Terms and Conditions of Sale
These terms and conditions of sale relate to trade account customers only (authorised dealer). Gershwin Pty Ltd ABN 22 064 102 816 trading as Prowler Proof does not sell direct to the public. Prowler Proof reserves the right to alter or change these terms and conditions at any time, without notice.
1. AUTHORISED DEALER
It is a matter for Prowler Proof in its discretion whether it approves of a trade account customer as an authorised dealer or not. An approval relates to each specific Job. Approval for one Job should not be taken as approval for any other Job. Acceptance by Prowler Proof of a Job as set out below will only constitute a person as an authorised dealer for that Job.
- Jobs can only be placed by authorised dealers via the COSI electronic ordering system.
- Access to COSI will be granted only to authorised dealers.
- You may submit a Job to us at any time. Unless otherwise agreed in writing, you request that we supply you with the Goods listed in a Job on the terms and conditions set out below.
- We may accept or reject any Job, or any variation or modification of a Job, requested by you at our sole discretion.
- We may accept or reject any Job cancellation request by you at our sole discretion. If a cancellation request is accepted by us, you will be liable for any direct loss or expense incurred by us in respect of that Job (fees relating to cancellation are laid out in the Wholesale Price Book).
- To ensure we can service our warranty commitments, Jobs must contain the surname and the suburb of the customer of the authorised dealer.
- Jobs must be placed in make sizes only.
- Quotes will not be supplied over the phone. Quotes can be accessed by entering the details into COSI.
- In our discretion, changes may be made over the phone to Customer Service or our Business Development Managers, but no liability will be held for any data entry errors that may occur.
- Prowler Proof does not sell individual components, other than those items specifically listed in the Wholesale Price book.
- The Wholesale Price book may change from time to time and as changed constitutes part of these terms and conditions of sale.
Except for any guarantees, rights or remedies which cannot be excluded or modified under the Australian Consumer Law, you hereby acknowledge that you have not relied on any service involving skill or judgment, or on any advice, recommendation, information or assistance provided by us in relation to the Goods or their use or application.
- We will make all reasonable efforts to have the Goods delivered to you on the date agreed between the parties as the delivery date. However, time is not of the essence under this Contract and, except where we have an obligation under the Australian Consumer Law, we shall not be liable for any failure to deliver or delay in delivery for any reason.
- We will notify you when the Goods have been dispatched to you.
- You must be available to sign for goods on delivery, or you will need to have a completed Authority to Leave form in place, to allow the delivery driver to leave goods unattended. If you are not available and no Authority to Leave form has been completed, Prowler Proof reserves the right to return the goods to our factory. You will be liable for the cost of doing this and the cost of any redelivery.
As all of our products are custom made, the finished product may vary by approximately one (1) millimetre in either direction of the specified measurements, with the exception of out of diagonal measurements which may vary by approximately five (5) millimetres in either direction of the specified measurements.
- Prowler Proof products are custom made. Our materials cannot be reused once manufacturing has commenced. Please order carefully as we do not give refunds or exchange if you or your customer change your mind, incorrectly measure or make a wrong decision. Subject to the procedures set out below being observed, where goods are defective, incorrectly supplied, manufactured to a different size than ordered or damaged in transit by us to you, you are entitled to a replacement.
- You must examine the Goods for defects upon delivery and notify us of any defects via email to email@example.com within 14 days of delivery. Photographs of Goods and packaging should be provided.
- Except where the Australian Consumer Law requires, if you do not notify us of any defects within 14 days of delivery, you shall be deemed to have accepted the Goods.
- You must preserve any Goods that are found to have a defect in the state in which they were delivered and allow us (or our nominated agent) access to your premises to inspect the Goods or to have the goods picked up and returned to us.
Our liability for any breach of the conditions is limited to the resupply of Goods.
Any price indications or price lists provided by us to you or otherwise made available to you are subject to alteration at our discretion at any time.
- All transactions are processed in Australian Dollars (AUD)
- Full payment is required on Job placement
- Payment is processed in COSI, via the Westpac PayWay payment gateway, using a debit or credit card (VISA, MasterCard, AMEX).
- Authorised dealers must set their debit or credit card up in the Westpac PayWay payment gateway, using the link provided by Prowler Proof. Credit card details will not be accepted over the phone, or via email, for payment.
- Any Job changes requested must be paid for at the time the change is requested. Prowler Proof will process this payment, through COSI, via the Westpac PayWay payment gateway, on the card registered by the authorised dealer.
- Manufacture of Job will not commence until full payment is received.
8. RESALE OF GOODS
- If you resell Goods or services, then you and your contractors must:
- provide to the purchaser any instructions or information about the use or care of the Goods or services, information about repairs and warranties intended for the purchaser which are provided by us to you for the purpose of being provided to the purchaser;
- not make any statement or representation about the Goods or services which is not consistent with information provided by us or make any representation on behalf of us;
- not make any misleading or deceptive statements about the Goods, services or us or which disparages them or us;
- if you or your contractors also provide related installation or other services, perform those services in accordance with any instructions and guidelines provided by us;
- comply with your obligations under the Australian Consumer Law in relation to mandatory guarantees; and
- not tamper with, alter, obscure or remove any trademarks which appear on the Goods or alter the labels or packaging in which they are intended to be offered to purchasers.
- Not remove the product label from the product as this is required by the purchaser for future warranty claims.
9. CLOSURE OF ACCOUNTS
Prowler Proof reserves the right to close trade accounts, at its discretion, if it becomes aware of any breaches of these Terms and Conditions.
Closed accounts cannot be reactivated. Should the authorised dealer wish to commence ordering from Prowler Proof again, they need to reapply to Prowler Proof, and go through the New Dealer Application Process.
Once your account has been closed, we will notify you in writing to the postal address we have lodged in COSI. This letter will also advise the time you have to remove and/or return Prowler Proof product and marketing materials to Prowler Proof. Removal from your premises and disposal of all products will be at the authorised dealer's expense, and no reimbursement will be made by Prowler Proof for any display stock and/or marketing collateral that may have been purchased from Prowler Proof.
Except where legislation which cannot be excluded (such as the Australian Consumer Law) would make this clause illegal, or where the inclusion of this clause would otherwise make Prowler Proof liable to a penalty, you release us from any claim that is made against us for damages or otherwise in respect of any loss, damage, death or injury arising from negligence or otherwise caused directly or indirectly by or arising out of the use or condition of Goods sold to you, except to the extent that such loss, damage, death or injury has been caused by us.
11. VARIATION AND ASSIGNMENT
These terms may be varied and updated by us from time to time. When you offer to purchase Goods from us, you are offering to acquire them on the most up-to-date version of these terms.
12. GOVERNING LAW
This Contract is governed by the law of the State of Queensland. You and we submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.
13. INTELLECTUAL PROPERTY
The purchase of Goods under this Contract does not confer on you any licence or assignment of any copyright, patent, design or trade mark, or any other intellectual property right (whether registered, registrable or not) that subsists in the Goods.