of the delivery. The purchaser has seven (7) after delivery to file a written claim or in the case of international sales fourteen (14) days if the sale originates from outside Australia. Damaged product must be returned or recoverable by Fixtech.
Product Failure: Fixtech must be notified in writing within five (5) business days of the purchaser becoming aware of any product failure.
Fixtech must be given reasonable opportunity to inspect any such failure prior to any restoration work being undertaken: Where Fixtech has not been such opportunity to inspect faulty product prior to restoration Fixtech will deny any liability.
Payment for Product: The occurrence whether actual, perceived, or potential of any product damage or failure does not give the purchaser the right to decline payment. Fixtech may deny liability where product remains unpaid or payment remains partially or completely outstanding.
No Extension of Warranty: Fulfilment of the warranty by Fixtech will not lead to any extension to or renewal of the original warranty period.

Third Parties: This warranty extends to third parties and the warranty may be enforced by third parties against Fixtech provided all conditions of the warranty have been complied with.
Process To Make a Claim:
a. Claimant must contact Fixtech by email or facsimile and provide proof of purchase. Claimant must advise Fixtech where the product was purchased, the date of purchase and the product batch number(s).
b. Claimants must allow Fixtech reasonable opportunity to inspect the faulty product in situ before undertaking any removal or restoration work.
c. A Fixtech representative must attend the complaint, examine all details, take photos and record time spent, location and any batch numbers.
d. Samples of failed product may be collected by the Fixtech representative at the site for further inspection and testing.
e. Where Fixtech is satisfied there may be grounds for a claim Fixtech will,at its discretion, forward the claim to its Product Liability Insurer or Fixtech may agree to settle the claim itself directly.
Warranty limit: To the maximum extent permitted by law Fixtech's liability is limited to the value of the invoiced amount for the product in the alternative Fixtech may replace the product at its own cost.

 

2. Construction Warranty

FIXTECH CONSTRUCTION ADHESIVE SEALANT PRODUCT WARRANTY
Period of warranty: This warranty extends for a period of 10 years from the time of sale of the product.
Conditions of Sale: This warranty must be read in conjunction with the Conditions of Sale for each product. For the product to be covered by the warranty the Conditions of Sale and of the warranty must be complied with.
Notifications of Application of Product: where a Purchaser applies more than ten (10) tubes of product the Purchaser must notify Fixtech in writing via facsimile or email when the product is applied or used within five (5) business days. The notification must include; the location, date applied, batch number(s) and estimated numbers of tubes.
In the absence of such notification at the time of use Fixtech may deny liability for large applications.
Extent of Cover: Where customers have fully complied with the conditions of sale for the product including proper storage, maintenance and application of the product in the event of product failure Fixtech will replace the product at no cost to the purchaser or provide a full refund to the purchaser.
Fixtech accepts no liability for consequent damage, removal or replacement or other costs or damage to the maximum extent provided under the applicable Consumer Law.
All claims are limited to the invoice value for faulty product used.
Fitness for Purpose: Purchasers must determine whether the product is fit for the purpose and the application for which they intend to use the product. Purchasers need to refer to the product descriptions, Technical Data Sheets (TDS) Material Safety Data Sheets (MSDS) and Instructions for Use provided by Fixtech. These are also available through the website www.fixtech.com.au. Fixtech accepts no liability where a product has been used for an inappropriate purpose or application.
Where consumers have any questions, doubts or uncertainties about any particular application for a product they should discuss their proposed use with a Fixtech representative.
Faulty, Inadequate or Inferior Substrates, Workmanship or Use: This Warranty will not apply if detachments or other defects in the work carried out occur as a consequence of a faulty building structure, an inferior substrate, inferior workmanship or application of loads that exceed the potential of the product capacity, or that occur where the purchaser or the purchaser's clients have not complied with all applicable directions, or have followed different directions in connections with the application of the product.
Storage: Fixtech products should not be stored at temperatures greater than 25C for extended periods. The warranty will not apply where Fixtech products are stored for periods greater than six (6) months. Stored product must be rotated at intervals not greater than four (4) weeks.
In addition purchasers must comply with storage conditions specified for any particular Fixtech product.
Notifications:
Damage on Delivery: Any damage to product caused by delivery must be noted on the delivery documents at the time of the delivery. The purchaser has seven (7) after delivery to file a written claim or in the case of international sales fourteen (14) days if the sale originates from outside Australia. Damaged product must be returned or recoverable by Fixtech.
Product Failure: Fixtech must be notified in writing within five (5) business days of the purchaser becoming aware of any product failure.
INSPECTION
Fixtech must be given reasonable opportunity to inspect any such failure prior to any restoration work being undertaken. Where Fixtech has not had such opportunity to inspect faulty product prior to restoration Fixtech will deny any liability.
Payment for Product: The occurrence whether actual, perceived, or potential of any product damage or failure does not give the purchaser the right to decline payment. Fixtech may deny liability where product remains unpaid or payment remains partially or completely outstanding.
No Extension of Warranty: Fulfilment of the warranty by Fixtech will not lead to any extension to or renewal of the original warranty period.
Third Parties: this warranty extends to third parties and the warranty may be enforced by third parties against Fixtech provided all conditions of the warranty have been complied with.
To Make a Claim:
a. Claimant should contact Fixtech by email or facsimile and provide proof of purchase. Claimant must advise Fixtech where the product was purchased, the date of purchase and the product batch number(s).
b. Claimants must allow Fixtech reasonable opportunity to inspect the faulty product in situ before undertaking any removal or restoration work.
c. Where Fixtech is satisfied there may be grounds for a claim Fixtech will, at its discretion, forward the claim to its Product Liability Insurer Or Fixtech may agree to settle the claim itself directly.

 

 


FIXTECH PTY LTD - CONDITIONS OF SALE

Fixtech Pty Ltd ABN 48 096 399 361


1. TERMS OF PAYMENT
Time for payment of the price for any Supply is of the essence in any contract. If the Seller:
(a) accepts an order, and Seller has not agreed in writing to extend credit to the Buyer, the Buyer must pay the amount to the Seller in full on delivery of the goods or service; or (b) the Buyer shall pay in full for all Goods and/or Services supplied by the Seller by not later than 30 days from the last day of the same month following the date of the Seller's invoice statement, unless otherwise agreed in writing by the Seller.
In the event that the Buyer fails to make any payment when due, then without affecting any other provision of these Conditions or otherwise, interest shall accrue on the amount of the amount unpaid at a rate equal to 3% calculated monthly from the date payment of the unpaid amount was due. In addition, all amounts owing by the Buyer to the Seller on any account shall immediately become due and payable. The Buyer will be held liable for all cost incurred in the recovery of the debt. By accepting the Credit Agreement Owners, Partners, Directors acknowledge they are liable for any and all monies due to Fixtech by the Entity in the event that the Entity defaults on payments, irrespective of whether the Owners, Partners, Directors actually signed the application or whether an employee completed the application on their behalf.
The parties agree, in relation to the supply of Goods by the Seller to the Buyer, that a contract of sale is formed by these Terms and Conditions and any Order issued by the Seller relating to Goods if the Buyer so agrees in writing or the Buyer accepts delivery of those Goods or makes any payment for those Goods.
2. PRICES OF GOODS AND/OR SERVICES
a) The price of Goods and/or Services shall be the then current price charged by the Seller as at the date of delivery of the Goods and/or Services, subject to any increases in accordance with paragraph 2(c).
b) The price of Goods and/or Services shall not, unless otherwise stated by the Seller, include GST.
c) Unless already included in the price of Goods and/or Services, the Seller may add to the price of any Goods and/or Services:
(i) any amount which the Seller is required to pay on account of any excise duty or any charges which may be established or levied by any governmental authority (domestic or foreign) thereupon or on any part thereof or in connection therewith:
(ii) any transportation and delivery costs; and
(iii) an amount that reflects any relevant increase in exchange rates, transportation costs and the cost of labour and materials.
3. RETURNS OF GOODS
a) Goods not of merchantable quality will not be accepted for return by the Seller.
b) In respect of Goods sold which are of merchantable quality:
(i) The Seller shall be at liberty to accept Goods for return within fourteen (14) days from date of delivery. Acceptance of Goods returned for credit does not imply agreement to issue a credit note. A credit note will only be issued if the returned Goods are in original packs and found to be satisfactory by the Seller in saleable condition.
(ii) Where incorrectly ordered Goods are returned or Goods are returned outside clause 3(b) (i) above, freight will be at the Buyer's expense. Such returns will be subject to a surcharge as follows:
(1) Up to 30 days 10% of the net invoice value; or
(2) Over 30 days 15% of the net invoice value.
4. MINIMUM ORDERS
All deliveries of Goods and/or Services will be subject to a delivery charge.
5. TITLE
a) Property in the Goods shall not pass to the Buyer unless and until payment in full of all monies due by the Buyer to the Seller relating to the sale of the Goods has been received by the Seller.
b) Until full payment for Goods has been received by the Seller:
(i) the relationship between the parties shall be fiduciary and the Buyer will hold such Goods as
bailee;
(ii) the Buyer shall hold and store the Goods in such a manner as clearly identifies the Goods as
being the property of the Seller; and
(iii) the Seller may, without prejudice to any of its other rights, inspect, search for, remove and retake and resume possession of any of the Goods or any new products into which such Goods have been incorporated and, the Buyer hereby grants to the Seller, its servants and agents, leave and license to enter upon the Buyer's premises, or any other place occupied by the Buyer where the Goods may be, at any time without prior notice, using reasonable force if necessary, for that purpose if:
(A) there is any breach of any of these Terms and Conditions of Sale or any other contract between the Seller and the Buyer; or
(B) the Buyer takes any action that could result in his being made bankrupt or an arrangement under Part X of the Bankruptcy Act 1966 is invoked against the Buyer or the Buyer is wound up or is placed under official management, or a receiver, or a receiver and manager, or a voluntary administrator is appointed in respect of the Buyer its undertaking or property or any part thereof, or an encumbrancer, by itself or by an agent, take possession of the Buyer's undertaking or property or any part thereof; or
(C) the Buyer parts with possession of the Goods or any of them otherwise than by way of sale to a Buyer in the ordinary course of its business.
d) If the Goods or part thereof, or any new products into which the Goods have been incorporated, are sold by the Buyer, the Buyer shall hold so much of the proceeds of such sale as equals the unpaid price payable to the Seller, in a separate account, on trust for the Seller. The Seller has a right to trace the proceeds of any such sales in accordance with equitable principles.
e) If the Goods have been incorporated into a new product, the Seller shall be entitled to sell such new product at such price as the Seller in its discretion may decide and to retain so much of the proceeds of sale as is equal to the unpaid price payable to the Seller.
f) The Seller may recover the price of the Goods by action, and may apply to wind up or bankrupt the
Buyer, if the Goods are not paid for within the Seller's usual credit terms, not withstanding that property in the Goods has not passed to the Buyer.
g) These provisions apply notwithstanding any arrangement under which the Seller provides credit to the Buyer. To the extent that there is any inconsistency, these provisions prevail.
6. BUYER'S INSPECTION
The Buyer shall inspect all Goods and/or Services upon delivery of the Goods or completion of the Services, as the case may be, and shall report in writing to the Seller within 30 days of the date of delivery any alleged defects in the Goods and/or Services with details of the relevant invoice number and a description of the alleged defects. Unless Goods and/or Services are so rejected within that 30 day period, such Goods and/or Services will be deemed to comply with any specification of the Buyer.
7. SELLER'S LIABILITY
a) The Buyer must use the Goods, howsoever acquired, in accordance with any instructions or directions provided by the Seller.
b) The Seller will not be under any liability in respect of any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of any technical advice or assistance given or rendered by it to the Buyer whether or not in connection with the manufacture, preparation or supply of Goods and/or Services to the Buyer, provided that the Seller has provided such technical advice or assistance with due care and skill.
c) Where any applicable legislation implies any term, condition or warranty into the relationship between the Seller and the Buyer or into these Terms and Conditions of Sale or a contract of sale between the Seller and the Buyer in relation to the sale or supply of Goods and/or Services, or otherwise gives the Buyer a particular remedy against the Seller and that legislation or any legislation avoids or prohibits provisions excluding or modifying the application of, or exercise of, or liability under, such term, condition, warranty or remedy, then that term, condition, warranty or remedy shall be deemed to be included in these Terms and Conditions of Sale, or, as the case may be, apply to that relationship.
Fixtech Pty Ltd - PO Box 568, Southport, Queensland 4215, Australia. Phone +61 7 5530 1099, Fax +61 7 5530 1322. Email: info@fixtech.com.au
?FIXTECH PTY LTD - CONDITIONS OF SALE Fixtech Pty Ltd ABN 48 096 399 361
7. SELLER'S LIABILITY (comtinued)
To the maximum extent permitted by law, however, the Seller's liability for any breach of such term, condition or warranty or under such remedy, shall be limited, at the Seller's option, in any one or more of the ways permitted by that legislation including, where so permitted:
(i) if the breach relates to any Goods, to
(A) the replacement of those Goods or the supply of equivalent goods;
(B) the repair of those Goods;
(C) the payment of the cost of replacing those Goods or acquiring equivalent goods; or
(D) the payment of the cost of having those Goods repaired; and
(ii ) if the breach relates to any Services to:
(A) the supplying of those Services again; or
(B) the payment of the cost of having those Services supplied again.
d) If there is any inconsistency between the express terms of these Conditions and any term, condition, warranty or remedy deemed to be included in these Conditions pursuant to sub-clause 7(c), that term, condition, warranty or remedy shall prevail to the extent of the inconsistency.
e) The descriptions, illustrations and other material contained in any catalogue, price list, brochure, leaflet or other material provided by or on behalf of the Seller shall not form part of these Conditions or any contract between the Seller and the Buyer for the supply of Goods or Services and shall not amount to any representation or warranty (whether collateral thereto or otherwise), nor shall the use of such material constitute a contract of sale by description. All Goods and Services supplied by the Seller shall be in conformity with the Seller's standard commercial specifications at the time of supply, subject to the Seller's right without notice to incorporate such minor modifications thereto as it thinks fit or any modifications of whatever nature necessary to comply with any relevant law.
8. RISK
Risk in Goods shall pass to the Buyer immediately upon delivery of the Goods by the Seller.
9. FORCE MAJEURE
The Seller shall not be liable as a result of delay in performance or of non-performance caused by
circumstances beyond its control, including but not limited to acts of God, fire, explosion, flood, machinery or equipment breakdown, accident, war, Government action, riots, strikes, lockouts, shipping delays or delays by suppliers or contractors due to causes beyond the control of those suppliers or contractors.
10. ACKNOWLEDGEMENTS
The Buyer acknowledges that:
(a) it has not relied on any representations made by the Seller as to the suitability of the Goods for any specific purpose; and
(b) it is its responsibility to make its own enquiries and investigations as to the suitability of the Goods for any particular purpose.
11. SEVERANCE OF CONDITIONS
If it is held by a court of competent jurisdiction that:
a) any part of these Conditions is void, voidable, illegal or unenforceable; or
b) these Conditions would be void, voidable, illegal or unenforceable unless any part of these Conditions was severed from these Conditions, that part will be severed from and will not affect the continued operation of the remainder of these Conditions.
12. CONDITIONS TO PREVAIL
Subject to sub-clause 7(d) these Conditions constitute the terms and conditions upon which the Seller will supply Goods and/or Services to the Buyer and take precedence over any terms and conditions that may be contained in any Order or in any other document or elsewhere.
13. DEFINITIONS
In these conditions:
"Buyer" means any person who has placed an Order with the Seller or requests a Quotation from the Seller. "Conditions" means these terms and conditions of sale, as amended by the Seller from time to time.
"Goods" means any goods requested by the Buyer in an Order.
"GST" means a Goods and Services Tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature. "Order" means any order placed by a person for the supply of goods and/or services by the Seller.
"Seller" means FixTech A.C.N.0 96 399 361.
"Services" means any services requested by the Buyer in an Order.
14.WAIVER
No waiver by the Seller of any breach by the Buyer of any of the terms and conditions contained in these Conditions shall be effective unless given in writing and no waiver shall be construed by the Seller as a waiver by the Seller of any subsequent breach of the same or any other terms or conditions of these Conditions by the Buyer.
15. GOVERNING LAW
These Conditions shall be governed by and construed in accordance with the laws in force in the State of Queensland, and the Seller and the Buyer submit to the jurisdiction of the courts of that State.
16. PERSONAL PROPERTY SECURITIES ACT
The Buyer acknowledges that these Conditions constitute a security agreement for the purposes of section 20 of the Personal Property Securities Act 2009 ("PPSA") and that a purchase money security interest exists in all goods (and their proceeds) previously supplied by the Seller to the Buyer (if any) and in all in future goods (and their proceeds).
The Buyer will execute documents and do such further acts as may be required by the Seller to register the security interest granted to the Seller under these standard terms and conditions under the PPSA.
Until ownership of the goods passes, to the extent permitted by law, the Applicant waives its rights to receive any notices or statements under Part 4 of the PPSA. The Buyer further agrees that where the Seller has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply.
Until ownership of the goods passes, the Buyer must not give to the Seller a written demand or allow any other person to give the Seller a written demand requiring the Seller to register a financing change statement under the PPSA or enter into or allow any other person to enter into the register of personal property securities a financing change statement under the PPSA.
The Buyer acknowledges that it has received value as at the date of first delivery of the goods and has not agreed to postpone the time for attachment of the security interest (as defined in the PPSA) granted to the Seller under these Conditions.
The Buyer irrevocably grants to the Seller the right to enter upon the Buyer's property or premises, without notice, and without being in any way liable to the Buyer or to any third party, if the Seller has cause to exercise any of the Seller's rights under section 123 and/or section 128 of the PPSA, and the Buyer shall indemnify the Seller from any claims made by any third party as a result of such exercise
Fixtech Pty Ltd - PO Box 568, Southport, Queensland 4215, Australia. Phone +61 7 5530 1099, Fax +61 7 5530 1322. Email: info@fixtech.com.au

 

 

 

 
     
 
 
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