Total Scaffold Services Pty Ltd are a distributer for Technique Solutions Pty Ltd.
Goods supplied by Total Scaffold Services Pty Ltd (TSS), are supplied, and are therefor bound by the following terms for shipping and returns.
- Orders placed by the Customer are considered valid whether they are made in writing, verbally (including phone orders), or via this website.
- TSS will not be bound by an order until it is accepted in writing, verbally or through the delivery of the product to the Customer.
- Any written quotation shall expire thirty (30) days after it was given to the Customer.
- No variation of these Terms and Conditions shall be binding upon TSS, unless that variation is in writing and signed by a TSS authorised
officer or representative.
2. PRICE AND PRODUCTS
- All prices for goods or services published or quoted by TSS are in Australian dollars (AUD) exclusive of GST.
- The price quoted for the order excludes the TSS Flat Rate Shipping costs of $14.90, per order.
- All applicable Goods and Services Tax (GST), shall be payable by the Customer, without deduction or set off.
- Payment terms are strictly online through the TSS website, unless credit has been approved prior to the order being accepted.
- If credit is satisfactorily established terms are strictly net 30 days from the end of the month during which the invoice was issued, unless
otherwise agreed to by TSS in writing.
- In the event where TSS refers the overdue account to a lawyer, the Customer shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on an indemnity basis.
- Whilst TSS will use all reasonable efforts to deliver the goods in 48 hours, TSS does not warrant or guarantee that delivery will be made on that date and shall not liable for any loss (including consequential loss) or damages resulting for delayed delivery.
- Delivery of the goods shall be deemed to take place when the Customer takes possession of the goods (whether actual or constructive), or the goods are delivered to the Customer at the nominated shipping address
- Risk in the goods passes to the Customer at the time of delivery.
- Where TSS has agreed to arrange delivery of the goods to the Customer, TSS reserves the right to use the carrier of its choice.
- Returns are accepted on all standard stock items within thirty one (31) days from the date of purchase provided that they are returned in their original condition and packaging. Custom made products, special order-in items and machinery cannot be returned for credit.
- TSS will not pay transport costs for return of goods if the return is due to a change of mind or products being incorrectly ordered by the Customer.
- The Customer shall be required to notify TSS within seven (7) days from the date of delivery of any supply shortage, or delivery discrepancy in the order. If TSS is not notified with this period, TSS may chose to ignore the claim.
- TSS does not purport to restrict, modify or exclude any liability that cannot be excluded under the Australian Consumer Law.
- A Customer warrants that it will use its best endeavours to report any defect in any goods supplied within fourteen (14) from the date
that the defect became apparent (time being of the essence).
- TSS warrants goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or
refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the
Goods repaired or replaced if the Goods are not of acceptable quality and the failure does not amount to a major failure.
- If the Goods constitute a failure under the Australian Consumer Law, the Customer is entitled to reject the faulty Goods and obtain a refund;
reject the faulty Goods and exchange for an identical replacement (if available) or for Goods of the type and value; or keep the Goods
and obtain compensation from TSS for the reduction in value caused by the major failure.
- Claims made under Warranty: All claims must be made in writing and must be accompanied by a proof of purchase. The Customer may submit
the claim to TSS in writing to TSS’s postal address or via email to email@example.com.
- Where a claim is made, the Goods that are to be returned should remain in the state and condition in which they were delivered until such
time as TSS or its nominated agent has inspected the Goods. Such inspection is to be carried out within a reasonable time.
- The Customer shall bear the costs of returning the Goods to TSS within a reasonable time unless the cost to the Customer is significant.
- The Customer further acknowledges sole responsibility for any damage or injury to property or person caused by using the goods in any way
and shall indemnify in full TSS, its servants and/or agents in relation to all such claims.
- The Terms and Conditions are binding on the Customer, his heirs, assignees, executors, trustees and where applicable, any liquidator, receiver
- Force majeure: If TSS’s ability to perform its obligations is adversely affected by any cause beyond TSS’s control, TSS may terminate the
agreement by giving the Customer verbal or written notice. The situations contemplated include but are not limited to: strikes, lockouts,
accidents or breakdowns, acts of God, directions or rulings from municipal, public or statutory authorities, unavailability of suitable
parts or materials.
- TSS shall not be liable for, and the Customer releases TSS from, any physical or financial injury, loss or damage or for consequential
loss or damage of any kind arising out of: the Customer’s failure to comply with any laws, rules, standards or regulations applicable
in relation to the Goods and Services; or any other negligence or other breach of duty by the Customer.
- Except as provided in these terms and conditions and to the maximum extent permitted by law, all express and implied warranties, guarantees
and conditions under statute or general law as to merchantable quality, description, quality, suitability or fitness of the Goods for
any purpose or as to design, assembly installation, materials or workmanship or otherwise are expressly excluded.
- TSS may cancel any Order to which these Terms and Conditions apply or cancel delivery of Goods at any time before the Goods are delivered provided by giving written notice to the Customer. On giving such notice, TSS shall repay to the Customer any sums paid in respect of the price. TSS shall not be liable for any loss or damage or consequential loss or damage whatever arising from such cancellation.
- Any Order cannot be cancelled by the Customer unless expressly agreed to by TSS in writing.
- In the event of cancellation (by words or conduct), the Customer shall be liable for any loss incurred by TSS (including, but not limited to, any loss of profits) up to the time of cancellation.
- At all times, we take great care to ensure your personal information is protected from unauthorised access, use, disclosure or alteration.
- TSS will not share your personal information with any organisations, other than those engaged by us to assist us in the provision of our products and services.