Mobility 1 Pty LTD Terms and Conditions of Sale

In the event Buyer's purchase order states terms additional to or different from these Conditions of Sale, then Seller's acknowledgment in accordance with the terms hereof shall be deemed a notification of objection to such additional and/or different terms, or in the event such purchase order expressly limits acceptance to its terms then Seller's acknowledgment in accordance with the terms hereof shall be deemed a rejection of Buyer's offer to purchase, and in either event Seller's acknowledgment shall constitute an offer to sell which may be accepted only in accordance with its terms and without modification, addition or alteration. The failure of Buyer to deliver notification of objection to these Conditions of Sale within a reasonable time shall be deemed in acceptance thereof and a contract shall be formed only upon such Conditions of Sale.

 

1. Conditions of Sale

1. Any discrepancy identified between the order and the invoice must be reported to Mobility 1 Pty LTD within 24 hours of delivery.
2. Mobility 1 Pty LTD will take no liability for any discrepancy with the order unless reported as stipulated by (1) above.
3. Due to the fluctuating Australian Dollar, quotes are subject to change without notice.

2. Title

1. Legal & Equitable title of all goods and all materials supplied by Mobility 1 Pty LTD does not pass to the Customer until all monies owing have been paid.

3. Risk

1. The risk of Loss or Damage to the product is transferred from Mobility 1 Pty LTD to the Customer at the time of delivery of the products to the customer in accordance with the Invoice and any other contracts in place.
2. All deliveries must be signed for so that proof of delivery is obtained. Mobility 1 Pty LTD takes no responsibility for goods delivered/signed for by other parties / locations.

4. Payment

1. Payment for the Invoice must be made in full.
2. Such payment must be made within the Terms agreed upon between Mobility 1 Pty LTD and the Customer
3. Payment may be made or credit card as outlined on our invoice
    

5. Delivery

1. Claims for shortages, damages and invoice discrepancies must be made in writing within 24 hours of delivery/receipt of goods. Please email sales@mobility1.com.au
2. All deliveries must be signed for, so proof of delivery can be obtained. Mobility 1 Pty LTD takes NO responsibility for goods delivered/signed for by other parties/locations.

6. Return of Products

1. Mobility 1 Pty LTD accepts return of goods excluding:
   (a) Custom made products
   (b) Opened products [unless Dead on Arrival (DOA)].
2. Dead on Arrival (DOA) products need to be returned within 14 days from the date of Invoice.
3. Claims for shortages, damages or any discrepancies must be made in writing within 24 hours of receipt of goods.
4. Before opening any product, Customers should ensure:
   (a) Goods provided match those listed on the Invoice and the Delivery Slips.
   (b) Goods received have not been damaged in transit.
5. Any goods that need to be returned to Mobility 1 Pty LTD must meet the following criteria:
   (a) A Return Authorisation Number is obtained PRIOR to returning the goods.
   (b) Goods are unopened, undamaged and in original condition (unless DOA).
   (c) Returned goods are received by Mobility 1 Pty LTD within 7 days of receipt of goods at your end (unless DOA – refer to Section 7.2 (above).
   (d) A copy of the original invoice must accompany warranty returns.
6. Goods returned under warranty will be repaired or replaced at the discretion of the original manufacturer
7. Whilst Mobility 1 Pty LTD will endeavour to work with the manufacturer to return warranted goods to the sender as quickly as possible, temporary replacement items will not be supplied.
8. Goods returned, with No Fault Found will be charged a minimum service fee of $25.00 + GST per item.
9. All credit requests must be made in writing to your Account Manager or via sales@mobility1.com.au.
10. Credit will be issued at the discretion of Mobility 1 Pty LTD and where applicable restocking fees will apply.
11. All freight charges will be paid by the customer unless otherwise agreed by Mobility 1 Pty LTD (unless mis-shipped).
12. Return Authorisation numbers can be obtained by contacting our Customer Service Team via sales@mobility1.com.au or Ph: +61 2 8353 5326
13. Mobility 1 Pty LTD will not hold customer goods after repair. Goods are to be collected within 14 days of the notification from Mobility 1 Pty LTD. Goods that are left unclaimed will be disposed of. 

7. Limit of Liability

1. These conditions do not exclude, restrict or modify the application of any provisions of any Commonwealth, State or Territorial law which by law cannot be excluded, restricted or modified.
2. Mobility 1 Pty LTD shall not be liable or responsible for any loss, costs, damage, injury to property or persons resulting from, arising out of, or in connection with the acquisition, delivery, re-supply, retaking of possession, installation or use of the goods or any loss, costs, damage or injury resulting from the negligence of the company, its servants or agents or any other cause whatsoever.
3. Any advice, recommendation, information or representation provided by Mobility 1 Pty LTD as to the quality or performance of the goods or their suitability for a particular purpose or otherwise in relation to the goods is given in good faith but without but without any liability or responsibility on the part of Mobility 1 Pty LTD.
4. The liability of Mobility 1 Pty LTD for a breach of any term, condition or warranty shall be limited to one of the following:-
   (a) the replacement of the products or the supply of the relevant products, or
   (b) the repair of the products
5. Claims not raised in a one (1) year period above shall be waived.

8. Costs

1. The Customer is liable for all and any costs and expenses incurred by Mobility 1 Pty LTD, including legal costs and the costs of any mercantile or collection agent engaged by Mobility 1 Pty LTD to protect, recover or enforce any of the Mobility 1 Pty LTD’s rights under this agreement.