• Improper installation or failure to follow fitting instructions
• Failure due to improper maintenance
• Indirect or consequential loss or damage
• Cost of freight and/or travelling time

Trading days
Monday - Friday

Settlement terms
All account customers - Nett 30 days from the close of the month that items have been ordered and delivered.
Non-account customers strictly CBD (Cash Before Delivery)

GST
The tax applicable will be governed by the laws operating in Australia or New Zealand at the time of sale.

Special orders
'Non-Stock' items sourced and purchased on your behalf are subject to the relevant suppliers trading terms and conditions.
All Special Orders MUST include a signed 'Lincoln Sentry - Non-stock purchase order form'. In the event of a credit return, a payment of 15% - 25% restocking fee will apply. Custom made or made-to-order goods are strictly NON-REFUNDABLE.

• Company notified within 30 days
• Goods returned must be in original condition and free from defects when returned
• Copy of invoice to accompany goods for return

Faulty/damaged stock
Above conditions apply, however Lincoln Sentry reserves the right to reject any claim(s) where the item has been fitted or used in any application that may void the manufacturers warranty.

--------------------------------------------------------------------------------

1. In these Terms and Conditions of Trade (“Terms and Conditions”), unless the context otherwise requires:

(a)“the Company” means Lincoln Sentry Group Pty Ltd ABN 59 010 624 389 ACN 010 624 389 and includes any subsidiary or related entity as those terms are defined in the Corporations Act 2001 and any agents, employees, successors and assigns.

(b)“Purchaser” means any person, firm, corporation or in the case of an unincorporated body, each proprietor jointly and severally that has requested the supply of goods from the Company, and includes employees, agents, successors, administrators, and assigns of the Purchaser. Where the Purchaser is comprised of two or more persons then it means each person jointly and severally.

(c)“goods” means any item available for sale (including any services) to the Purchaser by the Company.

2. All goods sold by the Company are sold and supplied on these Terms and Conditions as amended from time to time by the Company in writing at its discretion.

3. The Company in its absolute discretion may refuse to sell the goods to the Purchaser whether or not part of a contract has been performed where the goods are unavailable for any reason, a non-complying order is received or the Purchaser has defaulted under these Terms and Conditions.

4. An order for the sale of goods shall identify the goods ordered, the quantity required and refer to any quotation pursuant to which the order is made. The Company may supply goods that vary from the goods ordered by the Purchaser and the Purchaser must accept the goods supplied provided that such variations are not material.

5. Any variation of an order or cancellation of an order must be agreed in writing by the Company.

6. “GST” and “taxable supply” have the meanings given to them, respectively, in the A New Tax System (Goods and Services Tax) Act 1999.
(a) The Purchaser agrees to reimburse the Company for any GST payable by the Company for any taxable supply by the Company to the Purchaser.
(b) The Company will issue to the Purchaser a tax invoice for that supply.
(c) The Company warrants that it is registered for GST purposes.
(d) An administration fee will be payable by the Purchaser for any claim of credit on a return of any supply by the Purchaser. The amount of that fee will be 10% of the GST component of the transaction.

7. If agreed by the Company, it shall deliver the goods to the address nominated by the Purchaser. If the Company delivers the goods then:
(a) the Purchaser shall pay all freight and other charges associated with the delivery.
(b) the Purchaser or its representative shall be present at the agreed place and time for delivery. If not present, the Company may unload the goods at that place and in which case the goods will be deemed to have been delivered and the Company will not be responsible for any claims, costs or losses suffered by the Purchaser.
(c) In the event that a delivery date is nominated by the Purchaser, the Company shall take all reasonable steps to achieve delivery on or about that date. However, no promise is given that the goods will be available on that date, and in the event that the Company is unable to deliver the goods on that date, it shall not be liable for any loss (including consequential loss) for failure or delay in delivery. In no case shall the Company be liable for any amount payable by the Purchaser to a third party as a result of a failure or delay in delivery by the Company due to any cause whatsoever.

8. Subject to clause 9, all the goods shall be paid for before delivery irrespective of whether delivery is a part or all of a contract.

9. The Company may in its discretion agree to sell the goods on credit to the Purchaser

10. If the Company agrees to sell the goods on credit to the Purchaser then the Company’s standard terms of credit will apply.

11. The Purchaser shall not deduct any sum from the amount due on any Company invoice or statement for any reason whatsoever.

12. The risk in goods shall pass to the Purchaser upon delivery. The Purchaser shall insure the goods against loss or damage from that time and from time to time.

13. In relation to goods supplied to the Purchaser:-
(a) Property in goods shall remain with the Company until the latter of:-
(a.1) Payment in full for those goods; and
(a.2) Payment in full of all other monies owing or unpaid by the Purchaser to the Company including monies in respect of goods previously or subsequently supplied to the Purchaser.
(b) The risk in those goods shall pass to the Purchaser immediately on delivery to the Purchaser or upon the goods entering the Purchaser’s custody (whichever is the sooner) and the Purchaser shall insure those goods thereafter against any such risks as the Purchaser thinks appropriate;
(c) The relationship between the Purchaser and the Company shall be fiduciary;
(d) The Purchaser will hold those goods as bailee for the Company and will be responsible for any loss, damage or conversion of the Company’s goods;
(e) Those goods shall be stored by the Purchaser in a manner as to show clearly that they remain the property of the Company, until such time as all monies owing to the Company have been paid for in full. The Company may enter onto the Purchaser’s premises to inspect or repossess the goods at any time;
(f) The Purchaser is at liberty to sell the goods in the ordinary course of the Purchaser’s business, for full market value, provided that the Purchaser accounts to the Company for any proceeds of such sale and those proceeds shall be kept in a separate account on trust for the Company for that purpose, until accounted for to the Company;
(g) Where the Purchaser sells those goods, the Purchaser will sell as principal and the Purchaser has no power to commit the Company to any contract or liability, but as between the Purchaser and the Company, the Purchaser will sell as fiduciary agent;
(h) The Company will be given full ownership as security of any new goods or objects formed if the Purchaser transfers the Company’s goods into other products or affixes those goods to other objects;
(i) Despite the provisions of this clause, the Company is entitled to maintain an action against the Purchaser for the purchase price of the goods.

14. The Purchaser shall inspect the goods immediately upon delivery, and carry out any tests that a prudent Purchaser would carry out.

15. The Purchaser shall give written notice to the Company of any alleged irregularity in quantity or description, or any faults or defects within five (5) working days from the delivery.

16. If no notice is given by the Purchaser to the Company in accordance with clause 14 above, the Purchaser shall be deemed to have accepted the goods and the Purchaser shall lose any right to reject the goods or claim any remedy whatsoever (including damages) against the Company.

17. All claims for credit for damaged, defective or short delivered goods or for goods to be returned must be notified to the Company immediately. The Company will not accept claims that are not notified within five (5) working days of delivery. The goods must be returned, at the cost of the Purchaser, to the Company site from where they were purchased. Goods returned for credit and accepted by the Company will be subject to handling charges of an amount equivalent to 10% of the credit claimed. If goods are not returned after 30 days of notification of the claim to the Company the Purchaser shall not be entitled to any credit. Unless otherwise agreed, no request for credit will be approved until a representative of the Company has inspected the goods on which the credit is claimed. Until this inspection, the Purchaser is responsible for maintaining proper care of the goods in question. The Company will not accept claims for damaged or defective goods or for goods returned where the Purchaser has not maintained proper care in the opinion of the Company of the delivered goods.

18. The Purchaser acknowledges and agrees that goods produced/manufactured on the Purchaser’s instruction; goods damaged or lost in transit; non-returnable goods ordered specifically for the Purchaser; goods altered or damaged by the Purchaser are not acceptable for return or credit.

19. Any liability of the Company with respect to the goods shall arise in accordance with these Terms and Conditions only and shall be limited to the replacement of the goods or the payment of the cost of replacing the goods or acquiring equivalent goods, as the Company may elect.

20. The Purchaser shall not be entitled to make any claim upon the Company if any amounts are outstanding from the Purchaser to the Company. The Purchaser is not entitled to set off any amounts against its outstanding debts to the Company. The Company may at any time set-off amounts owed by the Company to the Purchaser against any sums owed by the Purchaser to the Company.

21. The Purchaser, and where the Purchaser is unincorporated each Proprietor of the Purchaser, hereby charges with payment of the moneys and compliance with all obligations owed by the Purchaser to the Company all beneficial interests (freehold and leasehold) in land held now or in the future by the Purchaser or Proprietor. The Purchaser and where applicable, each Proprietor agrees that if demand is made upon it, him or her by the Company, the Purchaser or, if applicable, that proprietor will immediately execute a consent to caveat, or a caveat or mortgage, as required by the Company to secure the obligations pursuant to this clause. If he, she or it fails to execute a consent to caveat, a caveat or mortgage within a reasonable time of being so requested, the Purchaser or, if applicable, that Proprietor irrevocably and by way of security appoints any Credit Manager or Solicitor engaged by the Company to be its, his or her true and lawful attorney to execute and register such instruments.

22. In the event that any of these Terms and Conditions or part of a term of these Terms and Conditions cannot be given effect for any reason then the term or part of a term which cannot be given effect shall be severed and read down respectively and the remaining terms of these Terms and Conditions and part of any term shall remain valid and binding on the parties.

23. No waiver of a term or provision of any contract shall be construed as a continuing waiver of the term or provision.

24. These Terms and Conditions and any contract between the Company and the Purchaser shall be governed by the laws of the State of Queensland. The parties submit to the exclusive jurisdiction of the courts in Brisbane. The parties agree that the proceedings may be commenced in any court in Brisbane and consent to that court having jurisdiction, notwithstanding that the court would not have such jurisdiction without this clause.