In these Terms:
Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding or modifying any condition, warranty, guarantee, right or remedy implied by law (Including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.
Unless previously withdrawn, a quotation from Solasta Life is open for acceptance within the period stated on the quotation or, where no period is stated, within thirty (30) days after the date shown on the quotation. A quotation does not constitute an offer to sell and/or provide Goods but is an invitation to treat only. Solasta Life reserves the right to refuse any order based on its quotation within seven (7) days after the receipt of a Purchaser’s order. A contract shall be formed between Solasta Life and a Purchaser on the acceptance by Solasta Life of a Purchaser’s order and not otherwise.
Solasta Life’s terms of payment are thirty (30) days from the date of the relevant invoice, unless otherwise stated on such invoice. Solasta Life reserves the right to require payment with the order or satisfactory evidence of the ability of the Purchaser to pay for the Goods ordered by the Purchaser. Interest at 10.5% is pay able on amounts which are more than thirty (30) days overdue.
Title to Goods
In addition, the warranty coverage does not apply to defects caused by the supplied Goods being subjected to the following; unauthorised modifications or connections, unauthorised opening or repair, repair by use of unauthorised pans, accident, force majeure, or other acts beyond the reasonable control of Solasta Life.
(a) – in the case of Goods, any one the following:
i. the replacement of Goods or the supply of equivalent goods;
ii. the repair of Goods;
iii. the payment of the cost of replacing Goods or of acquiring equivalent goods;
iv. the payment of the cost of having the goods repaired;
(b) – in the case of services
i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again.
No order shall be cancelled or deferred without the prior written consent of Solasta Life.
Goods may only be returned with the approval of and at the sole discretion of Solasta Life. Goods so returned will be subject to a re-stocking charge of 15% of their invoiced value.
These Terms are governed by and shall be construed in accordance with the laws of Queensland.
These Terms are governed by the Personal Property Securities Act 2009 (Cth) and Competition and Consumer Act 2010 (Cth) (“Acts”), as amended from time to time. Any capitalised words, used in these Terms. but not defined in these Terms will take on the meaning of such defined words in the Acts and if not defined in the Acts, then its ordinary meaning.
If any of these Terms are held by a Court of competent jurisdiction to be invalid or otherwise un enforceable, that provision will be severed from the Terms and the remainder of these Term s will continue to be effective and valid notwithstanding such severance.