1. Definitions

1.1 The “Buyer” means the person, firm or company who buys or agrees to buy Goods from the Seller.
1.2 The “Seller” means Phenix Trading Pty Ltd , ABN: 73 159 338 066.
1.3 “Conditions” means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.

2. Conditions

2.1 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the Buyer.
2.2 Any amendments to these terms and conditions must be confirmed in writing by the Seller.
2.3 Clearing of the buyer’s payment to Sellers Bank Account shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.

3. Prices and payment

3.1 The Price shall be the Seller’s price contained in the Seller’s Quotation.
3.2 Should a product’s price change between receipt of order and dispatch the buyer will be notified and given the opportunity to cancel the order and receive a full refund.
3.3 All Prices are inclusive of GST. Freight, Postage and Handling will be charged for separately.
3.4 Payment is due in full prior to the dispatch of the Goods. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer or to delay delivery until paid.
3.5 If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
3.6 If you place an order and agree to pay, you will be charged for the Goods and any applicable delivery fee.

4. Failure of Performance

4.1 If your payments are not processed or caused by invalid transactions, your order will be placed on hold for 3 days before your payment can be reprocessed.

5. Warranty and Liability

5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. When this is not possible the Buyer will be notified and can exercise their right of the replacement warranty. All other warranties, conditions or other terms implied by statute or common law are excluded to the fullest extend permitted by law.
5.2 The Seller only provides product warranty in the event the goods are found to be default.
5.3 The Seller will not be held liable in the event the Goods are damaged during the installation by a Third Party

6. Delivery

6.1 Where a specific delivery date has been agreed, and if this delivery date cannot be met the Buyer will be given the option to agree a new delivery date .
6.2 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
6.3 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.4 If the Buyer is not present at the address on the date of the delivery and is not able to receive the delivery on the agreed date, than the Seller may charge an additional sum for Freight and Handling.

7. Ownership and Risk

7.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
7.2 The Seller remains the owner of the Goods until the Seller has been paid in full for such Goods.
7.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within a reasonable time of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods.
7.4 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and either
a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or collect the Goods or
b) at the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.