Terms & Conditions

  1. Terms of payment

    Terms are strictly payment on delivery unless a credit facility has been granted by

    Five Star Locksmiths Pty Ltd

  2. Credit Terms
    1. a)  Credit will only be granted at the sole discretion of the company, consequent upon the submission of a completed application for credit an any credit granted may be revised by the company at any time at its discretion.
    2. b)  All accounts are payable strictly net 30 Days from the date of each invoice
    3. c)  All credit sales are made upon the following terms and conditions. The company reserves the right to withdraw credit facility upon breach by the customer of any of theses terms and conditions. The customer herein agrees that upon such withdrawal, any and all monies owing on the acct become due and payable immediately.
  3. Pricinga)  The company reserves the right to vary quoted prices, without notice, in accordance with variations in currency exchange rates, Government taxes and charges, import duties, transportation costs and any other cost, tax or charge of a similar nature.

    b)  Quoted prices do not include Government Sales Tax, if applicable, sales tax will be included in the net price at the appropriate rate.

    c)  The company reserves the right to increase prices of stock and labour without notice.

  4. Trade Marks

    Neither the Company’s agreement to sell goods to a customer nor the supply of goods to a customer shall confer any right upon the customer to use any trademark of which the company is the registered holder and, at all times, such trade marks remain the property of the company.

  5. Title

    a)  Title to all goods supplied by the Company remains with the Company and does not pass to the customer until payment is made by the customer for all goods supplied to it by the company.

    b)  Prior to title to such goods passing to the customer, the customer agrees to hold any goods delivered to it by the company as a bailee.

    c)  Not withstanding sub paragraphs (a) & (b), the customer may sell any goods to a third party in the course of business and deliver them to that party.

    i)  Where the customer is paid by that party, the customer holds the whole of the proceeds of sale on trust for the Company and

    ii)  Where the customer is not paid by that party, the customer agrees to assign, at the option of the Company, its claim against that party to the Company upon receiving notice from the company that it requires such an assignment.

    d)  Prior to the title to such goods passing to the customer or the goods being sold to a third party the customer agrees to hold such goods as a fiduciary for the Company.

    e)  Prior to title in such goods passing the customer, the customer agrees to store those goods in a manner, which clearly indicates that title to them remains with the company.

    f)  Prior to title of such goods passing to the customer or the goods being sold to a third party, and notwithstanding that the title to such goods remains with the Company, the customer agrees to hold to goods at its risk and be liable to compensate the Company for all loss or damage sustained to the goods whilst they are in its possession.

    g)  Prior to the title to such goods passing to the customer of the goods being sold to a third party, the customer agrees that the Company is able to enter upon the customer’s premises and retake possession of the goods.

    h)  The provisions of this clause apply notwithstanding that the Company may have allowed credit to the customer.

    i)  Each of the sub paragraphs of this clause 6 shall be severable with the intent that the remaining sub paragraphs continue to have effect.

  6. Guarantee

    The company transfers all warranties given by the manufacturer to the customer at the time of purchase and the Company limits its liabilities to the extent of such warranties.

  7. Liability

    The Company accepts no responsibility for the function of suitability of any product unless the company has expressly specified such products.

Complaints

Any complaints, which the customer may have regarding goods supplied, by the Company failing to correspond with the goods ordered shall be made by the customer to the company in writing within 7 days of delivery. If the company receives no written complaint within that time, the customer agrees that it shall not raise any complaints and shall be deemed to have accepted the goods delivered.

Return of Goods for credit

A minimum surcharge of 20% will be charged on all goods returned for credit. No goods will be accepted by the company without prior written approval from either the representative involved or the sales manager.

Proper Law

The proper law of any contract for supply of goods by the Company shall be the law applicable in Victoria and the customer agrees to submit to the non-exclusive jurisdiction of the courts of Victoria.

Costs of Collection

The Customer shall pay the Supplier for all costs incurred by the Supplier (including costs for which the Supplier may be contingently liable) in any attempt to collect any monies owed by the Customer to the Supplier under this Agreement including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.