Terms and Conditions – Proforma Sales
These terms and conditions apply to the sale of products including, but not limited to, brands Sirius Valentina and Capital, distributed by Arisit Pty Limited. While acquiring these products through an Agent (Harvey Norman, Winnings, Bing Lee etc), your agreement is made directly with Arisit Pty Limited.
Please read these terms and conditions carefully as they relate to the purchase and delivery of your product. By purchasing products, you agree to the terms and conditions set out below.
Please note these terms and conditions may be amended at any time and Arisit Pty Limited reserve the right to make changes or updates at any time without notice.
For the purposes of the below terms and conditions, the Customer is the buyer, and the Agent is the seller, and the Distributor is Arisit Pty Limited.
Agreement
This agreement is made between the Customer and Distributor for the purpose of the purchasing of the product/s as specified in the order, and includes the acceptance of the terms and conditions as set out below. Additional terms may apply.
Note: a 15% cancellation fee may apply to confirmed orders that are later cancelled.
Purchasing
The price payable by the Customer for the order is the price specified on the order confirmation. This amount is payable to the Distributor before the delivery of goods.
Payment can be made to the Agent, who is responsible for transferring the payment to the Distributor on behalf of the Customer in a timely manner as defined by terms in Agent’s contract.
If a promotion is valid at the time of purchase, this will be reflected on the order confirmation. If a purchase is made outside of a promotional period, no promotional discount applies, even if the goods have not been delivered. A promotional discount cannot to applied to sales made outside of the promotional period. A promotion can be discount, free or discounted complimentary goods or services
Purchases of discounted items due to display stock, trade seconds or other discounted items are not included in promotional products and sales.
Promotions are only available for private/domestic/household purchases and are not available for commercial sales.
Full payment for the order is required prior to delivery of the product/s. This includes any outstanding balances due.
If delivery date is within 7 days of the order being placed, payment in full is required at the time of the order being placed.
Purchase of ‘Display Stock’ or ‘Trade Seconds’ is to be paid within 14 days of the order being placed. Items are not to be taken/delivered until full payment is received by the Distributor. Once paid in full, stock is to be taken within 14 days of sale.
Indent orders – that is special or customised orders, orders placed for items not held in the Distributors warehouse, or bulk purchases that are produced specifically for the Customer require a lead time of 10 – 16 weeks.
A 30% cancellation fee applies to confirmed ‘indent’ orders that are later cancelled.
Items can be stored at the Distributors warehouse for a period of up to 180 days from the time of purchase. Failure to collect the goods after the 180 days may cause the Distributor to cancel the order, and a 15% cancellation fee may apply, or 30% cancellation fee for indent orders. The Agent may agree to store goods on behalf of a customer, at their own expense.
The Distributor remains the owner of the product/s until payment is made in full to the Distributor and delivery has been completed to the Agent.
Delivery
Delivery default is to the Agent’s warehouse facility where the order was placed (Harvey Norman, Winnings, E&S etc). Deliveries direct to the Customer may be arranged, dependent on the location, at an additional cost.
Note: Delivery of product/s ordered will not be completed until full payment is received by the Distributor.
A final delivery date will be mutually agreed upon by the Customer and Distributor. The Distributor will use all reasonable efforts to delivery the product/s on the delivery date. If the delivery date is not achievable, the Distributor will notify the Customer and organise a new delivery date.
The Distributor cannot guarantee delivery times as this is subject to our third-party courier service.
In case of a direct delivery, If the Customer is not present to accept delivery of the product/s on the agreed delivery date, the Customer may be liable for a re-delivery fee and a new date agreed upon. Re-delivery fees must be paid prior to re-delivery of product/s.
For deliveries outside of the city metropolitan areas, an agreed location as specified by the Distributor may be used for the delivery and collection of product/s may apply. The Customer will be notified of the location and collection organised.
For Customer direct deliveries, the delivery of product/s only applies to ground floor locations, meaning no stairs involved in the delivery. If lift access is available, deliveries may be made to apartment buildings. Additional charges may apply if delivery to the Customer is outside standard conditions. Fees will be discussed between the Distributor and the Customer.
Standard delivery conditions consist of deliveries to the Customer’s house with a drop point being as close to the house as possible. Any hinderance or obstruction may result in additional charges, or may result in the Customer’s responsibility to transfer the product/s from the most accessible point on delivery. Hinderances and obstructions may include, but are not limited to, stairs, excessive slopes, limited access including road access, property access, doorways etc.
If ordered product/s are not available for delivery due to the product/s being discontinued, an agreed replacement may be discussed with the Customer. If an equivalent product/s cannot be agreed upon by the Customer and the Distributor, the order and agreement will be cancelled with immediate effect. All payments received by the Distributor will be refunded to the Customer.
If the Customer accepts the delivery of the product/s and later changes their mind or they ordered the incorrect product, as stated in the consumer protection legislation, the Distributor may, at their discretion and upon request by the Customer, agree to:
- Accept return of product/s from the Customer
- Provide replacement product/s to the Customer
Under these circumstances, the Customer may pay:
- Any difference between the price of the original product/s being returned and the price of new product/s as replacement
- A re-stocking fee of 15% of the product/s being returned
A re-stocking fee represents the costs incurred by the Distributor in processing, accepting, repacking and restocking product/s returned where the fault is not with the Distributor. No re-stocking fee applies to the Customer where the Distributor is a fault.
If the Distributor is unable to make contact with the Customer to arrange delivery or collection of product/s, this includes via telephone and email, the Distributor may give the Customer 30 days notification to organise delivery or collect the goods. If the Customer fails to take delivery or collect the product/s within the 30 days period, the order and agreement is terminated, and cancellation and re-stocking fees may apply.
Warranties
Sirius Valentina
Warranty on Sirius Valentina applies for a period of 3 years on all products.
An extended warranty of 3 years – totalling a warranty of 6 years, applies to product/s installed using Sirius Ducting.
Offboard motors are covered under a separate warranty for a 10 year period for manufacturing defects only.
All warranties apply for parts and labour in Australia, commencing from the date of purchase.
Warranty of product/s are implied under the consumer protection legislation. In addition, the Distributor warrants that the product/s will be free from defects in material and workmanship, unless state otherwise, for a period of 3 years from the date or purchase, and within reasonable usage consideration, including standard wear and tear to the product including, but not limited to, knobs and buttons, filters, batteries etc.
To the extent permitted by law, should the Distributor be liable for breach of a condition or warranty implied by current consumer law, out liability for the breach will be limited to one of the following as determined by the Distributor:
- The replacement or repair of the product/s or the supply of equivalent goods; or
- The payment of the cost of replacing or repairing the goods or acquiring equivalent goods.
These additions do not replace any of the Customer’s consumer rights as based on prevalent laws.
Privacy
The Distributor will collect and deal with the Customer’s personal information, including name, address, contact details etc, only in accordance with the Distributor's privacy charter. This privacy charter is available from the Distributor by contacting [email protected]
The Distributor may disclose the Customer’s personal information to related companies and organisations which provide services including delivery, repair and warranty services for the Customer.
Governing Law
This agreement is governed by and construed in accordance with the laws of the state of Victoria, Australia, and the parties irrevocably submit to the exclusive jurisdiction of the courts of or in that state.
If you have any questions about this agreement, please contact us at [email protected]