ILD (Innovation Lighting Pty Ltd)- Innovation Lighting Pty Ltd Terms & Conditions
ILD (Innovation Lighting Pty Ltd) may change these Terms and Conditions of Use at any time without notice. Changes will be posted under “Terms and Conditions” section on our website (www.ild.com.au) under Section 16 of this document. If you are unable to access our website an electronic version can be emailed or paper version can be posted upon request. If you have sign up to our newsletter we will provide notice to you by e-mail of changes made to our terms and conditions. Your use of the web site or accepting a Quote after any changes have been posted will constitute your agreement to the modified Terms and Conditions of Use and all of the changes. Therefore, you should read these Terms and Conditions of Use from time to time for changes. Changes will be documented under Section 16 of this document.
- General
(A) These terms of Sale (“terms” apply to the supply of and all offers for the supply of goods and services by Innovation Lighting Pty Ltd ABN 64 108 836 513. (ILD)
(B) These terms must be read in conjunction with any additional written terms of sale offered by Innovation Lighting Ltd Pty including any additional terms which may appear in current ILD (Innovation Lighting Pty Ltd) price list - Settlement Terms
(A) Nett Thirty (30) days from the end of the month of invoicing. Should the purchaser delay or default in respect of any payment due ILD (Innovation Lighting Pty Ltd), ILD (Innovation Lighting Pty Ltd) shall have the right, in addition to all other rights and remedies ILD (Innovation Lighting Pty Ltd) has to charged interest at a rate equivalent to seven per centrum (7%) in excess of such rate as shall be charged from time to time to ILD (Innovation Lighting Pty Ltd) by ANZ BANK LTD for overdraft accommodation, such interest shall be calculated from the date of each invoice, to the date of full and final payment by the Purchasers. Any payment by the Purchaser will be credited first against the interest accrued to the date of payment.
(B) In the event that payment is not made by the purchaser on the due date, the purchaser authorises ILD (Innovation Lighting Pty Ltd) to set-off any amounts due by ILD (Innovation Lighting Pty Ltd) to the purchaser against the oldest amounts outstanding by the purchaser. Clause 2A will then only be applicable to any remaining amounts outstanding - Minimum Invoice Value
Due to increased costs, orders of $200 (ex GST) or less will incur freight charges accordingly - Delivery Value
(A) Invoiced orders in excess $200 (ex GST) or less, be delivered - FIS (Free in Store) within the Melbourne CBD.
(B) Other deliveries will incur costs associated with the nominated carriers - Conditions Of Sale
(A) Immediately on delivery to the Purchaser the risk of goods shall pass to the Purchaser. Notwithstanding this, title to the googs shall remain with ILD (Innovation Lighting Pty Ltd) until all moneys owning by the Purchaser to ILD (Innovation Lighting Pty Ltd) have been paid in full and the Purchaser shall hold the goods as bailee thereof only subject to its rights to deal with the goods in the ordinary course of business on the basis that any moneys received as a result of such dealing shall be held by the Purchaser for the benefit of ILD (Innovation Lighting Pty Ltd) and ILD (Innovation Lighting Pty Ltd) shall have the right to enter the premises of the Purchaser to recover any goods in which it has title.
(B) Property in the goods shall not pass to the purchaser until full payment for such goods have been received by ILD (Innovation Lighting Pty Ltd). In the case of payment by cheque or bill of exchange of note, full payment is not deemed made until same is honoured.
(C) Orders will not be process for any account which has amounts outstanding for longer than 60 day from date of statement.
(D) The Purchaser authorises ILD (Innovation Lighting Pty Ltd) to appropriate any payment to particular goods, including goods no longer in the possession or control, unless the purchaser expressly appropriates such payment to particular goods and communicates such appropriation to ILD (Innovation Lighting Pty Ltd) at the time of payment
(E) Goods delivered to the Purchaser for which payments has not been received and appropriated shall remain the property of ILD (Innovation Lighting Pty Ltd) and the Purchaser shall hold such goods on behalf of ILD (Innovation Lighting Pty Ltd)
(F) ILD (Innovation Lighting Pty Ltd) may at any time without notice retake possession of such goods but the Purchaser shall not be entitled to return the goods except in accordance with condition 5.
(G) If it becomes necessary to institute legal proceedings to recover unpaid debts to ILD (Innovation Lighting Pty Ltd), all discounts showing unpaid invoices become null and void and the total list prices showing become payable.
(H) Nothing in these clauses shall affect our rights as an unpaid seller
(I) Errors or omission of clerical or mechanical nature on invoices, delivery dockets, statements, price lists, price changes, discounts monthly specials or on the face hereof are subject to correction by ILD (Innovation Lighting Pty Ltd)
(J) While every effort will be made to adhere to the required delivery times, ILD (Innovation Lighting Pty Ltd) shall not be liable for any failure to procure or deliver or for any delay in procurement or delivery of goods to the Purchaser arising from any cause beyond ILD (Innovation Lighting Pty Ltd)’s control.
(K) It is agreed and declared that ILD (Innovation Lighting Pty Ltd) is not a common carrier and that in the event of loss or damage in transit as a result of an act, neglect or default attribute to ILD (Innovation Lighting Pty Ltd), ILD (Innovation Lighting Pty Ltd)’s liability to the Purchaser shall be limited to and completely discharged by either the replacement or repair of any goods so lost or damaged. ANY CLAIMS AGINST ILD (Innovation Lighting Pty Ltd) FOR SUCH LOSS OR DAMAGE TO THE GOODS MUST BE MADE WITHIN SEVEN (7) DAYS OF THE DATE OF DELIVERY.
(L) No cancellation or partial cancelation of an order by the Purchaser shall be accepted by ILD (Innovation Lighting Pty Ltd) unless it has first consented in writing to such cancelation or partial cancellation
(M) All descriptive and forwarding specifications, drawing, particulars, dimension, weights, and all publicly and promotional material issued by ILD (Innovation Lighting Pty Ltd) is intended to be illustrative only.
(N) Every care is used in the packing, but unless agreed, no responsibility is taken for loss or damage in transit
(O) Goods shown in ILD (Innovation Lighting Pty Ltd)’s price list or catalogue are those ILD (Innovation Lighting Pty Ltd) considers its normal lines. ILD (Innovation Lighting Pty Ltd) reserves the right to add and delete lines at its discretion and does not a warrant the availability, whether express or implied, or any lines it may from time to time advertise.
(P) Unless otherwise agreed, it’s the purchaser’s responsibility to obtain and provide access, services, facilities, permits, approvals or licences as may be necessary or convenient for the delivery of goods and provision of services
(Q) In the event of default by the purchaser ILD (Innovation Lighting Pty Ltd) may, without prejudice to any other rights or remedies open to it, terminate a contract or suspend or continue delivery at ILD (Innovation Lighting Pty Ltd)’s option always reserving to ILD (Innovation Lighting Pty Ltd) all rights to recover any loss consequent upon any such cancellation or suspension - Credits claims/returns
(A)SHORT DELVERIES: (INVOICE NUMBER AND DATE MUST BE QUOTED ON ALL CLAIMS) – All claims for short deliveries MUST be made to our office within 7 DAYS FROM RECEIPT OF GOODS. NO CLAINS for short delivery can be recognised after this time.
(B) PRICING & DISCOUNTS: (INCOICE NUMBER AND DATE MUST BE QUOTED ON ALL CLAIMS) To assist us in reconciling and maintaining your account, any query you may have on your invoice re pricing, discount, should be forward to our office as quickly as possible after receipt of your invoice.
(C) All customers cannot take up credit on any account payments until agree upon with ILD (Innovation Lighting Pty Ltd). Until such agreement has been formally advised, all outstanding payments remain valid & payable as stated on originally invoice..
(D) GOODS RETURNED: NO GOODS WILL BE ACCEPTED WITHOUT A RETURN AUTHORITY NUMBER FROM THIS COMPANY (INVOICE NUMBER AND DATE ARE REQUIRED ON ALL CLAIMS). IF INVOICE NUMBER CANNOT BE QUOTED, goods will be credited at ILD’s (Innovation Lighting Pty LTD) current best catalogue price, less 20 per cent to cover any possible price increase since data date of purchase . Goods cannot be accepted back by ILD (Innovation Lighting Pty Ltd) unless our office has received prior notification. If we agree to accept goods back, we will advise the mode of transport acceptable to us. Fright will not be paid on goods returned by means other than those nominated by ILD (Innovation Lighting Pty Ltd).
(i) Valid (Innovation Lighting Pty Ltd) claims for incorrect goods sent will be credited in full provided we are notified within 7 DAYS of receipt of goods. Claims over 7 DAYS cannot be recognised
(ii) Return of goods after 7 DAYS will be ILD (Innovation Lighting Pty Ltd)’s discretion and subject to a 20% restocking fee. Goods returned must be in original packing, unsoiled, undamaged and still current catalogue items.
(iii) Goods returned in an unsaleable condition – (i.e. other than as above) cannot be accepted back for credit and will be returned “freight-on” to the sender
(iv) Faulty goods MUST first be inspected by out Representatives, who will then arrange for their return if acceptable
(v) Goods imported especially for customer, or non-standard goods made to special order, cannot be returned and/or credited under any circumstances
(vi)Except for goods which are determined by ILD (Innovation Lighting Pty Ltd) in writing to be defective or to have shipped in error and are returnable to the extent specifically provided in these Trading Terms & Conditions, all sales are final and goods are not returnable. - Goods not supplied on orders: (backorders/ Cancelations etc).
(A) Back orders will be despatched by ILD (Innovation Lighting Pty Ltd) as soon as possible and the Purchaser will accept delivery when received unless ILD (Innovation Lighting Pty Ltd) is advised when order is placed that the order is subject to delivery within a certain period.
(B) Back orders will be held at our discretion unless advised otherwise and if below the minimum delivery value (see 3 (A) ), they will be forwarded with the next order placed. - Warranties
(A)The only conditions and warranties which are binding to ILD (Innovation Lighting Pty Ltd) in respect of the state, quality or condition of the goods supplied by it to the Purchaser are those implied and required to be binding by stature and cannot be excluded (including the Trade Practices Act, 1974) and the extent permitted thereby the liability, if any, of ILD (Innovation Lighting Pty Ltd) arising from the breach of such conditions or warranties shall, at ILD (Innovation Lighting Pty Ltd)’s option, be limited to and completely discharged by either the replacement or repair by ILD (Innovation Lighting Pty Ltd) of the goods supplied to the Purchaser and otherwise all conditions and warranties whether express or implied by the law in respect of the state, quality to condition of the said goods which may apart from this clause be binding on ILD (Innovation Lighting Pty Ltd) are hereby expressly excluded and negated.
(B) Except to the extent provided in 7 (A) ILD (Innovation Lighting Pty Ltd) shall have no liability (including liability in negligence) to any person for any loss or damage consequential or otherwise howsoever suffered or incurred by any such person caused by or resulting directly or indirectly from any failure, breakdown, defect, deficiency or whatsoever nature or kind of or in the goods.
(C) Upon receipt of goods returned for repair or replacement, ILD (Innovation Lighting Pty Ltd) will determine whether those goods qualify for repair or replacement and authorisation prior to proceeding. ILD (Innovation Lighting Pty Ltd) shall have no liability to pay any costs of repair performed by anyone other ILD (Innovation Lighting Pty Ltd) unless in each instance ILD (Innovation Lighting Pty Ltd) has given prior written approval of such repair in which case ILD (Innovation Lighting Pty Ltd) will pay the amount that ILD (Innovation Lighting Pty Ltd) considers to be the reasonable cost hereof - Price Changes
(A) All prices are current at the time of printing and subject to change without notice
(B) The unit price contained in any quotation shall be based on the quantities of goods referred to in the quotation. Should there be any variation in the total quantity of goods ordered from that quoted ILD (Innovation Lighting Pty Ltd) reserve the right to amened the unit price quoted. - Suggested Retail
All prices are Recommended Trade Prices for the convenience of ILD (Innovation Lighting Pty Ltd)’s customers and act as a guide only. There is no obligation to use this price. All orders will be shipped at prices in the effect at the time of Shipment and all previous price lists will be regarded as automatically cancelled - Patents
To the best of ILD (Innovation Lighting Pty Ltd)’s information and belief, its goods do not infringe any third parties Australian patent rights. ILD (Innovation Lighting Pty Ltd) however, shall have no liability whatsoever to the Purchaser or its customers where any claim or proceedings are brought against the Purchaser or its customers based upon any allegation that ILD (Innovation Lighting Pty Ltd)’s goods, or any part thereof, infringe such rights. - Legal Construction
These trading Terms &Conditions shall be governed and interpreted according to the laws of Victoria Australia - Non Waiver
No waiver or modification of any of the Trading Terms & Conditions shall be effective unless such waiver or modification is in writing and signed by an authorised representative of ILD (Innovation Lighting Pty Ltd). Should you have any query please discuss this with out representative or contact any of our phone sales departments. - Goods and Services Tax
All prices listed are exclusive of GST. All goods subject to GST will be invoiced at price plus GST and detailed on a tax invoice. - Copyright
All copyright and other intellectual property rights in all text, images, sound, software and other materials on this website or in printed material are owned by ILD (Innovation Lighting Pty Ltd) or are included with permission of the relevant copyright owner. Please view our copyright document for more information. - Changes to terms and Conditions
The following changes have be made to version dated 3/06/11 and are effective as at 14/06/11
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- Section 16 have been added
- Section 15 has been added – “All copyright and other intellectual property rights in all text, images, sound, software and other materials on this website or in printed material are owned by ILD (Innovation Lighting Pty Ltd) or are included with permission of the relevant copyright owner. Please view our copyright document for more information.
- Section 3 Amended to – “Due to increased costs, orders of $200 (ex GST) or less will incur freight charges accordingly”
- Section 4 Amended to – “Invoiced orders in excess $200 (ex GST) or less, be delivered - FIS (Free in Store) within the Melbourne CBD”
- Section 6 C is now Section 6 D and updated to – “GOODS RETURNED: NO GOODS WILL BE ACCEPTED WITHOUT A RETURN AUTHORITY NUMBER FROM THIS COMPANY (INVOICE NUMBER AND DATE ARE REQUIRED ON ALL CLAIMS). IF INVOICE NUMBER CANNOT BE QUOTED, goods will be credited at ILD’s (Innovation Lighting Pty LTD) current best catalogue price, less 20 per cent to cover any possible price increase since data date of purchase . Goods cannot be accepted back by ILD (Innovation Lighting Pty Ltd) unless our office has received prior notification. If we agree to accept goods back, we will advise the mode of transport acceptable to us. Fright will not be paid on goods returned by means other than those nominated by ILD (Innovation Lighting Pty Ltd).
- Section 6 C is been added – “All customers cannot take up credit on any account payments until agree upon with ILD (Innovation Lighting Pty Ltd). Until such agreement has been formally advised, all outstanding payments remain valid & payable as stated on originally invoice..
- Term ILD has been updated to ILD (Innovation Lighting Ltd Pty) for clarity
