Terms and Conditions of Sale
Legislation in Australia may provide consumer guarantees or impose obligations on Sola Mart with cannot be excluded, restricted or modified, or only to a limited extent. These Terms and Conditions are subject to such legislation, including the Australian Consumer Law.
1. DEFINITIONSAustralian Consumer Law mean the law set out in Competition and Consumer Act 2010 as amended from time to time.
Contract of Sale means the contract by Sola Mart and the Customer of the Products and/or services incorporating these Terms and Conditions.
Customer means the person or legal entity identified in Sola Mart’s Quotation of Invoice.
Products means the products as described in the Quotation, Invoice or Sales Order Confirmation and may include Sola Mart branded products and third party products and Services.
Special Order Item means the Product is not a regular stocked item and requires ordering from a third party supplier to fulfil the Customer’s order.
2. FORMATION OF CONTRACT
2.1 No Contract comes into existence until the Customer’s order has been accepted by Sola Mart and such acceptance has been received by the Customer. The Contract is deemed to be concluded at the time and place where such acceptance is received by the Customer.
2.2 The products sold and/or services rendered are subject to these Terms and Conditions to the exclusion of any other terms and condition stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither Sola Mart’s acknowledgement of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase will be deemed as an acceptance of such terms and conditions of a waiver of the provisions.
3. ORDERS, PRICE AND PAYMENT
3.1 Unless credit terms have been expressly agreed by Sola Mart, payment for the Products and/or services must be made in full before pickup or delivery of Products and/or services.
3.2 The Customer will pay for all applicable ship and handling charges.
3.3 The Customer will bear all government, state and local sales, goods and services, value added, excise and other similar levies and/or taxes.
4. INSTORE PURCHASES
4.1 Payment and collection of products is offered by Sola Mart for selected products that are stocked in store. Payment of the Products and/or services must be made in full at the time of purchase before being released.
4.2 Payment facilities include online credit card processing and cash for smaller purchases. All in store purchases will include a Tax Invoice in line with Australian Consumer Law and Australian Taxation Law.
5. DELIVERY
5.1 Sola Mart will deliver the Products to the Place of Delivery.
5.2 Standard product delivery times are typically between 5 to 10 business days. Any dates provided for the delivery of the Products are estimates only and will not form part of the Contract. Actual delivery date will be affected by factors such as clearance of payment, Customer’s location and availability of the products or parts for the products. Sola Mart will not be liable for any delay in delivery of the Products and/or services which is outside of Sola Mart’s control. Sola Mart will not be liable for any out of pocket expenses incurred by the customer e.g. tradesman bookings, travel, loss of income etc. arising from these delays.
5.3 Sola Mart’s has a policy of on-going Product update and revision. As a result, Sola Mart may revise and/or discontinue Products and at any time without notice.
6. RETURNS
6.1 If you are an end user customer and wish to return a product that you have directly purchased from Sola Mart that is not a Special Order Item, we are happy to offer an exchange or refund, provided the products are in as-new or as-shipped-by-Sola Mart condition in original packaging and are returned to Sola Mart within 15 days of the date of Sola Mart’s invoice.
6.2 As per Australian Consumer Law, you are generally responsible for returning the product if it can be posted or easily returned. You are entitled to recover reasonable postage costs from the business if the product is confirmed to be faulty.
6.3 Unless the product is defective or the return is a direct result of a Sola Mart error, a restocking fee of up to 15% of the purchase price paid, plus any applicable sales tax will be charged.
7. WARRANTY
7.1 The manufacturer’s warranty applies only to the item at fault. Sola Mart will not be liable for any others items adversely affected by the faulty item and/or service cost for the removal and/or installation of the warranty item and/or the loss of income that may occur as a result of the warranty item.
7.2 Warranty does not include support which is necessitated as a result of any cause other than a result of Product fault, including, without limitation:
(a) failure or fluctuation of electric power; or
(b) accident, transportation, neglect, misuse, abuse or default of or by the Customer, its employees or agents or any third party; or
(c) any fault in any products or components which are not supplied by Sola Mart, whether or not: (i) they form part of a Customer’s configuration of the Products; or (ii) they comprise the Customer’s configuration and the Products form an integral part of them; or
(d) any fault in attachments or associated products or components (not supplied by Sola Mart) which do not form part of the Products covered by these Terms and Conditions and/or under the relevant Service Offering; or
(e) any fault in attachments or associated products, which are Consumer goods, supplied by Sola Mart, which do not form part of the Products and are not covered by a Service Offering (support for such products will be that required under the Australian Consumer Law); or
(f) any fault in the Products caused by the failure of any products or components not supplied by Sola Mart; or
(g) act of God, lightning, fire, flood, war, act of violence or any similar occurrence; or
(h) any attempt by any person other than Qualified personnel or any person authorised by Sola Mart, to adjust, repair or support the Products.
8. LIABILITY
8.1 In the case of non-Consumer Goods, Sola Mart will not be liable for any loss or damage sustained or incurred by the Customer or any third party (including without limitation any loss of use of the Products or loss of or spoiling of any of the Customer’s programs or data) resulting from any fault in the Products, unless such fault is caused by the negligence or wilful misconduct of Sola Mart, its employees, agents or sub-contractors, or to the extent that such loss or damage arises from any negligent delay by Sola Mart in providing the particular Services purchased by the Customer and then only to the extent not excluded by these Terms and Conditions.
8.2 The Customer must indemnify Sola Mart and keep Sola Mart fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors in connection with the purchase, use or performance of any Sola Mart’s products or services.
8.3 Notwithstanding anything else contained in these Terms and Conditions, a party will not be liable to the other party for loss of business, profits or contracts or other indirect or consequential loss whether arising from negligence, breach of contract or any other means unless where Sola Mart is the manufacturer or importer of the Product, such loss has arisen due to the relevant Product having a safety defect within the meaning of section 9 of the Australian Consumer Law and none of the defences established by section 142 of the Australian Consumer Law apply to the relevant Product.