Order and Refund Policy (Terms of service)

1. Except where specifically expressed, all prices quoted are inclusive of any tax, duty or other levies.

2. All prices are quoted in Australian Dollars.

3. Delivery dates and times quoted for delivery of goods, or the provision of services, are estimates only and Red 29 Pty Limited shall not be liable for any loss or damage howsoever arising as a result or consequence of any failure to deliver or delay in delivery of any goods or services arising from any circumstances of whatsoever nature which are outside Red 29 Pty Limited’s control. Customer shall not be relieved of any obligation to accept or pay for goods or services by reason of any delay in delivery, despatch or performance. Red 29 Pty Limited reserves the right to deliver by way of partial shipments and each partial shipment shall be deemed to be sold under a separate sales contract. Failure to deliver any shipment shall not entitle the customer to rescind or repudiate the sales contract. No cancellation of sales contract is allowed if goods or services have been delivered by the courier.

4. Delivery charges are at the customer’s expense. Customers are requested to arrange their own transportation for the picking up of orders. In the event that Red 29 Pty Limited has to organise transportation and delivery a standard freight charge will apply. Any transit insurance is the customer’s responsibility. Red 29 Pty Limited will not be responsible for any damages or loss whatsoever during transit once goods are despatched. Red 29 Pty Limited reserves the right to arrange delivery of goods directly from a distributor to the customer.

5. An official purchase order, in writing on company letterhead, or equivalent, must be issued to Red 29 Pty Limited before any order can be effected. Orders must clearly state - Order Number, Name, Designation and Signature of Authorised Purchasing Officer, Product code(s), Configuration(s) Required, Unit Pricing and Total Order Value, Delivery Address, Delivery Date/Schedule required, Invoice Address and also include any Special Requirements or Conditions.

6. Any dispute on pricing, condition of goods, etc. must be addressed within 24 hours of receiving of goods and services, otherwise, the invoice of the transaction will serve as a contractual sales and purchase agreement between Red 29 Pty Limited and the customer.

7. All goods sold, services provided and fees charged by Red 29 Pty Limited will be charged GST at the prevailing rate as currently set by the Australian Taxation Office (ATO), or relevant legislation, and must be paid by the customer in addition to the price of the products, services and fees.

8. Payment terms are normally cash with order, or cleared funds before delivery (EFT, credit card or cheque). Customers paying cash require Red 29 Pty Limited’s official receipt as proof of payment. A receipt will only be issued for cheque payment upon request. A Tax Invoice will be provided for all completed sales.

9. In the event of the customer failing to pay any outstanding account owing by the customer to Red 29 Pty Limited or the customer entering into any scheme of arrangement with its creditors or going into receivership or liquidation, Red 29 Pty Limited shall be entitled to a general lien on all property or goods belonging to the customer in Red 29 Pty Limited’s possession for any outstanding amount owing by the customer to Red 29 Pty Limited.

10. In the event of any default in payment to Red 29 Pty Limited the customer shall pay to Red 29 Pty Limited its costs of and incidental to the recovery of such sums as may be due including all mercantile and like fees and legal fees and charges on a solicitor/own client full indemnity basis and any filing fees, stamp duty, taxes or any other fees payable, assessed or incurred in relation to such recovery process.

11. Red 29 Pty Limited will apply a credit card surcharge of 2% (excluding GST) on full or partial amounts of payment made by VISA or MasterCard credit cards.

12. Red 29 Pty Limited will apply a credit card surcharge of 3% (excluding GST) on full or partial amounts of payment made by American Express (Amex) credit cards.

13. Until Red 29 Pty Limited has been paid in full for all goods supplied to the customer under any contract whatsoever between the customer and Red 29 Pty Limited:
    a. The goods shall remain as property of Red 29 Pty Limited.
    b. Red 29 Pty Limited may at any time revoke the customer’s power of sale by notice to the customer if the customer is in default in payment of any sum whatsoever due to Red 29 Pty Limited in respect of any goods or services supplied to the customer by Red 29 Pty Limited or any other sums whatsoever or if any bill of exchange, cheque or any other negotiable instrument drawn or accepted by the customer in favour of Red 29 Pty Limited is dishonoured on presentation for payment or if Red 29 Pty Limited has bona fide doubts as to the solvency of the customer.
    c. The customer’s power of sale shall automatically cease in the event of the appointment of a Receiver, Receiver and Manager, Administrator or Controller over any, or all of the assets or undertaking of the customer or upon the commencement of a winding up application, the appointment of a Liquidator or if the customer call a meeting of, or makes any arrangement or composition with creditors or commits any act of bankruptcy.

14. Failure by Red 29 Pty Limited to insist upon strict performance of any term or condition herein shall not be deemed a waiver thereof or of any rights Red 29 Pty Limited may have, and shall not be deemed a waiver of any subsequent breach of any term or condition.

15. All Red 29 Pty Limited supplied products are covered, as standard, by the respective manufacturers’ warranty on a Return to Base (RTB) basis to Red 29 Pty Limited. Details of manufacturer’s warranty for individual products are available on request, and are subject to change at the manufacturer’s discretion without prior notice.

16. All goods that are to be returned to Red 29 Pty Limited must be approved prior to shipping and allocated a reference number. Credit value will be at current selling price at time of return less a re-stocking fee of 15%. The 15% re-stocking fee will apply to all goods returned for credit.

17. Save as expressly provided for in other contracts, Red 29 Pty Limited shall not be liable to the customer or the customer’s servants, agents, customers or representatives for any direct, indirect, incidental or consequential loss or damages of any nature howsoever caused (whether based on tort or contract or otherwise) including but not limited to loss of profits, loss of production, loss of sales opportunity or business reputation, direct or indirect labour costs and overhead expenses and damage to equipment or property or any other claim whatsoever arising directly or indirectly or in any way attribute to the performance of the sales contract and in no event shall any claim be recognised unless the claim is in writing and received by Red 29 Pty Limited within fourteen (14) days of the date of delivery. In any event, the liability of Red 29 Pty Limited under any sales contract is limited to the replacement of the goods or the supply of equivalent goods or the repair of the goods.

18. These terms and conditions are deemed to be incorporated into all quotations and sales contracts (express or implied) for the supply of goods and services to the customer and supersede all terms and conditions previously issued by Red 29 Pty Limited. No sales contract for the supply of goods or provision of services shall exist between Red 29 Pty Limited and the customer except upon these terms and conditions unless their exclusion or modification is agreed to in writing by Red 29 Pty Limited. Any order placed by customer is deemed to be an order incorporating these terms and conditions notwithstanding any inconsistencies in customer’s order. Each order by customer is subject to acceptance or rejection by Red 29 Pty Limited and is not binding on Red 29 Pty Limited prior to Red 29 Pty Limited's acceptance of it. Red 29 Pty Limited may refuse to proceed with any sales contract at any time if customer’s credit is or becomes unsatisfactory to Red 29 Pty Limited.

19. All overdue amounts are subject to a penalty interest rate of 3% per annum above the prevailing prime lending rate, calculated on an overdue balance on a daily basis.

20. Any contracts entered into between Red 29 Pty Limited and customer shall subject to jurisdiction of the courts of the Australian Capital Territory.

21. Red 29 Pty Limited reserves the right to change these terms and conditions without prior notice.