General Terms & Conditions of Sale
1. Application
These Terms & Conditions apply to the supply of Goods & Services by DHT Solutions (“DHT”) to its customers (“Customer”) including by sale, delivery and installation of commercial kitchen equipment (“Goods”).
2. Terms of Payment
a) Prices quoted are valid for 30 days and do not include delivery or installation unless specified. Prices are subject to change without notice and are exclusive of GST.
b) Payment is to be made directly to DHT. For orders greater than $50,000, in-stock equipment is to be paid by way of 50% deposit upon placing an order (including any delivery and installation costs) and 50% at least 5 working days prior to delivery. Special orders or out-of-stock equipment ordered must be paid in full at the time of order (including any delivery or installation costs).
c) If there are no provisions, payment is to be made strictly seven (7) days from the date of invoice.
d) Payment is deemed received upon receipt of cash or cleared funds.
3. Retention of Title
a) Legal and beneficial ownership of the goods does not pass to the customer until full payment has been received.
b) To protect DHT’s interest in the Goods until payment is made, the Customer grants to DHT an all-monies security interest registrable under the Personal Property Securities Act 2009, and the Customer agrees to do all things necessary to enable DHT to register that interest.
c) DHT reserves the right to enter the buyer’s premises for the purpose of repossessing any equipment not paid for in accordance with these general conditions of sale.
d) Where DHT agrees to supply Consignment stock, payment is required as soon as goods are sold, or by the end of six (6) months, whichever comes first
4. Delivery & Installation
a) Unless detailed in the quote, delivery and installation is excluded. Where delivery and installation are included in the quote the Customer must ensure reasonable access is provided for movement and placement of the equipment. Additional charges may apply if delivery and installation is rescheduled by the Customer or due to inadequate site access.
b) DHT does not undertake any building works, electrical works or plumbing works that may be required. The Customer must ensure that the installation site is clean and clear for installation.
c) The Customer must advise DHT of any delivery site access obstacles or impediments (including stairs). If the Customer fails to do so additional delivery fees may apply.
d) The Customer warrants that it has authority to occupy the premises nominated for delivery and or installation of the Goods.
e) Whilst DHT will take all due care and responsibility when delivering and installing items DHT takes no responsibility for any incidental damage that may occur to floors, walls, doors, ceilings etc when moving large heavy objects over floors or through tight spaces.
f) If a project/fit-out has been scheduled for delivery, and the customer cancels within 24 hours, DHT reserves the right to charge a $200 futile fee.
g) DHT’s normal delivery hours are within 8am to 3pm, week days.
5. Time
(a) DHT will use its best endeavours to have Goods available for Collection or delivered and installed (as applicable) in a timely manner, however any dates specified by DHT for pick-up, delivery or installation are estimates only and are not binding on DHT. Events that are unforeseen or beyond DHT’s control may result in delays, which does not entitle the Customer to cancel an order nor claim any damages.
(b) The Customer agrees to accept delivery and installation prior to the date estimated by DHT.
6. Specifications
(a) It is the sole responsibility of the Customer to ensure the Goods they order are suitable for the Customer’s purposes, including the dimensions, size, weight, capacity, functionality or any other key characteristic of the Goods.
(b) It is the sole responsibility of the Customer to ensure the Goods are suitable for installation at the Customer’s premises.
7. Risk
(a) Risk in the Goods pass to the Customer when the Goods leave DHT’s premises, whether or not ownership in the goods has passed and the Customer must ensure the Goods are insured.
(b) If Goods are damaged in transit the Customer must direct the insurer to make payment of any insurance money direct to DHT.
(c) The Customer agrees to indemnify DHT against any loss suffered by DHT as a result of the Goods not being adequately insured as required by these terms.
8. Warranties Excluded/Limitation of Liability
(a) DHT will take all reasonable steps to supply the Goods in an undamaged condition and free from material defects.
(b) Upon becoming aware of any material defect the Customer must immediately notify DHT. Any claim that the Goods are defective must be received by DHT within 24 hours of delivery.
(c) If the Goods are defective the Customer must not attempt to carry out any remedial work to the Goods as this may void the manufacturer’s warranty. Likewise, any misuse of the Goods or negligence will void the manufacturer’s warranty.
(d) To the extent permitted by law all warranties relating to the supply delivery and installation of the Goods are excluded from these terms and to the extent legislative warranties cannot be excluded DHT’s liability is limited (at its option) to resupply delivery and installation of the Goods, refund of the purchase price or the cost of having the Goods re-supplied.
9. Cancellations & Returns
(a) DHT does not accept cancellations or return of custom orders or non-stocked Goods.
(b) If an order is cancelled or item returned, DHT may at its sole discretion retain the deposit amount due or paid by the Customer, or at minimum a 30% restocking fee.
(c) Upon delivery or collection, the Customer must inspect the Goods and the Goods shall be deemed to have been received in good order and condition and in accordance with specifications unless the Customer raises a complaint at the time of delivery or collection, or within 24 hours.
(d) Any item returned must be returned at the Customer’s cost within 7 days of delivery to the location nominated by DHT and the item must be in its original packaging and free from any damage.
(e) Installed items cannot be returned.
(f) Goods cannot be rejected unless damaged or incorrectly supplied.
10. Jurisdiction
a) These terms & conditions shall be read and construed in accordance to the laws of the State of Victoria and the parties submit to the jurisdiction of the Courts of that State.
11. Indemnity Against Debt Recovery Costs
a) DHT Solutions reserves the right to claim for any/all costs involved in recovery of unpaid debts. Indemnity costs are all costs, including fees, charges, disbursements, expenses and renumeration, incurred by a party to litigation in undertaking proceedings provided they have not been unreasonably incurred or are not of an unreasonable amount.
12. Terms may Change
a) These terms & conditions may be altered or amended by DHT at their sole discretion from time to time.
Disclaimer
Due to changing market forces and other extenuating circumstances that affect product availability and price stability, we reserve the right to withdraw any product we advertise and change prices without notice. Information contained on DHT’s website and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
