A. Bella & Hunt Pty Ltd (ABN: 70161984684), here forward to be referred to as Bella & Hunt, reserves the right to vary these Conditions of sale on 30 days notice to the purchaser.
B. In these conditions, the expression Goods relates to the Goods that Bella & Hunt proposes to sell or has sold to a purchaser
2. Prices and Quotations:
A. Goods will be charged at the prices ruled at the date of order plus any applicable Goods and services tax (GST), which must be paid to Bella&Hunt by the Buyer when payment for the Goods is due.
B. Export prices are quoted excluding Freight, Government taxes, charges and/or imports charged outside Australia.
A. All Orders must be paid in full prior to shipping or pick-up
B. If the Customer fails to make payment by a due date, then, without prejudice to any other right or remedy, Bella & Hunt will be entitled to cancel any unfulfilled order or suspend delivery until the account is in order.
A. Bella & Hunt Warrants Segula lamps for 12 months from the date of delivery to be free from defects in material and workmanship which may cause the product to fail to operate in accordance with the performance details provided with the product.
B. If any product covered by this limited warranty is returned by Purchaser within the Warranty Period, and Bella&Hunt Lighting determines to its satisfaction that such Product failed to satisfy this warranty, Bella & Hunt will, at its option, repair or replace the product.
C. For purposes of clarity, “repair or replace the Product” does not include any removal or reinstallation costs or expenses, including, without limitation, any labour costs or expenses, shipping costs to return non-conforming Products or any damages that may occur during the return of Product to Bella & Hunt.
D. If Bella & Hunt chooses to replace the Product and is not able to do so because it has been discontinued or is not available, Bella & Hunt may replace it with a comparable product.
5. Limited Liability:
Limited warranty is subject to the following conditions:
A. The LED lamp must be properly handled, stored, installed, operated and maintained in accordance with the product specifications. Dimming via trailing edge dimmers only for best performance. Channels/circuits must have enough load to assist with dimming capabilities.
B. The LED lamp must be operating in an open environment allowing for adequate heat dissipation.
C. The LED lamp must be operating indoors and not exposed to outdoors or corrosive environments.
D. Bella & Hunt will have access to the failed Products and the fixtures/lamp bases used to operate them. If the fixture, lamp base or other parts become suspect, the representative shall have the right to invite other manufacturers’ representatives to evaluate the lighting system components.
E. If applicable, purchase receipt for the Product is available for inspection by Bella & Hunt.
F. This limited warranty does not apply to damage or failure to perform arising as a result of accidents or any acts of abuse, misuse, abnormal use, improper voltage, powers surges or fluctuation, neglect, exposure or any use or installation in violation of the instructions or restrictions prescribed by the product specifications.
G. Limited warranty is void if the product is not used for the purpose for which it is designed, or if any alterations are made to the product.
H. In no event Bella & Hunt lighting shall be liable of any incidental, consequential, indirect or compensatory damages; Bella & Hunt is solely responsible of compensation up to the purchase price of the product.
6. Amendments, Suspension or Cancellation:
A. Orders can be modified, suspended or cancelled after written agreement with Bella & Hunt.
B. A restocking fee of 35% may apply.
7. Return of Goods:
A. Goods will not be accepted for return without prior written consent from Bella & Hunt. Goods meeting the requirements and/or specification provided at the time of purchase cannot be returned for credit.
8. Title and Risk:
A. The title to the Goods does not pass to the Customer until they have paid in full and Bella & Hunt has been paid for all other monies then owing by the Customer.
B. The Goods are at the risk of the customer as soon as they have been delivered to or into custody of the Customer or the Customer’s agent.
9. Conflict with Customer’s terms:
A. If any purchase order or other trading terms of the Customer conflict with or are inconsistent with Bella & Hunt terms and conditions of sale, then Bella & Hunt terms and conditions of sale as amended from time to time prevail, and will apply notwithstanding any conflicting or inconsistent terms of the Customer.
B. The Customer acknowledges that the sale by Bella & Hunt of any Goods will not constitute acceptance of any conditions of purchase of the Customer which conflict or are inconsistent with any of the Supplier’s terms and conditions of sale, even where Bella & Hunt acknowledges the Customer’s conditions prior to, upon or by delivery of Goods.
A. These Terms and Conditions are to be construed in accordance with the laws of the State of Victoria and, in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the courts of that State.