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Conditions of Use Conditions of Use
AMMOS™ SURFACES Pty Ltd General Terms and Conditions AMMOS™ SURFACES PTY LTD TERMS & CONDITIONS OF SALE 1. Return Goods and Claims Procedure The following specifies the conditions under which returned goods and claims for adjustment of account will be accepted by AMMOS ™ SURFACES Pty Ltd., hereinafter referred to as AMMOS. (a) Claims may be initiated by email or fax, however email contact is preferred, this being the most timely and efficient method for both parties. For all claims, contact AMMOS Customer Service Department by email at sales@ammos.com.au. (b) Goods the subject of a claim must not be returned to AMMOS without prior agreement and the issue of a AMMOS Returned Goods Authorisation. Provided the claim is within this Policy, AMMOS will immediately arrange for collection of the goods by it’s authorised carrier and will credit the purchaser’s account as soon as possible within the specific type of claim as noted below. The unilateral deduction of unverified claim amounts from periodic remittances to AMMOS is a practice not permitted under this policy and procedure. Credits issued prior to receipt of returned goods are done so in good faith conditional upon the following: (i) the goods physically returned to AMMOS correspond to the goods described in the claim: and (ii) with the exception of damaged or defective goods claims, the goods are in saleable condition and retain sufficient shelf life to enable AMMOS to offer the goods for sale under the standard shelf life policy applicable to such goods. The claim may be reversed or adjusted to the extent such conditions are not met. (c) Claims beyond the notification periods, or otherwise made or taken outside this policy and procedure will not be accepted. (d) The standard notification period for claims is 30 days from order placement with ammos. Exceptions are note below. 2. Policy Relating to Specific Types of Claim (a) Errors attributable to AMMOS or its Carriers – claims must be initiated within 30 days of payment, quoting applicable receipt or purchase reference number(s). (b) Order Errors and Other Returns Attributable to the Purchaser – Claims must be made within 30 days of payment, quoting receipt number, and must meet the requirements and conditions specified in paragraphs 1 and 2 above. Any handling or freight charges invoiced to the purchaser at time of supply will not be credited upon return of the goods. AMMOS will apply a handling and administration charge to the returned goods transaction. The charges applicable will be 20% of the total purchase/order price including GST (c) Pricing Claims – Claims for credit based on incorrect pricing of goods, services or other AMMOS charges, must be made to AMMOS within 30 days of payment, quoting applicable receipt number(s). (d) Goods Damaged, Lost in Transit or Short Delivered – Such claims must be made within 30 days of date of payment, quoting receipt number. Damaged goods must not be returned to AMMOS without prior written agreement via email to sales@ammos.com.au. Within this policy AMMOS will arrange for collection of the goods and immediately credit the purchaser’s account subject to condition 2(a) if the policy. The processing of claims for goods lost in transit or short delivered will be subject to prior verification against delivery/receipt documentation maintained by AMMOS carriers. Claims against goods received “subject to check” will not be accepted unless this practice has been specifically agreed between the parties in advance (e) Claims regarding allegedly Defective Products – Except where specific warranty provisions apply, claims alleging defective product must be made to AMMOS within 12 months of supply or within the recommended shelf life of the product, whichever is the shorter period. Where a specific warranty period applies from date of purchase, this will define the period within which claims will be accepted. All goods alleged to be defective are subject to inspection by AMMOS Sales Representatives and/or laboratory staff prior to acceptance of the claim. The initial point of contact for such claims is the AMMOS Customer Service email at sales@ammos,com,au. Where a claim is proven, credit will be given as soon as possible by the AMMOS Customer Service Department. (f) The Return of Goods at the Instigation or Request of AMMOS – With the prior agreement of the purchaser AMMOS will initiate the collection of subject goods and issue a credit upon verification of the quantities and dollar amounts involved. Since typically these requests relate to product replacement or withdrawal, or special market conditions, issues of salability and shelf life will vary with the situation and will therefore be agreed in writing at the time of AMMOS initial request. 3. Warranty Statement Purchaser’s Rights – Purchasers should seek advice as to their rights. Any rights implied by statute that cannot be excluded restricted or modified are not by this procedure or by endorsements on the goods or packages. Subject to that, AMMOS’s liability for the goods is limited to claims permitted under this procedure and to any express warranty given on the goods and liability for consequential loss including loss arising from negligence is hereby excluded. In cases where it is legally permitted, any remaining liability implied by statute is limited, at AMMOS’s option, to repair or replacement of the goods. Customer Obligations – Statutory rights may exist despite contrary endorsements on the goods or packages. Limited liability to the extent permitted by statute. 4. General Terms and Conditions of Sale Transportation – Freight prepaid and allowed (freight paid into store) via cheapest route as selected by AMMOS. If other modes of transport are required, this will be at the cost of the customer. The method of transportation and the carrier will be at the selection of AMMOS. The customer will upon receipt of the goods inspect the same and lodge any complaint in accordance with paragraph 3(d) above. Freight will be payable on all orders where the invoice value is less than $1000 excluding GST. All orders that are more than $1000 excluding GST will be ‘Free Into Store’ (FIS). The customer can chose to organise their own freight at their cost for orders that don’t meet the FIS requirement Variation of Agreement – All AMMOS sales are subject to these Terms and Conditions unless varied in writing by AMMOS. Any oral agreement, which does not conform, to these Terms and Conditions shall not be binding on the company. AMMOS reserves the right to vary these Terms and Conditions upon giving no less than 30 days notice. Proper Law – The Terms and Conditions of Sale shall be governed by the laws and the State of New South Wales. Note: This document operates and should be read in conjunction with AMMOS price lists and other statements of terms and conditions of trade in effect at any given time AMMOS™ SURFACES Conditions of Sale Where pallet and/or layer prices are applicable, all stock has to be delivered to the same location. (ie: split delivery to different locations are not possible) Returned Goods – errors not attributable to AMMOS AMMOS will apply a handling and administration charge to the returned goods transaction. The charges applicable are 20% of the value of the goods or $90.00 (whichever is the greater). Any handling or freight charges invoiced to the purchaser at the time of supply will not be credited upon the return of the goods.
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