PRICES ACCOUNT TERMS ECOMMERCE STORE
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- Harvey Watkins
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1 PRICES A) Goods are sold on Recommended Retail Price (RRP) less trade margin plus GST. B) All RRP on invoices are current at the date of dispatch, including GST. There is no obligation to comply with our recommendation. C) Prices are current at the time of publication, however due to fluctuating conditions; prices are subject to change without prior notice. ACCOUNT TERMS A) All businesses applying for an account with Dominant Musical Instruments are required to provide us with an ABN, ACN, trading names and or company name. B) All business applying for an account with Dominant Musical Instruments must have a shop front in a commercial area and or full ecommerce store. C) A personal guarantee signed by each director required in the case of Propriety Company. D) All stock purchased must meet dealership requirement / policies. ECOMMERCE STORE A) Must comply with above account terms. B) Registered business name and ABN must be listed on their website. C) Must have full Ecommerce on-line store, no Ebay stores accepted. D) All Ecommerce stores must have a Shopping Cart. E) All stock purchased must be pictured on-line, same as putting on a shop floor, as per dealership requirements / policies. F) Ecommerce stores with no shop front will be pro-forma account only. G) Street address required for delivery, no PO BOX addresses will be accepted.
2 PAYMENT TERMS A) Accounts are payable strictly by end date of the calendar month after in which goods were invoiced, i.e. payment must be received in our account by the end date of the month. B) Accounts which are nominated COD (proforma), must pay for goods before they are released from the warehouse. C) Accounts which are nominated 7 days must pay within 7 business days from date of invoice. D) Accounts which are overdue breaching agreed trading terms shall be charged an Administration Service Fee of 10% P.A. or $ GST, whatever is greater. E) If paying an overdue account via credit card, a 2% surcharge will apply. F) Dominant Musical Instruments at its sole and absolute discretion may stop the supply of goods and place the Account on Hold until any and all monies owed to Dominant Musical Instruments are paid. G) Accounts which are overdue will automatically forfeit the privilege of any deals or discounts agreed by Dominant Musical Instruments and the dealer. H) All legal costs & expenses incurred due to collection of overdue accounts will be the responsibility of the dealer. SETTLEMENT DISCOUNT: 30 DAY SETTLEMENT 4% A) Payment must be received in our office / account before/on the end date of Month. Payment of account received after the end of the month will not be eligible for Settlement Discount. No grace period. B) If payment is received within agreed trading terms a discount of 4% will apply if paying via cheque or Direct Debit. If paying by Mastercard/Visa/Eftpos a 2% settlement discount will apply. If paying by AMEX a 1% settlement discount will apply. C) Settlement Discount must be claimed at time of payment or will be otherwise forfeited. D) Accounts must be paid in full. Accounts that are part paid will not be eligible for Settlement Discount. 7 DAY SETTLEMENT 8% A) If Payment is received within 7 business days from date of invoice a settlement discount of 8% will apply for payments via cheque, Direct Debit only. If paying by Mastercard/Visa/Eftpos card a 6% settlement discount will apply. If paying by AMEX a 5% settlement discount will apply.
3 B) Cheque must arrive within the 7 working days otherwise not accepted. Preferred payment via Direct Debit. C) No grace period will be accepted for 7 day settlement. D) 7 Business Days are counted from date of invoice, not from day goods are received by dealer. E) 7 Day settlement cannot be used in conjunction with split payment terms. F) To be eligible for Settlement Discount account must not be in arrears. Settlement Discount must be claimed at time of payment or will be otherwise forfeited. G) Settlement Discount applies to the total of the invoice. CREDIT/EFTPOS CARD PAYMENT A) Credit card surcharge of 2% applies to all Mastercard/Visa/eftpos card payments. B) If your account is current, settlement discount is allowed less 2% eg - if paying 30 day account 2% settlement allowed, if paying 7 day account 6% allowed etc. C) Credit card surcharge of 3% applies to all AMEX card payments D) If your account is current, settlement discount is allowed less 2% eg if paying 30 day account 1% settlement allowed, if paying 7 day account 5% allowed etc. E) If account is in arrears, 2% surcharge will be applied to the total of account overdue for Mastercard/Visa/Eftpos card payments and 3% for AMEX card payments. Dominant Musical Instruments accept the following credit cards: a. Visa b. Mastercard c. Amex Please or fax payment confirmation details so that we may correctly allocate payment to your account. admin@dominantmusic.com.au TITLE TO GOODS RETENTION OF TITLE A) Our sales of items of personal property are conditional sales under the provisions of the Personal Property Securities Act 2009, and no sales are made on credit until a purchaser has adopted the Security Statement as set out in our Credit Account Application. By adopting the Security Statement, you are agreeing that all goods which we shall deliver to you on credit terms, whether now or in the future (meaning that all after-acquired inventory items of personal property are included) are thereby collateral in which we are able to establish a security interest (and, more particularly, a Purchase Money Security Interest) by the registration of financing statements under the Act. Having adopted our
4 Security Agreement you are further agreeing that legal and beneficial title in and to an item and/or the proceeds of its sale is retained by us notwithstanding our delivery of the item to you, and will be transferred to you only when payment is made and/or the PMSI is released in accordance with the Act. B) For the avoidance of any doubt, all goods supplied on the Tax Invoice remain the property of Dominant Musical Instruments until such time that payment is made in full for these goods and any other goods supplied by Dominant Music. FREIGHT A) All goods that are sold by Dominant Musical Instruments are on an Exwarehouse basis unless otherwise specified. B) Dominant Musical Instruments have negotiated the very best rates with our freight forwarders. C) All goods will be dispatched via Dominant Musical Instruments chosen freight forwarder and charged accordingly on invoice. D) Dominant Musical Instruments must be notified in writing if you do not wish to use Dominant Musical Instruments freight forwarder. E) For dealer nominated forwarders freight will be charged collect and insurance will be the responsibility of the dealer. Any goods lost, stolen, damaged or short delivered will be the responsibility of the dealer. F) The dealer must ensure there is suitable access to site where goods are to be delivered. The dealer indemnifies and keeps indemnified Dominant Musical Instruments and its agents against and loss or damage, whilst on the site or in the event the dealer fails to provide suitable access to a site for delivery. RETURN OF GOODS A) In the event that goods need to be returned to Dominant Musical Instruments for exchange or credit a Return Authorisation (RA) number must be obtained from head office. B) An R.A. form must be completed with all details required otherwise a RA may not be given. C) Dominant Musical Instruments will not accept nor credit any goods returned if no RA number is obtained. The goods will be returned and the freight charges will be borne by the dealer. D) Dominant Musical Instruments will not accept nor credit any goods returned if the RA number is not clearly displayed on the carton. Warehouse will not accept the goods. The goods will be returned and the freight charges will be borne by the dealer. E) Claim for RA must be lodged within the goods warranty time frame. F) The goods must be returned in their original packaging with all accessories and manuals, without marks, stickers, print or in any way defaced, otherwise they will be returned and the freight charges will be borne by the dealer. G) All goods returned must be insured by the dealer. Dominant Musical Instruments will accept no liability.
5 RETURN OF GOODS - continued H) The RA form is a request only. This is not an approval for return until you are issued with a RA number. I) The RA number is not an approval for credit or replacement; this will be decided once inspected by Dominant Music. J) An R.A. number is not an approval for warranty claim; this will be decided once inspected by Dominant Music. K) If the item(s) is customer stock a proof of purchase must accompany the completed RA form. L) Dominant Musical Instruments will not cover any freight charges where no fault is found, where an item(s) was ordered incorrectly or where an item(s) was supplied on sale or return or in conjunction with any other special offer. Any freight and insurance costs become the responsibility of the dealer. M) Dominant Musical Instruments will not accept returns for replacement or credit if goods are soiled, marked, used, damaged or in any other way other than that clearly outlined in the RA claim. REPAIR / SERVICE OF GOODS A) In the event that goods need to be returned to Dominant Musical Instruments for repair or service a Service Authority (SA) number must be obtained from head office. B) A SA form must be completed with all details completed otherwise a SA may not be given. C) Dominant Musical Instruments will not accept nor repair any goods returned if no SA number is obtained. The goods will be returned and the freight charges will be borne by the dealer. D) Dominant Musical Instruments will not accept nor credit any goods returned if the SA number is not clearly displayed on the carton. Warehouse will not accept the goods. The goods will be returned and the freight charges will be borne by the dealer. E) Claim for SA must be lodged within the goods warranty time frame. F) The SA form is a request only. This is not an approval for repair or service. G) The SA number is not an approval for credit, warranty claim, repair or service. This will be decided once inspected by Dominant Music or an approved repair/service centre. H) Dominant Musical Instruments will not cover any freight charges where no fault is found. Any freight and insurance costs become the responsibility of the dealer. I) Before any work is undertaken Dominant Musical Instruments will charge you a service fee of $55.00 inc GST (subject to change without prior notice). J) If the item(s) is determined faulty and is subject to Warranty Repairs, this service fee will be credited from your account. K) If there is no fault found with the item, the charge will remain on the account and be due and payable in full. No settlement applies. L) If the item(s) is customer stock a proof of purchase must accompany the completed SA form.
6 M) Dominant Musical Instruments will not cover any charges where no fault is found. Any labour costs, materials, freight etc will become the responsibility of the dealer. N) Dominant Musical Instruments will not accept goods if goods are soiled, marked, used, damaged or in any other way other than that clearly outlined in the SA claim. BACKORDERS A) Any product unavailable at the time of order will be automatically placed on backorder unless otherwise specified (eg. In case of specials where only certain stock quantities apply) B) An ETA will be given wherever possible for goods that are out of stock. C) Once goods have arrived Dominant Musical Instruments may only call to confirm if the backorder is still required, if the order is over 6 weeks old. Otherwise, the goods will be shipped to the dealer as soon as the goods are ready for distribution. D) Dominant Musical Instruments must be advised of any backorders that are no longer required in writing. TRANSIT DAMAGE AND SHORT DELIVERY CLAIMS If you suspect goods have been damaged or short delivered: 1) Inspect the contents of the box and determine the damage. 2) Sign the consignment note from the freight company indicating on all copies that you have received a damaged carton or that you have a missing carton. A) Dominant Musical Instruments must be notified of any goods that have been damaged or short delivered within 7 days of the date of invoice. B) This provision applies only to goods that are insured by Dominant Musical Instruments authorised insurer and delivered by Dominant Musical Instrument s authorised freight forwarder. If you have your own freight forwarder & insure your goods in transit with your own insurance company then: 1) Contact your freight and insurance company 2) Get a claim form and make a claim 3) Notify Dominant Musical Instruments so that we may keep a record of damage on file. If you use Dominant Musical Instruments freight forwarder and insurance then: 1) Notify Dominant Musical Instruments immediately of any damage.
7 2) Contact Dominant Musical Instruments to organize either the repair or return of damaged goods. 3) Obtain relevant return or service authorization numbers from head office. If you use Dominant Musical Instruments freight forwarder but have your own insurance then: 1) Contact Dominant Musical Instruments freight forwarder and your insurance company 2) Follow your insurance provider claim procedure. 3) Notify Dominant Musical Instruments so that we may keep a record of damage on file. SHORT SHIPMENT A) Dominant Musical Instruments must be notified immediately upon receipt of order if any goods are claimed to be missing. DROP SHIPMENT POLICY A) Upon request, Dominant Musical Instruments may drop ship goods direct to a dealers customer. B) There is a handling charge of $ GST for the 1st item, plus a charge of $ GST for each additional item on the invoice. C) No special freight deals apply to drop shipments D) Dominant Musical Instruments will not be responsible for any goods lost, stolen, damaged or defaced in any way via drop shipment E) It is the dealer s sole responsibility to insure all goods sent via drop shipment. DEALER MARGINS Extra Dealer margins are subject to negotiation and can be subject to change without notification. VARIATION If any contract between Dominant Musical Instruments and Dealer contains provisions inconsistent with these Terms and Conditions, these Terms and Conditions will prevail unless the subsequent contract is in writing and refers to and specifically alters these Terms and Conditions. No variation to these Terms and Conditions is binding on Dominant Musical Instruments unless confirmed by Dominant Musical Instruments in writing. TERMS & CONDITIONS These terms and conditions, prices and images contained within are subject to change by written notice.
8 WARRANTY DOMINANT MUSICAL INSTRUMENTS PTY.LTD. (Dominant Musical Instruments) The benefits conferred by this limited warranty ( this warranty ) are in addition to all other statutory rights in respect of this Dominant Musical Instruments product the consumer may have under the Competition and Consumer Act 2010 (Cth) and/or any other applicable laws. Terms & Conditions of This Warranty Subject to the terms and conditions below, Dominant Musical Instruments warrants to the original retail consumer purchaser that whilst the product is owned and used by the original retail consumer purchaser and provided it has been properly serviced, this product will be free from defects in material and workmanship for a period of time as stated within the packaging of the Manufacturer. Also see the list of Brands and terms of warranty supplied. You must retain your original sales receipt. This is requirement of proof of purchase. This limited warranty is void without sales receipt. To claim under this warranty, the original consumer purchaser must at the time the claim is made: A) Return the product, within the period of the warranty to the place of original purchase. B) Supply proof to of his/her original purchase of the product (at least the original sales receipt which must contain the Product s serial number and purchaser s name) C) Supply documentary evidence of its service history, and: - The cost of claiming under this warranty, including return of any product to Dominant Musical Instruments is to be borne by the consumer. - Dominant Musical Instruments will at its expense and at its option: - repair the product, or replace the product, or supply an equivalent product, or pay the cost of such repair or replacement. - Refurbished parts may be used to repair the product. Terms & Conditions of This Warranty To the extent permissible at law, this warranty does not cover:- A) Normal wear and tear on any part of the product. B) Adjustments, Set-ups or routine maintenance of any kind C) Any product that has been modified D) Any product that has the Serial Number missing, is unable to be read, is defaced or has been altered or tampered with in any manner. E) Failing to follow care instructions. F) Failings or deterioration due to neglect, accidents, abuse or abnormal use.
9 Terms & Conditions of This Warranty - continued H) Any service or repair performed by anyone other than an authorized service agent nominated by Dominant Musical Instruments for your product. I) Any Product which has been modified from its original state. J) Damage, corrosion or rusting of any hardware caused by salty air, humidity or exposure to moisture. K) Damages to finishes or cracks, splitting or warpage due to changes in temperature or humidity, exposure to or contact with sun, fire or chemicals of any kind, Body perspiration, high humidity, extreme temperatures, oxidation or tarnish of finishes including lacquer peel or any other external causes. L) Damage caused by guitar straps, guitar stands or hangers, polishes or chemicals. M) Any product that has been hired out N) The retail purchase was made outside Australia. O) A product supplied from an un-authorized dealer or distributor for the purposes of resale. P) Tone is personal to the player/listener and as such is not covered Q) Transportation, insurance or freight charges associated with claims under this warranty R) The loss of any user-generated data S) Discoloration, sinking, shrinking and wear of any lacquered finishes. T) Adjustments required as a result of movement when shipping. U) Use of a power transformer other than the unit supplied or specified. V) Changes to the products voltage selection switch. W) Strings, covers, cables, footswitches, battery clips. Notice to All Consumers Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
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