1. Definitions:

In these Terms and Conditions;

(a) “Client” means the person, firm or company from whom the order is received or such other party as The Rack’n Stack Warehouse may agree in writing to regard as the client for the purposes of the contract.

(b) “Contract” means the contract entered into between the Client and The Rack’n Stack Warehouse by The Rack’n Stack Warehouse acceptance of the Client’s order, based on the terms set out in the Quotation, including these General Conditions.

(c) “Quotation” means The Rack’n Stack Warehouse quotation to perform the Works, or supply the goods, including any drawings and specifications referred to or included therein.

(d) “Site” means the Site or address described in the Quotation where the works are to be carried out or the Goods are delivered.

(e) “Goods” means any works to be performed and/or services to be provided and/or goods and materials to be supplied by The Rack’n Stack Warehouse as described in the Quotation.

(f) Any reference herein to the terms set out in the Quotation or the works, services, goods and materials described therein shall be taken to include any variation thereto set out in the acknowledgement of order or otherwise agreed in writing by The Rack’n Stack Warehouse from time to time.

2. General

(a) The Quotation shall, unless previously withdrawn by The Rack’n Stack Warehouse, remain open for order for 30 days from the date thereof and shall lapse thereafter unless subsequently confirmed in writing by The Rack’n Stack Warehouse (b) The Quotation is open for order only on the basis of these General Conditions, provided that where there is any conflict or discrepancy between the terms of the Quotation and these General Conditions the terms of the Quotation shall prevail.

(c) Any order shall be an offer subject to acceptance in writing by The Rack’n Stack Warehouse or acceptance by starting to perform the order.

(d) Notwithstanding any other term hereof any term of the Quotation the acceptance by The Rack’n Stack Warehouse of an order pursuant to 2© shall be subject to the right of The Rack’n Stack Warehouse thereafter to terminate the contract without liability by notice in writing posted or sent by facsimile to the Client within 14 days of receipt of the order in the event that The Rack’n Stack Warehouse is not in its absolute discretion satisfied with the credit status of the Client. Any time set out in the Contract for performance of the contract shall be extended by 14 days to enable The Rack’n Stack Warehouse to carry out any credit checks considered necessary.

3. Limitation of Liability

Warranty:

Rack n Stack Warranty

 

5. Price

(a) The prices contained in the Quotation shall be correspondingly increased (subject to any statuary exception) where, between the date of the quotation and the completion of the works there are increases in the scheduled rates, materials prices, or other charges of The Rack’n Stack Warehouse where the client requests work to be performed by The Rack’n Stack Warehouse outside its normal working hours.

(b) Unless otherwise agreed in writing all prices given by The Rack’n Stack Warehouse exclude delivery

(c) The price is exclusive of GST and any other taxes, duties, levies and expenses in respect of the Goods all of which shall be payable by the Client unless otherwise agreed in writing.

6. Payment

(a) Unless otherwise agreed in writing, payment by the Client shall be made by the due date as shown on the invoice. All payments must be made to The Rack’n Stack Warehouse address as shown on invoice or alternatively by direct credit transfer to Bank account detailed on invoice.

(b) The Client shall not be entitled to and shall not purport to set off, withhold or deduct any payments claimed by or due to the Client under to contract or any other contact between the Client and The Rack’n Stack Warehouse

7. Delivery

(a) Any date stated for dispatch or delivery are approximate only and The Rack’n Stack Warehouse accepts no liability for loss or damage, either direct, indirect, or consequential, resulting from such delay or failure to deliver the Goods for any reason whatsoever.

(b) Any delay in delivering the Goods shall not give rise to a right by the Client to treat the Contract as repudiated or to reject the Goods.

(c) If the Client refuses or failed to take delivery of the Goods at the time stated for delivery The Rack’n Stack Warehouse shall be entitled, at its discretion to store the Goods at the risk of the Client. The Client shall in addition pay all costs and expenses of such storage and any additional costs of carriage incurred.

(d) The Rack’n Stack Warehouse reserves the right to deliver by installments at its discretion. These conditions shall apply to each such delivery.

(e) The Client shall inspect the goods on delivery and shall notify The Rack’n Stack Warehouse in writing within 3 days of any shortage or damage in transit.

(f) The Client shall also on delivery mark the carrier’s delivery note the details of any visible defect or damage.

(g) The Rack’n Stack Warehouse will not consider any claims made by the Client in respect of shortages or defects unless these conditions are observed.

(h)The Goods shall be deemed to have been delivered when the Client collects the Goods from our premises at any time after we have notified you that the Goods are ready for collection or, if we agree some other place for delivery, when we deliver the Goods to that place.

8. Documents

All drawings and specifications prepared by The Rack’n Stack Warehouse under the contract shall remain the property of The Rack’n Stack Warehouse and the copyright is reserved accordingly and no copies shall be made or extracts taken without the prior written consent of The Rack’n Stack Warehouse.

9. Cancellation

In the event of cancellation of the Contract at any time by the Client for any reason whatsoever, The Rack’n Stack Warehouse shall be entitled to make a cancellation charge which shall be paid by the Client within 28 days of notification of the charge by The Rack’n Stack Warehouse to the Client.

10. Termination

The The Rack’n Stack Warehouse shall without prejudice to any other right or remedy available to The Rack’n Stack Warehouse, and by giving notice in writing to the Client, be entitled to suspend or cancel any uncompleted part of the contract or stop any goods in transit or require any payment in advance or satisfactory security for further deliveries under the contract in the event that:

(a) The Client defaults in payment or is otherwise in breach of its obligations to The Rack’n Stack Warehouse under the contract or under any other contract with The Rack’n Stack Warehouse or;

(b) The Client makes a voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt commits an act of bankruptcy or (being a company) goes into liquidation; or

(c) An encumbrancer takes possession or a receiver is appointed of any of the property or assets of the

Client; or

(d) The Client ceases, or threatens to cease to carry on business; or

(e) The Rack’n Stack Warehouse has reasonable cause to believe that any of these events is likely to occur and notifies the Client accordingly.

11. Title

All goods and materials supplied by The Rack’n Stack Warehouse shall remain the property of The Rack’n Stack Warehouse until paid for in full. Further all goods and materials supplied by The Rack’n Stack Warehouse shall remain the property of The Rack’n Stack Warehouse until the Goods have been completed and the Client has paid to The Rack’n Stack Warehouse all monies due and owing under the Contract. In the event of any default by the Client in payment under the Contract including but not limited to payment of the price for the Goods in full to enter upon the site and dismantle and remove any goods and materials supplied pursuant to the Contract and the Client hereby grants to The Rack’n Stack Warehouse an irrevocable licence to enter upon the Site for this purpose.

This clause shall not reserve to The Rack ’n Stack Warehouse ownership of materials or the right to remove the same to the extent that they have become affixed to land in consequence of which title shall have passed (other than where such title is voidable by the Client) to a person other than the Client, who is the owner of or has some other relevant interest in the said land.

Notwithstanding reservation of title, the Client has authority to deal with and dispose of the goods and materials in the ordinary course of its business (holding the proceeds of sale separately in trust for The Rack’n Stack Warehouse to the extent required to meet all the sums due and owing to The Rack’n Stack Warehouse unless and until The Rack’n Stack Warehouse shall withdraw such authority in writing in the event that the Client makes any default in payment or The Rack’n Stack Warehouse has reasonable cause to believe that such default may occur and on receipt of such notice the Client shall carefully preserve the goods and materials and permit The Rack’n Stack Warehouse to collect the same.

12. Terms Of Sale

a) Any advice or recommendation we may give as to the storage, application or use of the Goods and which we do not confirm in writing is followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation which is not so confirmed.

b) Any typographical, clerical or other error or omission in any sales literature, website based information, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.

c) No drawings, illustrations or descriptions or any other information submitted or contained in catalogues, our website or other advertising matter shall be deemed to form part of the contract but are for general information and guidance only.

13. Orders for Goods

a) All orders placed by the Client are on a “firm sale” basis. We do not operate a “sale or return” or “exchange and return” policy.

b) The Client accepts full responsibility for the accuracy of all orders you place with us.

c) The Client acknowledges that all descriptions, specifications, drawings and details of weights and dimensions produced by us are approximate only.

14. Governing Law

The construction, validity and performance of the Contract shall be governed by Australian Law and the parties shall accept the jurisdiction of the Australian courts.