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1 Delivery and Force Majeure
1.1 CEL will make reasonable efforts to adhere to quoted, requested or agreed
delivery dates. However, CEL will not be liable for any failure to deliver products
on or by these dates.
1.2 If the purchaser uses its own carrier, delivery of the products will be ex-CELs
store.
1.3 CEL will not be liable for any loss or damage in respect of any failure or
delay in performance of its obligations under these Terms and Conditions if that
failure or delay is due in whole or in part to any cause beyond its control (including,
without limitation, fire, storm, flood, earthquake, strikes, delays in transit,
shortage of materials or machinery, delays in delivery or shipment on the part
of manufacturers, suppliers or agents). In such an event, CEL may extend the quoted,
requested or agreed delivery dates or deliver part of an order or suspend delivery
during that period of delay or may cancel the order.
2 Risk and Title
2.1 All products will be at purchasers risk upon delivery to the purchaser or
its carrier.
2.2 CEL retains title to all products supplied by it to the purchaser, until CEL
has received payment in full of all sums due in connection with the supply of
all products by CEL to the purchaser at any time. In the case of payment by cheque
or bill of exchange, title will not pass to the purchaser until it is honoured.
2.3 If payment for any product is overdue, CEL is entitled, without prejudice
to any of its other rights and remedies, to repossess products owned by CEL and
to enter into any premises upon which these products are stored, without notice,
for this purpose. CEL will not be liable to the purchaser for any loss or damage
suffered by the purchaser and the purchaser will indemnify CEL against any claims
or demands made against CEL by third parties in connection with CELs exercise
of its fights under this paragraph 4.3.
2.4 Nothing in these Terms and Conditions affects CELs rights as an unpaid seller.
3 Inspection and Return of Products and Cancellation of Orders
3.1 The purchaser must inspect the products immediately on delivery. Without limiting
CELs right to dispute such a claim, any claim for damaged or short or wrong delivery
must be made in writing and received by CEL within seven working days of delivery.
Otherwise, the purchaser will be deemed to have accepted the products and, to
the extent permitted by law, the products will be deemed to be free of any defects
that would be apparent on reasonable examination. Allegedly damaged or wrongly
delivered products must not be returned to CEL until requested and must be made
available for inspection by CEL or its representative. To the extent permitted
by law, if CEL is satisfied that products are damaged (other than as a result
of transit by the purchasers carrier) or that there has been wrong or short delivery
of products, CEL will, at its option, replace these products or refund or credit
any portion of the invoiced price attributable to these products.
3.2 Subject to paragraphs 5.1 and 6 products may only be returned to CEL for credit:
3.2.1 with, and in accordance with the terms of, the prior approval of CEL (“Returns
Authorisation”);
3.2.2 after a Returns Authorisation number has been issued; and
3.2.3 so long as the products are received by CEL in their original and re-saleable
condition. Where the products are so returned, unless the error was due to shipment
not being in accordance with the customer order, a handling and restocking charge
of 15% of the total invoiced price will be charged and deducted from the credit.
If CEL requires products to be returned by its nominated carrier it will bear
the cost. Otherwise, CEL will not be responsible for any expense in connection
with the return of products.
3.3 A request for cancellation of any order by the purchaser must be notified
to CEL in writing no later than seven days prior to any quoted, requested or agreed
delivery date and must be agreed to by CEL. If CEL agrees to the cancellation,
a cancellation fee of 10% of the total value of the order cancelled will be payable
by the purchaser at CELs option.
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| FES-BPH14.4T |
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| 14.4V 2.2ah NiCd replacement battery to suit Festool<... |
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$126.00. GST incl
$100.80. GST incl |
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