Full trading terms and conditions
TRADING TERMS AND CONDITIONS
These terms and conditions are designed to be fair to both parties and stipulate in detail what is expected from both parties.
“Athlegen” means Athlegen Pty Ltd (ABN 62 128 165 971). Unit 3, 20 - 28 Ricketty Street, Mascot NSW 2020, Australia
“Customer” means the party purchasing the products and/or services, the subject of a quotation, or offer made by Athlegen.
“Products” means the physical goods produced or sold by Athlegen specifically for a Customer.
“Offer” means a request, communicated by any means to a Customer by Athlegen, for the manufacture of physical goods, or provision of services within the capability of Athlegen to provide.
These terms and Conditions supersede all previous terms and conditions of sale imposed by Athlegen.
Each Order will constitute an offer by the Customer to acquire Products and services upon and subject to these Terms and Conditions to the exclusion of all other Terms and Conditions.
QUOTATIONS AND ORDERS
Quotations given and orders accepted are subject to the following conditions
Quotations are valid for a maximum of 30 days.
No binding contract shall exist until the Customers order has been accepted by Athlegen.
An alteration in quantity, sizes, specification or delivery may also necessitate price variation.
You may elect to choose your own freight company to collect from our factory in Ballarat Victoria or you may select one of the following delivery services offered by Athlegen.
STANDARD 1 MAN DELIVERY SERVICE
The most economical option is for a 1 man delivery service to your door. The driver will require your assistance to unload the table at your end. We recommend that you arrange a minimum of two persons to assist as the packed table will weigh over 100kg. Packaging materials are not removed as part of this delivery service.
Athlegen will request that the transport company ring you before delivery.
If the delivery driver offers to help place the table in the desired location and helps you unpack it, neither Athlegen nor the freight company are liable for any damages that occur to the table, you or your helper, or your property.
PREMIUM DELIVERY SERVICE*
This 2 man delivery service includes the delivery, unpacking and positioning of your table in your treatment room and the removal of all packaging materials.
A suitable and convenient delivery time for both parties will be arranged prior to delivery.
Customers should declare any delivery impediments as prices do not allow for: circular stairs, narrow entrances, low ceilings or areas where delivery of goods becomes difficult.
* This service is only available to selected Australian locations, for more details or for a quotation, please contact Athlegen or your local distributor.
We will make note of all specific delivery instructions on the consignment but because most deliveries are conducted by external contractors it is not possible for us to provide a precise day or time of day for when the delivery will be made. Any indication given by our staff or transport contractors is in good faith but is not a delivery guarantee.
All tables are insured for loss or damage during transit.
Athlegen shall not be liable on any basis whatsoever for any loss or damage to the goods occurring after delivery to the Place of Delivery as nominated by the customer.
The Customer shall not be entitled to refuse delivery of the Products.
Your Athlegen table may arrive upside down on a pallet to protect the vinyl top. It may be wrapped in bubble-wrap and surrounded by thick cardboard sleeves.
Your table will require no assembly on arrival but we do advise that you very carefully read the Installation / Care Instructions that arrive with your table before using the product. If for any reason these instructions are not included with the product then they can be reviewed on the Athlegen web site: www.athlegen.com
SIGNING THE CONSIGNMENT NOTE
The following conditions generally apply to most freight forwarders.
After the table is unloaded please check the table thoroughly for any damage before you sign the consignment note.
The delivery person cannot leave until the consignment note is signed.
Received in good order and condition
Signing the consignment note confirms to the freight company that your table was delivered in ‘GOOD ORDER AND CONDITION.’ No damage claims are valid after signing.
Goods damaged in transit
If your table has been damaged in transit you must sign the consignment note ‘DAMAGED’ and show the fault to the delivery person.
No time to check for transit damage
If the delivery person cannot wait or if you do not have time to check the table, sign the consignment note ‘SUBJECT TO CHECK’.
If you sign the note ‘SUBJECT TO CHECK’ you are covering yourself if you do find damage later on. All damage claims must be reported within 24 hours of receiving goods.
Please phone Athlegen Customer Service on Toll free 1800 141 141, with your consignment note number and we will advise you what to do if your table is obviously damaged prior to delivery to your premises.
Order confirmation deposit (non-account customers)
Unless otherwise stipulated payment shall be a minimum 50% deposit to confirm the customers order.
Final payment (non-account customers)
Full payment is due when the goods are completely manufactured and ready for despatch.
REQUIRED DELIVERY DATE / ORDER SETTLEMENT
Every order is to have a required delivery date. We will do our best to commence manufacturing the order in time to achieve the customers required delivery date.
When the order is completed and ready for dispatch the 50% balance is due, or for account customers the order is invoiced (as if the goods have been delivered) and is due to be paid in 30 days (even if the customer has not accepted or specifically requested delivery of the goods).
DEFFERED DELIVERY DATE BY CUSTOMER
A customer may defer an order only in writing and no less than 40 days before the originally advised required delivery date. Athlegen will reschedule the manufacturing of the order to achieve the customer’s amended delivery date.
ORDERS ON HOLD / STORAGE CHARGES
All paid or completed orders that have been manufactured according to the customers instructions will be held for a maximum of 30 days without charge. After 30 days storage charges apply.
Storage will be charged at the rate of $10 per pallet per month, electric tables at the rate of $20 each per month.
If for any reason full payment has not been received when the order was ready for dispatch the storage charges will begin to accrue from the date the goods were ready for dispatch.
CANCELLATION OF ORDERS / REFUNDS
Athlegen is not a standard retailer/manufacturer, all customer orders are processed and manufacture commences as soon as customer orders are confirmed.
Our various price lists are designed to provide our customers with a guide to our manufacturing capabilities; we offer a plethora of customisation options with the majority of our product ranges, e.g. table width, upholstery colours, cushioning options, and table enhancements etc.
These huge choices offered by Athlegen necessitate Athlegen building to specific customer orders, and for this reason once manufacture of your order has commenced or specialty components or raw materials have been ordered the deposit is not refundable.
CUSTOM ORDERS AND NON-STANDARD PRODUCTS
Athlegen will make every effort to ensure the customer’s specific desires are realized and that they are totally satisfied with their purchase.
Modified products or products that include options that are not listed on our standard price lists i.e. non standard products, are non-returnable for refund or exchange.
Payment may be required (at Athlegen’s discretion) in full, prior to beginning manufacture of products deemed by Athlegen to have little recoverable value in the event of the order being cancelled or otherwise discontinued.
Alterations to the product by the customer after manufacture or supply will be charged for.
Warranty claims for non standard products will be assessed on an individual basis by Athlegen management, if Athlegen believes that the warranty claim is directly related to the modification requested by the customer the normal warranty may not apply.
A product customisation form and drawing must be signed before the order is processed. A fee will be charged for the drawing of all custom/non-standard products. This fee will be payable even if the product does not proceed to manufacture.
Responsibility for design / Fit for purpose
The Customer accepts that Athlegen shall have no responsibility for the design or modifications submitted by the Customer to Athlegen for manufacture.
The Customer acknowledges that it is their sole responsibility for checking the application of Products and that the Products are suitable for any particular purpose.
Jigs and drawings
Unless otherwise agreed by Athlegen in writing, all tools, dies, jigs, patterns and other items made by or for Athlegen for the execution of the Customer’s orders shall remain the property of Athlegen.
PRICES AND QUOTES FOR PRODUCTS
Prices for products are set in accordance with the Athlegen’s price list which is subject to changes from time to time. The price payable is the price in effect at the time of shipment, or in accordance with a quotation specific to the particular Customer requirement. Such quotations pertain to only one shipment, and subsequent requirements for identical products may be subject to a separate quotation unless otherwise specified in the quotation.
Import duties, taxes and charges aren’t included in the item price or postage cost. These charges are the buyer’s responsibility. Please check with your county’s customs office to determine what these additional costs will be prior to buying. Please also check with your country’s customs office to determine any requirements you need to meet so that the goods are able to clear through customs.
For specific product warranty details refer to the product warranty document supplied with the product upon delivery. Current warranty information for all products is available on the Athlegen web site. (www.Athlegen.com)
Athlegen warrants that goods of Athlegen’s manufacture supplied under this contract shall be free from defective workmanship or material and shall conform to such written specifications that have been provided by Athlegen.
It is a term of this warranty that the Customer notify Athlegen within 24 hours of receipt of goods of any claim that the goods have been defectively manufactured or processed and Athlegen shall then be entitled to require the Customer to return the goods for examination by Athlegen at the customers expense.
The warranty is subject to the goods sold or supplied not being tampered with or subject to improper treatment.
Equipment or materials not of Athlegen’s manufacture are sold only with such warranty as the manufacturer has given to Athlegen, and as Athlegen may be able to enforce, such items not being warranted by Athlegen in any way.
Where goods are sold for use in combination with other equipment or materials this warranty is limited to the goods sold and not to any combination with other equipment.
The warranty is in addition to the Customer’s statutory rights, but it is a term of the Conditions that to the full extent permitted by law, all conditions, warranties, undertakings or representations, express or implied by law are excluded. To the extent to which liability cannot be excluded, the liability of Athlegen is limited, at Athlegen’s option and where the law permits, to repair or replacement of any defective goods, or payment of the cost of repair or replacement.
Once Athlegen has replace defective goods or paid the cost of them, any goods returned to Athlegen shall become the property of Athlegen.
No claim will be accepted by Athlegen for labour or other expenditure incurred by the Customer (except to the extent required by law) without written consent by Athlegen. Athlegen shall not be liable for any consequential loss or damages suffered by the Customer even if related to the supply of defective or non-conforming goods.
RETENTION OF TITLE
Athlegen and Customer agree that the ownership of the goods delivered by Athlegen to the Customer is only transferred to the Customer when the Customer has paid all sums owing to Athlegen.
Should any part of the Conditions be held to be void or unlawful, these Conditions shall be read and enforced as if the void or unlawful provisions had been deleted.
In the event of the manufacture or delivery of the goods being prevented, interrupted, or delayed by any cause whatsoever beyond the control of Athlegen including, but not limited to, strikes, raw material shortages, accidents or breakdown of plant machinery or by lockout by Athlegen of its own employees, Athlegen shall have the option, without incurring liability to the Customer, either to suspend delivery or at the discretion of Athlegen, according to the nature and extent of such event, cancel the order.
The Customer shall not seek consequential contribution or reimbursement from Athlegen in any of the circumstances described in this clause.
The contract shall be governed by the laws of the State of New South Wales and Australia and Athlegen and the Customer shall submit to the non-exclusive jurisdiction of the courts exercising State or Federal jurisdiction in that State.