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We are required to automatically charge and withhold the applicable GST for orders.
- Consumer Guarantees Act 1993
WHERE THE CUSTOMER IS THE BUSINESS END USER - it is acknowledged that where the acquisition of Goods by the Customer from RAJ (RA Johnstone & Co Ltd) is deemed to be for the business purposes of a business, these terms shall have the affect of contracting out of the provisions of the Consumer Guarantees Act 1993 to the extent permitted by that Act and all provisions of these terms shall be read as modified to the extent necessary to give effect to that intention.
WHERE THE CUSTOMER RESELLS THE GOODS TO A THIRD PARTY CONSUMER FOR HOUSHOLD OR DOMESTIC USE - the Customer shall be mindful of its obligations under the Act to offer repair, replacement or full value of the Goods to the purchasing consumer subject to the claims conditions and upon informing RAJ where damage or defects occur. RAJ shall determine the option to be taken at its sole discretion and shall inform the Customer.
The Customer may use published material and instructions of care for the Goods provided by RAJ but shall not, give or make any undertaking, assertion or representation in relation to the Goods to any other person or company.
If the Customer makes any other representations to the purchaser the Customer shall indemnify RAJ against any liability or cost incurred by RAJ as a result of any breach by the Customer of this provision.
- Claims for Defective Goods or Services, Discrepancies and Shortages
RAJ may, at its discretion, repair or replace any damaged or defective Goods or Services provided that the Customer advises RAJ of the claim within fourteen (14) days of the defect occurring together with a claim specifically identifying the damage or defect(s); and provided that the Customer does not continue to use the Goods once the defect is known. Discrepancies and shortages of parts must be notified to RAJ with fourteen (14) days of delivery.
- When Claims will not be considered
RAJ's liability in respect of any claim shall relate only to specific manufacturing defects in the Goods. The Customer agrees that RAJ will not consider claims from the Customer in respect of Goods which:
(a) the Goods have not been paid in full and according to the terms of payment.
(b) the defect is due to or resulting from damage of misuse or use contrary to the printed instructions of the Company for maintenance of care while in the possession of the Customer.
Common misuse is:
- not stocking the Goods in accordance RAJ instructions or instructions on the packaging or label.
- the Goods are used for purposes other than for the description of use.
- the Goods are subject to impact or heavy loads during stocking.
(c) the defect or failure is caused by the Customer or a third party on behalf of the Customer attempting altering or mixing of the Goods with other goods.
(d) the defect or failure is due to environmental conditions of the Customer’s site causing deterioration.
If the Customer does not comply with the above requirements for warranty and claims the Customer will be deemed to have accepted the Goods and RAJ will not incur any liability whatsoever in relation to the Goods.
- Claims for Goods Incorrectly Ordered
RAJ reserves the right to allow claims for Goods that are incorrectly ordered by the Customer (provided that they are not made to order) by retaining fifteen per cent (15%) of the invoice price plus freight costs as an administrative charge and handling fee.
Claims for Goods incorrectly ordered will not be recognised by RAJ unless the Goods are in original condition and unless the Customer advises RAJ within seven (7) days of delivery.