Terms & Conditions
TERMS AND CONDITIONS
ACN: 078 317 316
ABN: 59 078 317 316
Applied Cleansing Solutions Pty Ltd own the trademarks; Gutter Master, Litter Master, Hydro Master, Insulation Master, ACS, Applied Cleansing Solutions
Applied Cleansing Solutions (hereafter referred to as “ACS”).
GENERAL TERMS AND CONDITIONS
The terms and conditions of sale will stand unless an agreement between the buyer and Applied Cleansing Solutions (ACS)have been agreed to in writing and with full consent of the Managing Director, ACS. We will not be held legally liable for any breakdown in the relationship between ACS and the buyer. We will endeavour to settle all disputes in a legal manner and with the conciliation and respect for the buyer’s situation.
Goods supplied by ACS to the buyer shall be at the buyer’s risk immediately upon delivery to the buyer, into the buyer’s custody or at the buyer’s direction. (Whichever happens first)
Property in the goods supplied by ACS to the buyer under these terms and conditions shall not pass to the buyer until those goods and other goods have been paid in full.
ACS reserves the right, at its absolute discretion, to:
- Determine whether to provide a customer with a credit, repair or replacement item
- Apply a re-stocking fee of up to 20% of the original price
- Assess the condition of the goods, ensuring that it has not been used, is in its original packaging and is in resalable condition and the machine has not been used and repacked. Also assess the packaging prior to authorising a credit, repair or replacement
- Refuse a credit, repair or replacement
- Refuse a credit for goods that were placed on special order (i.e. products not regularly stocked) All goods returned for credit under the following scenarios will be subject to a 20% re-stocking fee.
- Spare parts ordered incorrectly by a customer (i.e. wrong part no. quoted on purchase order, etc.)
ACS will only offer credit for goods returned under the above scenarios provided that the goods are
- in new resalable condition
- in its original packaging, including instruction manuals and all the accessories
- unopened, unused and in its original condition
If these requirements are not satisfied, ACS reserves the right to not offer a credit. ACS will accept product returns and may provide you with either a credit, repair or replacement where:
- The product is faulty
- The product does not match the sample or our description
- You must present your ACS invoice or other adequate proof of purchase for the above noted points.
ACS may elect to return the product to the manufacturer or their nominated repair agent to determine the nature of the problem. If the product is determined to be faulty, or not matching a description or sample. ACS reserves the right to not offer a credit, repair or replacement.
INTERPRETATION OF GOODS
All goods will be delivered as described, (subject to specification amendments) and the purpose to which those goods/products are designed. If the product arrives and it does not do what a buyer thought it would do then the responsibility lays with the buyer not ACS. Therefore, please choose carefully before making a purchase. We will not refund the cost of a product because the product will not do what the buyer thought it would do.
Please choose carefully, we do not provide refunds if you simply change your mind or make a wrong decision. You can choose between exchange or credit where goods are proven faulty by ACS. We will stand by all the products we sell and honour all stated warranties.
CANCELATION OF ORDERS
Once the order and deposit has been received and manufacturing has commenced the order cannot be cancelled by the buyer unless agreed to by the Managing Director, Applied Cleansing Solutions.
All our prices are in Australian dollars (AUD) and are subject to GST. Product prices are regularly updated when price changes are received from our suppliers and any substantial variation in AUD exchange rates. We reserve the right to change pricing as required and without notice. Overseas clients are not liable for GST and will not be charge for this tax.
TERMS OF PAYMENT (parts and pre manufactured items once an account has been opened)
Payment to ACS for goods delivered and accepted is due within 30 calendar days in which the buyer is invoiced for the goods. If the buyer fails to make payment in accordance with this clause, all amounts owing by the buyer to ACS name in the sales invoice or any other seller on any account shall immediately become due and payable.
Each outstanding amount shall bear interest of the rate of 10% per annum calculated on a daily basis from the day it falls due until the day it is paid.
Terms of payment for specially manufactured and or imported vacuum systems:
Certain products are specifically fabricated, manufactured or imported and such will require a deposit to accompany the purchase order prior to commencing manufacture. These products are listed as follows showing the terms of trade.
Insulation Master/Vac Master/Litter Master/Gutter Master/Drum Vac
A 20% deposit is to be paid with the official purchase order. Balance becomes payable in full prior to the collection or dispatch of the order.
Unless previously withdrawn, a quotation is valid for 30 days or such other period as stated in it. A quotation is not to be construed as an obligation to sell but merely an invitation to trade and no contractual relationship shall arise from it until the buyer’s order has been accepted in writing by Applied Cleansing Solutions.
An account application form must be competed and returned, if credit has been established, payment should be received 30 days from the invoice date the invoice is issued.
Any claim must be made within 2 days of receipt of goods, quoting the invoice number, the consignment number and the reason for the claim.
DELIVERY & FREIGHT
A freight charge, plus GST on the charge will apply to deliveries. Alternatively, we will send freight by the customer-nominated carrier if you provide your charge account number with that carrier.
ACS will take all efforts to deliver goods on time. If due to unforeseen circumstances the goods do not arrive on the specified or estimated delivery date ACS will not be held responsible and will not refund or pay for any other method of transport or upgrade on the original transport contract. As we manufacture and source our products, we can be held up by third parties beyond the scope of our control. If as a buyer you do not accept this condition please speak with us about potential delays.
If for any reason an invoice is disputed, any disputed invoice must be made within 2 days from receiving invoice, full details of the dispute must be sent to ACS.
Our policy of constant product improvement may result in changes to specifications. Ensure to confirm specifications at time of placing order.
For a period of 12 months from date of delivery ACS warrants to the original buyer equipment will be free of defects in materials and workmanship as determined at the date of shipment by ACS.
Engines that are fitted to ACS systems are covered by the engine manufactures warranty and any claim will need to be done via the engine manufactures service network.
After notification of an issue by the end user, ACS will have the option to schedule a technician to inspect, replace or repair defective parts at ACS facility. Defective parts or machines must be returned to ACS for warranty claim evaluation.
The costs of freighting the product back to ACS will be at the customer’s expense, unless advised otherwise by ACS.
Once ACS assess the product and determines the nature and cause of the fault/damage, we will contact you with the outcome of our assessment and provide you with further advice regarding a replacement, repair or warranty claim.
ITEMS NOT COVERED UNDER WARRANTY
There is no coverage under this Limited Warranty for any of the following:
Any damage from a cause outside of the equipment after the equipment was purchased by the Limited Warranty Holder. This includes, but is not limited to, damage during decommissioning, storage, transit and installation.
Any Mechanical or Electrical Breakdown that occurs outside of the Limited Warranty Period.
Any repair or replacement undertaken without prior notice to, and approval from, ACS™.
Any Mechanical or Electrical Breakdown that is not reported to ACS™ within 1 day of the breakdown.
Any Mechanical or Electrical Breakdown involving a part or component that has been added, substituted or modified subsequent to its sale, unless the work was performed by ACS™.
Items such as airborne dust filters, liquid filters, fuel filters or waste collection bags, vacuum wands, handles and vbelts, extensions, vacuum steam hoses, hoses, tyres, castors, clamps, clips, toggles, drums, booms, all vacuum cleaning tools/poles, hose reels, power leads and operator misuse or damage. Fuses and globes, generator capacitors and RCD’s. Normal wearing items such as plastic or rubber hoses, impellers or any part subject to periodic replacement.
Any Mechanical or Electrical Breakdown due to fire, lightning, explosion, windstorm or hail, collision, riot, vandalism, water damage, earth movement, flood or contamination.
Loss caused by an intentional act, wilful neglect, intentional overloading, improper testing, or the imposition of abnormal conditions.
Any costs to test, correct or replace software.
Cosmetic restoration or repair of conditions, which are not related to the effective operation of the Covered Equipment.
The in-house labour or materials of the Warranty Holder, unless specifically approved by ACS™.
Damage to any property other than the Covered Equipment specified under this Limited Warranty.
Loss of business, additional expenses or any other incidental or consequential loss.
Equipment not owned by the Warranty Holder at the time of the Mechanical or Electrical Breakdown.
Equipment rented, leased or loaned to any third party or operated by any third party outside of the Limited Warranty Holder’s control.
Erosion or corrosion.
Loss or expense covered under any manufacturer’s limited warranty, recall, or any other valid and collectible guarantee or limited warranty.
Any Mechanical or Electrical Breakdown for which the Limited Warranty Holder would be entitled to exercise a return privilege for the Covered Equipment.
LIMITED WARRANTY HOLDER RESPONSIBILITIES
In order to keep this Warranty in force during the full limited Warranty Period, the Covered Equipment must be installed, used and maintained in accordance with the manufacturer's requirements. This includes providing appropriate shelter, rotation and lubrication prior to installation. The Covered Equipment must not be used at any time for any purpose other than its intended, normal and customary purpose. In the event of a Mechanical or Electrical Breakdown, the Limited Warranty Holder must use all reasonable means to protect the Covered Equipment from further damage. When requested, the Limited Warranty Holder must allow ACS™ to service covered equipment as per service schedule and to inspect damaged parts or equipment. The limited warranty holder can opt to conduct service schedules and must maintain a documented record of such. Only genuine service items must be used.
Not covered by this warranty – Batteries, Hydraulic, plastic, rubber hoses, any type of filter, electrical cabinets, castors, wheels, tyres, fuses, vacuum tools and accessories, vacuum hoses, wands, handles and extensions, clips, toggles, overhead booms, power leads, generator condensers and RCD’s , consumables such as globes or similar items, any alterations to the equipment and any parts not provided by ACS including, negligence, abuse, misuse, overloading, failure to follow instruction supplied with purchase or accident.
ACS will not accept liability for loss of use or for any indirect or consequential damages which may arise as a result of product use or failure.
This warranty overrides all other warranties whether expressed or implied, warranties of fitness for a particular purpose and therefore excludes certification or the like for equipment performance, use or design with respect to any standard, regulation or the likes unless approved in writing by ACS, Managing Director. This warranty only extends to the first end user; if the goods are resold during the warranty period, then the warranty may no longer apply.
SUBMITTING A CLAIM
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED. NOLIMITED WARRANTY IS MADE AS TO THE MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE. THE LIMITED WARRANTY HOLDER’S ONLY REMEDIES ARE EXPRESSLY LIMITED TO THE LESSER OF THE COST TO REPAIR OR REPLACE THE COVERED EQUIPMENT SUBJECT TO THE LIMIT OF LIABILITY AND OTHER CONDITIONS STATED HEREIN. THIS LIMIT IS REGARDLESS OF WHETHER THE WARRANTY HOLDER ELECTS TO UNDERTAKE THE MORE EXPENSIVE ALTERNATIVE. THIS LIMITED WARRANTY IN NO WAY PROVIDES FOR ANY OTHER LOSSES, DAMAGE OR EXPENSE CLAIMED BY THE LIMITED WARRANTY HOLDER.
This Limited Warranty is issued to a specified Customer who has purchased new Covered Equipment through Applied Cleansing Solutions Pty Ltd/Distributors. Except as noted below, the rights and interests under this Limited Warranty may not be transferred to any other party.
If the Customer listed on this Warranty is an individual or a department within a company or organization, the rights under this Limited Warranty are extended to the Customer’s company or organization.
If the Limited Warranty Holder indicated on this Limited Warranty has financed the purchase of the Covered Equipment, that Limited Warranty Holder will be considered the owner of the Covered Equipment as respects the terms of this Limited Warranty. Payments made by a bank or other finance company on behalf of the Limited Warranty Holder will meet the requirement that Covered Equipment be paid for by the Limited Warranty Holder.
This Limited Warranty is exclusive. The Limited Warranty Holder's sole and exclusive remedy, and the sole and exclusive obligation of the limited warranty provider and Limited Warranty Administrator, is for the repair or replacement of the defective Covered Equipment in the manner and for the period specified. Applied Cleansing Solutions Pty Ltd has no other obligation under this Limited Warranty, whether based in contract, tort, and strict liability or otherwise. Under no circumstances, whether based on this Limited Warranty or otherwise, shall Applied Cleansing Solutions Pty Ltd be liable for incidental, special or consequential damages.
No statement, oral or written, outside of this Limited Warranty document constitutes a limited warranty.
No employee of Applied Cleansing Solutions™ Pty Ltd has the personal authority to change or amend this Limited Warranty.
No part of this website may be reproduced, stored in a retrieval system or transmitted in any form by means, including electronic, mechanical, photocopying, recording or otherwise, without the prior permission of Applied Cleansing Solutions Pty Ltd. All items in this website have been included in good faith on the basis that the goods, as described, will be available for sale. A failure by our suppliers to deliver in accordance with sample, description or at all or other unintentional causes may result in some items being unavailable.
Display accessories shown in photographs throughout this website not included in the price. Whilst every care has been taken to ensure accuracy, we reserve the right to change products resulting from printing or typographical error.
All rights reserved