Terms and Conditions of Sale

Definitions

ANLC

Australia National Lift Components, Suite 116, 838 Collins Street, Docklands VIC 3008, ABN 53 657 865 480.

Privacy Policy

The ANLC privacy policy available at /privacy-policy.

Customer

The purchaser of Products or Services from ANLC.

Products and Services

The products and services supplied by ANLC under these terms and conditions.

1. General

1.1All orders for products (“Products”) or services (“Services”) and all contracts for their supply between ANLC and the purchaser (the “Customer”) are subject to these terms and conditions of sale. No other terms apply to the supply of Products and Services by ANLC unless agreed in writing by an authorised signatory of ANLC. ANLC reserves the right to amend these terms and conditions at any time.

1.2All descriptions of the Products and Services on the ANLC website or otherwise communicated to the Customer are approximate only and do not form part of the contract between ANLC and the Customer. ANLC is not liable to the Customer for any errors or omissions on its website, in its catalogue or in other product advertising. Advertising of products and services by ANLC is not an offer capable of acceptance; it is an invitation for the Customer to make an offer to purchase. ANLC accepts the Customer's order when it confirms pricing and delivery dates to the Customer in writing, at which point a contract comes into existence between ANLC and the Customer.

1.3ANLC is a business-to-business supplier. ANLC Products and Services are intended for use by business customers and not by private individuals acting as consumers (“consumers”). Nothing in these terms and conditions affects the statutory rights of a Customer who deals as a consumer.

1.4The Customer's particular attention is drawn to clause 12, which sets out certain limitations of ANLC's liability.

2. Prices and GST

2.1Prices of the Products and Services are as set out on the ANLC website or as otherwise communicated. ANLC may change prices at any time without prior notice. The most up-to-date price and product information is on the ANLC website. If prices on the ANLC website conflict with those in any catalogue, brochure or other marketing communication, the website prices prevail.

2.2The price of an ordered Product or Service is confirmed when ANLC accepts the order, except for products or services ordered for delivery at a specified future date (“Forward Orders”). ANLC may vary the price of Forward Orders after acceptance by written notice to the Customer.

2.3All prices exclude GST, which ANLC will add at the rate applicable on the date of order acceptance. If GST applies to any supply, the Customer must pay an additional amount equal to the GST. ANLC will provide a GST-compliant tax invoice within 28 days of a request. “GST” means the goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

3. Ordering

3.1ANLC reserves the right to decline to trade with any company or person. ANLC may decline any order, whether or not payment has been received, by notifying the Customer by telephone or email within a reasonable period of receiving the order. ANLC may also cancel accepted orders by written notice within a reasonable period of receiving the order. If ANLC rejects or cancels an order that has been paid for, it will refund the Customer as soon as reasonably practicable.

3.2ANLC fulfils orders to the Customer's requirements, but may supply substitute products where the Customer requests it or where a product has been superseded by a newer version. Where an order cannot be fulfilled completely from stock, the unfulfilled balance will, at the Customer's option, either be placed on back order until stock is available or be cancelled and refunded.

3.3The Customer must place orders using the ANLC part numbers and priced units shown on the ANLC website or in any ANLC catalogue or product communication, and must specify the delivery option required. Any confirmation of a previous order must be marked “CONFIRMATION ONLY” or otherwise clearly identified, to avoid duplication. If the Customer orders the wrong product or quantity, or duplicates an order, clause 13 (Cancellations and Returns) applies.

3.4Where the Customer directs ANLC to order from a specific supplier (“Directed Supplier”), the Customer warrants that it has carried out appropriate due diligence to confirm that the Directed Supplier is reputable and compliant with regulatory requirements, and that, but for ANLC's involvement, the Customer could legally and commercially deal with the Directed Supplier. ANLC assumes no responsibility for the regulatory compliance, performance or suitability of products procured at the Customer's direction, and the Customer indemnifies ANLC against any liability, penalty, fine or claim arising from them. Except as expressly stated in these terms and to the fullest extent permitted by law, ANLC gives no representation or warranty in connection with products from a Directed Supplier, and will only pass on to the Customer any manufacturer's guarantee or warranty to the extent it can be transferred or otherwise provided.

4. Delivery

4.1Subject to any cancellation, substitution or non-fulfilment under clause 3 (Ordering), ANLC will deliver the products specified in the Customer's order. ANLC may use third-party delivery agents.

4.2Delivery options and prices are as set out on the ANLC website on the date of order, or as notified at the time of order. Delivery information in printed or other marketing material is accurate only on the date it was created; if it conflicts with the ANLC website, the website prevails. See Delivery information below.

4.3Delivery prices apply per order, regardless of the number of products ordered. Delivery is made to the Customer's usual business address unless otherwise agreed in writing.

4.4ANLC aims to deliver within the times and dates quoted on the ANLC website or by ANLC's employees (“Quoted Delivery Times”), but these are approximate only and ANLC is not liable for the consequences of any delay. Time for delivery is not of the essence. Products marked as requiring special handling may take longer to deliver.

4.5If delivery has not been made by the Quoted Delivery Time and the Customer notifies ANLC, ANLC will try to find out whether the product has been delivered and will inform the Customer of its status or new expected delivery time. ANLC may also, at its discretion, refund the delivery charge or offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery, and ANLC is not liable for any loss or damage (including indirect, consequential or economic loss) suffered by the Customer or any other party in relation to late delivery.

4.6Special delivery conditions may apply to export orders. Call 0404 497 266 for details.

5. Inspection, delivery delays and non-delivery

5.1The Customer must inspect all products as soon as reasonably possible after delivery or collection and, within 10 days of delivery or collection (or, for (iv) below, of the Quoted Delivery Time or any updated estimated delivery date), give ANLC written notice with details of:

1. any defect in a Product that is apparent on reasonable examination, in which case ANLC will, at its discretion, replace the Product or refund the purchase price (see clause 9 for warranty terms). The Customer must refuse parcels delivered in a damaged condition;
2. any shortfall in the Products delivered, in which case ANLC will, at its discretion, deliver the missing Products or refund their price;
3. any delivery of Products not in accordance with the order, in which case ANLC will, at its discretion, replace the Products or refund the purchase price; or
4. any non-delivery of the Products, in which case ANLC will deliver the Products or refund their price.

5.2If the Customer does not give this notice, the products are conclusively presumed to be in accordance with the order and free from apparent defects, and to have been accepted by the Customer. ANLC's record of the products despatched (including quantity) is conclusive evidence of the products received by the Customer unless the Customer proves otherwise.

5.3The remedies above are the Customer's exclusive remedies for non-delivery or short delivery, apparent defects, or delivery not in accordance with the order. ANLC is not liable for any losses (consequential or otherwise), costs (including legal costs), expenses, liabilities, loss of profits, business or economic loss, loss of goodwill, damages, claims, demands, proceedings or judgments arising from these circumstances.

6. Payment

6.1If ANLC has not granted credit to the Customer, payment is due with the order.

6.2Credit terms are available subject to satisfactory references and at ANLC's absolute discretion. If credit has been granted, ANLC will issue an invoice on acceptance of the order, and the Customer must pay by the 30th day of the month following the month in which the products are despatched. All payments must be made without set-off, deduction or counterclaim.

6.3If any amount is not paid by the due date then, without affecting any other right or remedy:

1. all amounts then outstanding become immediately due and payable, even if they would otherwise be due at a later date;
2. the Customer must pay all expenses and legal costs incurred by ANLC in seeking to recover them; and
3. ANLC may charge interest from the due date until payment in full (before and after any judgment) at 2% per annum above the Reserve Bank of Australia's official cash rate, as set on 31 December for the period 1 January to 30 June and as set on 30 June for the period 1 July to 31 December, compounded monthly.

7. Risk and ownership

7.1For products delivered to the Customer's premises, risk of loss or damage passes to the Customer on delivery, unless the Customer wrongfully fails to take delivery, in which case risk passes when ANLC attempts delivery. For products collected by the Customer, risk passes on collection.

7.2Ownership of any product does not pass to the Customer until the purchase price and all other amounts owing to ANLC have been paid in full in cash or cleared funds. If the Customer is late in paying any amount, ANLC is entitled to the immediate return of all products whose ownership has not passed. The Customer authorises ANLC and its agents to recover those products and to enter the Customer's premises for that purpose.

7.3Demand for or recovery of the products by ANLC does not by itself discharge the Customer's liability to pay the full price and take delivery, nor ANLC's right to sue for the full price.

8. Product and availability information

8.1ANLC may, without prior notice, discontinue any product or make design changes as part of continuous product improvement or to assist availability. The most up-to-date information on availability and design is on the ANLC website.

8.2Unless confirmed in writing, nothing on the ANLC website or in any ANLC catalogue is a representation of the origin, manufacture or production of the products or any part of them.

9. Warranties and remedies

9.1ANLC warrants that no product purchased from ANLC is materially defective.

9.2To the extent permitted by the Competition and Consumer Act 2010 (Cth) (“CCA”), if a Product is materially defective, and subject to clause 5 (Inspection, delivery delays and non-delivery) for defects apparent on delivery, ANLC will, at its option, replace or repair the product or refund the purchase price.

9.3To the extent permitted by the CCA, if a Service is defective, and subject to clause 14 (Services), ANLC will, at its option, either re-supply the Service or supply the Customer free of charge with a substitute Product in place of the defectively serviced Product.

9.4These warranties do not apply to any defect arising from improper use, failure to follow the product instructions, or any repair or modification made without ANLC's consent.

9.5To the extent permitted by the CCA, the remedies in this clause 9 are the Customer's sole remedies for breach of warranty and for the supply or non-supply of products or services.

9.6The remedies in this clause 9 are available only if:

1. a claim is made to ANLC in writing before any defective product is returned;
2. the written claim is made (a) within 12 months of the original despatch date, (b) within any other period ANLC indicates in writing for a specific product, or (c) for single-use or disposable products, in time to allow for their single use, provided the product is used before its labelled expiry date or within 12 months of despatch, whichever is sooner; and
3. the Customer returns or disposes of the products, or makes them available for collection, in accordance with ANLC's instructions and suitably packaged. For returns, the Customer must obtain a returns number from ANLC, quote it on all paperwork, and state the original invoice number and the nature of the claimed defect.

9.7If the Customer returns defective products other than in accordance with these provisions, ANLC may refuse them and send them back at the Customer's cost.

9.8Products replaced by ANLC become ANLC's property. Ownership of replacement products passes to the Customer under clause 7 (Risk and ownership), and the warranty period of a replacement product is the unexpired warranty period of the defective product.

9.9The Customer has no remedy for any untrue statement on which it relied in ordering products or services (unless made fraudulently), other than any remedy expressly set out in these terms and conditions.

9.10Except as expressly provided in these terms and conditions, all implied warranties, terms and conditions (statutory or otherwise) concerning the supply or non-supply of products or services are excluded to the fullest extent permitted by law, including implied terms as to quality, fitness for purpose and the provision of services with due care and skill.

9.11Except as required by law, ANLC is not liable for any loss, damage or liability of any kind arising from a breach of implied warranties, terms or conditions, or of any other duty imposed on ANLC by law. The Customer is responsible for ensuring that the products and services it orders are fit for its intended purposes.

9.12Nothing in these warranties excludes or limits the application of the CCA where doing so would contravene the CCA or make any of these terms void (“Non-Excludable Conditions”). These warranties are in addition to any Non-Excludable Conditions.

10. Export control and limitations of use

10.1Certain products sold by ANLC are subject to the export control laws of Australia and other countries, including the United States, the United Kingdom and the European Union (“Export Laws”). The Customer must comply with all Export Laws and obtain any licence or permit required to transfer, export, re-export or import the products.

10.2The Customer must not, directly or indirectly, sell, dispose of, export, re-export or otherwise provide products to any country or entity subject to sanctions or embargoes administered by Australia or any other country.

10.3The Customer certifies that products purchased from ANLC will not be used, sold or incorporated into products used, directly or indirectly, in the design, development, production or use of chemical, biological or nuclear weapons, their delivery systems, or any other weapons of mass destruction.

10.4Products sold by ANLC are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications, or any application in which the failure of a single component could cause substantial harm to people or property.

10.5Export classifications, including ECCN and Harmonised Tariff codes, are made for ANLC's internal use only and provided in good faith based on the information available at the time. ANLC makes no warranty that they are current or correct and is not liable for any loss arising from reliance on them. The Customer uses this information at its own risk and is responsible for complying with all applicable export laws, including determining the correct classification of an item at the time of any onward export.

11. No re-export to Russia

11.1The Customer must not sell, export or re-export, directly or indirectly, to the Russian Federation or for use in the Russian Federation any goods supplied under these terms and conditions that are subject to Australian sanctions laws, including the Autonomous Sanctions Regulations 2011 (Cth) (“Sanctioned Goods”).

11.2The Customer must use its best efforts to ensure that the purpose of clause 11.1 is not frustrated by any third parties further down the commercial chain, including resellers.

11.3The Customer must set up and maintain an adequate monitoring mechanism to detect conduct by third parties further down the commercial chain, including resellers, that would frustrate the purpose of clause 11.1.

11.4Any breach of clauses 11.1, 11.2 or 11.3 is a material breach of these terms and conditions, and ANLC may seek appropriate remedies, including ceasing to accept orders from and suspending shipments to the Customer.

11.5The Customer must immediately inform ANLC of any problems in applying clauses 11.1, 11.2 or 11.3, including any third-party activity that could frustrate the purpose of clause 11.1, and must provide information on its compliance with these clauses within two weeks of ANLC's request.

11.6Where ANLC has reason to believe that any Sanctioned Goods have been sold, exported or re-exported to the Russian Federation, ANLC may notify the relevant Australian authorities, regardless of any confidentiality agreement between the parties.

12. Liability

12.1ANLC is not liable for any damage, losses (direct, indirect or consequential), expenses, liabilities, loss of profits, business or economic loss, loss of goodwill, costs (including legal costs), claims, demands, proceedings or judgments resulting from a failure to give advice or information, or from giving incorrect advice or information, whether or not due to the negligence of ANLC or its employees, agents or subcontractors.

12.2ANLC is not liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract, or any consequential or indirect loss or damage, resulting from or connected with:

1. any express or implied term of the contract between ANLC and the Customer or of any order accepted by ANLC;
2. any duty imposed on ANLC by law arising out of or in relation to that contract or order;
3. any defect in the products or services;
4. any infringement of intellectual property rights; or
5. any other loss arising out of these terms and conditions of sale.

12.3If, despite any other provision of these terms and conditions (including clauses 9, 10 and 12), ANLC is liable to the Customer in connection with these terms and conditions or any order, whether in contract, tort or otherwise, in respect of any of the matters listed in clause 12.2 (i) to (v), ANLC's total liability is limited to $100,000 or the total value of the order, whichever is greater.

12.4Nothing in these terms and conditions (including this clause 12) excludes or limits ANLC's liability for death or personal injury caused by the negligence of ANLC or its employees, agents or subcontractors, for fraud, or for anything else that cannot be limited or excluded by law.

13. Cancellations and returns

13.1ANLC may, at its discretion and in writing, allow an order to be cancelled where there is no fault with the product, subject to ANLC recovering its costs from the Customer and to the processing charge in this clause 13.

13.2If only part of an order is cancelled, ANLC may invoice the Customer for any difference in unit price between the quantity despatched up to the cancellation and the quantity originally ordered.

13.3A processing charge may apply to all products returned other than for defects covered by the warranty in clause 9. ANLC reserves the right to apply a handling charge of 20% of the invoice value.

13.4The Customer may only return products to ANLC for a credit or refund on the following conditions:

1. the Customer must contact ANLC in advance on 0404 497 266 to obtain consent and a returns number, which must be quoted on all paperwork;
2. the return must be made within 30 days of the delivery date (as shown on the delivery documentation) or collection;
3. products must be returned unused, in their original condition and packaging, and fit for immediate resale;
4. the Customer must follow any specific return instructions on the ANLC website or supplied with the product;
5. products must be adequately packed, sent freight prepaid and clearly labelled to: Returns Department, [RETURNS ADDRESS]; and
6. the Customer must quote the invoice details or the ANLC reference number from the original despatch note, otherwise any credit will be based on the lowest sales price.

13.5If the Customer returns products other than in accordance with clause 13.4 (i) to (vi), for example after the returns period has expired or in an unfit state, ANLC may refuse the return and send the products back at the Customer's expense, or apply a handling charge reflecting the actual cost of reprocessing.

13.6Where the Customer returns Products that have been paid for, ANLC will refund the price paid as soon as reasonably practicable.

13.7This returns policy excludes software, calibrated products, non-catalogue products, specially manufactured or specially sourced products, any products marked as non-cancellable (NC) or non-returnable (NR), and any products procured from a Directed Supplier. ANLC will not accept returned electrostatic-sensitive (ESD) devices where the original ESD shielding packaging has been compromised, for example opened and resealed.

13.8ANLC accepts no responsibility for any loss of or damage to products in transit from the Customer to ANLC, or for any other items sent with them.

13.9The Customer may only cancel or amend scheduled orders (orders for Products delivered periodically and sourced specifically for the Customer) by written notice received at least 14 days before the next delivery date.

14. Services

14.1ANLC offers services in respect of products, including repair, software updates and any other services the parties agree. ANLC may quote a target turnaround time, but is not liable if it does not meet it. The following special conditions apply:

• Repairs. The repair service is subject to the availability of parts and is only available if the product has not suffered excessive physical or electrical damage and has not been modified (other than as described in the literature supplied with it). The Customer must follow any instructions in the repair information supplied with the product. ANLC may, at its absolute discretion, repair the product or replace it with a substitute. Any Customer software or data returned with a product will be erased on receipt, and ANLC is not liable for it.
• Software updates. The product must be free from physical and electrical damage and unauthorised modifications. ANLC will install the latest version of the software and functionally check the unit to confirm the update was accepted.

15. Force majeure

15.1A force majeure event is any event beyond ANLC's reasonable control, including government action, war, fire, explosion, flood, labour disputes, transport disruption, failure of external networks, or ANLC's inability to obtain services, materials or goods except at increased prices. While a force majeure event prevents or restricts ANLC from performing its obligations, ANLC is relieved of those obligations and is not liable for any delay or failure to perform. If the event continues for more than 14 days, ANLC may cancel the affected order, in whole or in part, without liability to the Customer.

16. Intellectual property rights

16.1The Customer acknowledges that ANLC and its licensors own the intellectual property rights in the ANLC website, catalogues, catalogue content and part numbers, and that reproducing them in whole or in part without ANLC's prior written consent is prohibited.

16.2ANLC does not warrant that any products supplied do not infringe the intellectual property rights of any third party.

17. Confidentiality

17.1The Customer must not use or disclose any information, in any form, that (a) is confidential by its nature, (b) the Customer knows or ought to know is confidential, or (c) ANLC designates as confidential, in each case disclosed to or otherwise obtained by the Customer in connection with these terms and conditions.

17.2This clause 17 survives termination of these terms and conditions of sale, however it occurs.

18. Anti-bribery and fraud prevention

18.1The Customer must (and must ensure that persons associated with it, or who provide goods or services in connection with these terms and conditions, will) comply with all applicable anti-bribery and anti-corruption laws, including the Criminal Code Act 1995 (Cth) (the “Relevant Requirements”), and must:

1. not, directly or indirectly, induce any employee, agent or subcontractor of ANLC to make any concession or confer any benefit on the Customer, or to do or refrain from doing any act, in return for any gift, money or other inducement;
2. not do or omit to do anything that will cause ANLC to breach any of the Relevant Requirements; and
3. promptly report to ANLC any request or demand for any undue financial or other advantage received in connection with these terms and conditions.

18.2The Customer acknowledges that ANLC employees:

1. may not accept gifts of more than token value, loans, excessive entertainment or other substantial favours from anyone who does or seeks to do business with ANLC;
2. may not solicit gifts or other favours from anyone who does or seeks to do business with ANLC; and
3. may accept entertainment only if it has a justifiable business purpose, is reasonable, and is such that ANLC could reciprocate.

18.3Financial limits on gifts and entertainment are set out in ANLC's anti-bribery policy, available on request.

18.4The Customer must act in good faith and not engage in any fraudulent activity in connection with these terms and conditions. The Customer will maintain reasonable procedures to prevent fraud and will cooperate with any request for information or investigation relating to suspected fraud that could affect ANLC's compliance with applicable laws.

18.5Any breach of this clause 18 is a material breach of these terms and conditions that cannot be remedied.

19. Data protection and customer information

19.1Please see our Privacy Policy for information about how we handle your personal information.

20. Miscellaneous

20.1Assignment. ANLC may at any time assign, mortgage, charge, declare a trust over or otherwise deal with any or all of its rights and obligations under these terms and conditions without the Customer's consent.

20.2Waiver. No failure or delay by a party in enforcing any right or remedy under these terms and conditions or at law is a waiver of that or any other right or remedy, nor does it prevent its later enforcement. A waiver of any breach is not a waiver of any later breach.

20.3Variation. No variation of these terms and conditions is valid unless it is in writing (excluding email) and signed by or on behalf of each party.

20.4Governing law. The contract between ANLC and the Customer is governed by Australian law, and the Customer submits to the non-exclusive jurisdiction of the courts of Australia. ANLC may enforce the contract in any court of competent jurisdiction.

20.5Severability. If any part of these terms and conditions is found to be unenforceable, or would be unenforceable if interpreted in a particular way, it must be interpreted so as to avoid that finding. If that is not possible, the rest of the provision remains in full effect.

20.6Third parties. Nothing in these terms and conditions confers any right on any person who is not a party to them.

Delivery information

Business account customers receive special pricing. A business account customer is one with a valid Australian Business Number (ABN) or an ANLC credit account. If you are not yet an approved business account holder, contact us to apply.

Delivery charges

All amounts exclude GST.

Next working day delivery

• Order before 5 pm AEST, Monday to Friday, for next working day delivery of items stocked in Australia.
• We aim to deliver between 8 am and 5 pm local time on the next working day. Some regional areas may take longer; contact us for details.
• Orders placed after 5 pm on Friday will be delivered on Tuesday.

Click and collect

• Our click and collect counter at [COLLECTION ADDRESS] is open [DAYS AND HOURS].
• Order online or by phone and ask to collect your parcel from the counter.