Radio Warehouse Pty Ltd Standard Terms & Conditions of Sale

(updated June 7th 2024)   

  1. APPLICABLE TERMS AND CONDITIONS: The acknowledgement of this order by Radio Warehouse Pty Ltd, hereafter referred to as “RW” or "the Seller," or commencement of any performance by the Seller pursuant to this order shall constitute purchaser's acceptance of the Seller's terms and conditions and the prices set forth herein and this order is expressly conditioned upon the applicability of Seller's terms and conditions exclusively. No terms or conditions stated by the purchaser shall be binding on the Seller unless such terms or conditions are expressly accepted in writing by the Seller. The failure of the Seller to specifically object to any or all the terms and conditions set forth herein and the purchaser, upon the acknowledgement of the quotation or upon Seller'' commencement of performance hereunder, shall be deemed to have withdrawn any such terms and conditions that conflict with, are inconsistent with or are in addition to the terms and conditions set forth herein.
  1. CHANGES: The purchaser may at any time, in writing, make changes within the general scope of this order in the quantity, specifications, shipping or packing instructions or place of delivery. If any such changes cause an increase or decrease in the cost, or impact the delivery schedule, then an equitable adjustment in the price, the delivery schedule or both shall be made and such order shall be modified accordingly. The purchaser may cancel all, or part of theequipment order at anytime up until the equipment is ready for shipment from the factory. Thereafter a re-stocking fee of 15% shall apply to the cancelled items. RW reserves the right to vary these terms, in writing, for large orders. In the case of orders for Contracted Services any cancellation following issue of the order will be subject to a cancellation fee of 15% of the order value, or, payment for all services rendered and expenses committed at the time of cancellation, whichever is the greater.
  • Product warranty:

RW warrants each new product sold by RW to be free from defects in material and workmanship under normal use and service. The obligation and liability of RWC under this warranty is limited to the repair or replacement at its factory, at the option of RW, of any such product which provesdefective within the quoted warranty period (six (6) months for personal accessories, or, twelve (12) months for all other products) after delivery, and is found to be defective in material and workmanship by RW inspection. Products of warranty consideration shall be returned with all transportation charges prepaid to RW or our nominated local service supplier in shipping containers that are adequate to prevent loss or damage in shipment. RW will pay the return carriage costs. Products repaired or replaced under this warranty are warranted for the un- expired portion of the original warranty.

RW shall not be obligated or liable under the warranty for apparent defects which examination discloses are due to tampering, misuse, neglect, improper storage, acts of nature, physical abuse, normal wear and all cases where the products are disassembled by other than authorised RW Representatives. In addition, RW shall not be obligated or liable under this warranty unless the date of delivery to the first end user shall be within one (1) month from the date of delivery to the original purchaser, if different from the first end user, and further provided that written noticeof any defect shall be given to RW within thirty

(30) days from the date such defect is first discovered.

  • Contracted Services

RW warrant that all services will be delivered to industry standards to the best of its skills and ability.

  • Other than the liability set forth in any expressed warranty applicable to the products sold tothe purchaser, RW shall not be liable for the consequential, incidental or other type of damages and expressly excludes and disclaims such damages resulting from or caused by the use, operations, failure, malfunction or defects of any products/services sold to the purchaser under any order, resulting from this quotation, it being understood that the products sold to the purchaser are not consumer
  • The terms of the applicable warranty or warranties, as the case may be, as set forth above, are the sole and exclusive warranty terms that shall have any force and effect in this order, resulting from this quotation and such terms and in lieu of all other warranties, expressed or implied, including the implied warranties of the merchantability and fitness for a particular purpose, which are herewith expressly
  1. SHIPMENT: RW will pay freight to buyers nominated point within Australia for a nominal charge of AUD$24 GST Inclusive which will be added to the equipment invoice. Any special delivery or abnormal packaging requested by buyer will be included in as a separate charged line item.
  1. DELIVERY: Delivery will be accomplished within the time specified on the face of thisquotation or if no time is specified, within the normal lead time necessary for the Seller to deliver the products in question. Anything to the contrary notwithstanding, the Seller shall not be liablefor any reasonable delay in product or services In the event a delay in production or delivery occurs beyond a reasonable period of time, which delay is occasioned by fire, strikes, civil or military authority, war, hostility, riots, government action, energy crises, the failure of Seller's suppliers to make timely delivery of material or components, or where such delay is occasioned by other causes beyond the control of the Seller or without its fault or negligence, then date or dates for delivery of the equipment/services shall be extended for a period equal to the time lost by reason of any such delay.
  1. PAYMENT: All products and services will be invoiced at time of shipment according to the following schedule:
  • Prepaid in full
  • Unless otherwise specified, any items or services rendered sold on credit, are provided on 30 days nett terms of payment from the date of shipment of products or performance of services. Where discount is available, payment must be within the specified timeframe to earn that discount.
  • Late payment charges of 3% per month or part there of, or the maximum contractual rate permitted by law, whichever is less, and may be assessed on all unpaid or past due invoices, plus all applicable inventory carrying and storage charges.
  • In the event of large Contracted Services orders, RW may request a progressive payment schedule agreed upon at time of order agreement.
  • Pro-rata payments are due from Buyer as shipments are made by Seller. If shipments are delayed by Buyer, payments shall become due from the date Seller is prepared to make shipment.
  • In the event Buyer has overdue invoices, Seller reserves the right to cancel any order without obligation or to delay delivery of goods until such time as delinquent invoices are paid in full with appropriate late charges. In the event Seller deems it appropriate to refer Buyer's overdue account to outside parties for collection, Buyer shall pay all Seller costs of collection, including without limitation reasonable attorneys' fees. Seller further reserves the right to deliver future shipments on a C.O.D. or cash-in- advance basis even after a delinquency is cured.
  • All sums owed Seller hereunder shall be due and payable under the terms hereof. Buyer shall not set off said sums against other sums, whether liquidated or not, that are or may be due Buyer, which arise out of a different transaction with Seller, its parent company, or its divisions, subsidiaries or affiliates.
  • Seller reserves the right to combine any of the above rights and remedies as is practicable and permitted by law. Nothing herein shall waive any other rights and remedies of Seller permitted by law orset forth in any order resulting from this quotation and all rights and remedies set forth herein shall be considered cumulative in addition to all other available rights and remedies.
  1. SET-OFF: All monies owed under any purchase order resulting from this quotation shall be due under the terms of this agreement and the purchaser is prohibited from setting off said sum due the Seller under this purchase order from sums, whether liquidated or not, that are or may be due the purchaser which arise out of a different transaction with the seller, its divisions, subsidiaries or affiliates.
  1. SERVICEABILITY: If any provision of this quotation is in violation of any Federal or State regulations, or is illegal for any reason, said provision shall be self deleting without affecting the validity of the remaining provisions.
  1. MATERIAL SHORTAGES AND ALLOCATIONS: In the event Seller is unable to obtain in a timely manner material sufficient to fulfill all of its orders on hand, the Seller shall have the right as a result of said material shortages to equitably allocate lesser quantities of the products to be delivered to all purchasers on a proportionate basis and the contract price shall be equitably adjusted, taking into consideration, among other things, the reduced quantity of items to be delivered and the increased production costs, if any, to Seller as a result of manufacturing lesser quantities than
  1. INSPECTION: The purchaser shall inspect and accept any products delivered in response to this quotation, immediately after purchaser takes custody of such products. In the event the products do not meet the drawings, designs and/or specifications, the purchaser shall notify the Seller of such non-compliance in writing and give the Seller a reasonable opportunity to correct any such non-compliance. The purchasers shall be deemed to have accepted any product delivered hereunder and to have waived any such non-compliance in the event a written notification that the products delivered hereunder do not comply with the drawings, designs and/or specifications, is not received by the Seller within fifteen days after the purchaser takes custody of the products delivered hereunder.
  1. INSOLVENCY: Seller may cancel the whole or any part of an order resulting from the quotation in the event of the suspension of purchaser's business, insolvency of purchaser, the institution, by purchaser or others, of bankruptcy, reorganization, arrangement of liquidation proceedings involving or affecting the purchaser, or any assignment for the benefit of creditors of purchaser or receivership that purchaser places itself in or may be placed in. Such cancellation shall be deemed a cancellation for default of purchaser.
  1. SPECIAL TOOLING: Title to dies, tools, jigs, fixtures, patterns or any other type of special tooling shall remain vested in the Seller, whether or not paid for or amortized over the products manufactured hereunder to the purchaser.
  1. TAXES: On-line prices are inclusive of GST. Prices quoted exclude Goods and Services tax and where applicable GST is shown as a separate item.