If any part of these trading terms and conditions is rendered invalid by any law or is held to be invalid or unenforceable, then that part shall be excluded but, to the extent the remainder is capable of being performed and enforceable, neither the invalidity or unenforceability nor the exclusion shall affect the validity or enforceability of the remaining parts of this document.
1. Definitions – Under these Trading Terms & Conditions:
- Customer means the Customer to whom Bronson Safety has agreed to supply goods or services;
- Goods or Services means the goods or services which Bronson Safety has agreed to supply to and invoice the Customer;
- Purchase Order means a Customer Order that has met the requirements of this Trading Terms and Conditions document.
An account application including these terms of trading given by Bronson Safety to the Customer constitutes an offer by Bronson Safety to supply goods or services to the Customer from Bronson Safety on these conditions to the exclusion of all other conditions. A contract is made when Bronson Safety accepts and approves in writing an account application with these included terms and accepts an order to supply goods or services ordered. These terms and conditions will form part of this contract until circumstances alter in relation to these terms. The trading law applicable is the state law of Queensland.
These conditions replace all previous conditions imposed by Bronson Safety and apply to the exclusion of any conditions of purchase used by the Customer even if they form part of the Customer’s order. No variation of these conditions binds either party unless confirmed in writing by Bronson Safety.
Bronson Safety quotations are valid for a period of 14 days unless otherwise stated on a specific quotation. After the 14 days expiry, prices are subject to change without notice and will be reflected at the date of the invoice provided there is no unreasonable delay in the execution of supply by Bronson Safety. Quoted pricing will be deemed accepted by the Customer upon Bronson Safety receipt of a Customer order in relation to a specific quotation. Bronson Safety will only be required to fulfil the Customer instructions confirmed at the time of quotation and shall not be responsible for errors or omissions due to misinterpretation of verbal instructions given during preparation of any quotation. Customer instructions recorded at the time of quotation preparation will be the only written instructions relevant in the supply process unless an amendment is negotiated between Bronson Safety and the Customer.
All Bronson Safety prices are subject to variation without notice except where a specific 14-day quotation or fixed-price contract exists. All invoices are stated in Australian dollars and must be settled in Australian dollars. Unless expressly stated otherwise, prices quoted for goods or services will not include a GST calculation. Other duties, taxes, freight or credit card surcharges will be itemised and specified at the time of invoice and are payable by the Customer. All goods or services are charged at ruling prices at the time of placement of a Customer's order.
Bronson Safety offers 30-day from End-of-Month accounts to Customers who meet our Strict credit requirements. All invoices for approved account customers are strictly 30 days from end-of-month. By which terms, payment of an invoice is due and payable on the 30th (or closest date) of the following month. Any disputes regarding invoicing errors must be adequately communicated to Bronson Safety within this 30 day period from purchase, for resolution and rectification purposes. Where the 30 day payment period has been exceeded, it is at the discretion of Bronson Safety to withhold orders from dispatch until the excess amount has been paid in full and the account has been updated. Should the customer default in payment, then all monies due to Bronson Safety will become immediately due. Bronson Safety reserves the right to charge an interest rate of 2% per month above the National Australia Bank reference-lending rate to any Customers with an overdue account. Interest rates will be calculated daily from the due date until the date on which an invoice is paid in full. In default, the Customer must pay all costs and expenses (including legal and mercantile agents’ fees where applicable) that Bronson Safety may incur when attempting to recover overdue amounts. In case of default, Bronson Safety reserves the right to terminate any Customer Credit Agreement upon notice to the Customer, in writing. Bronson Safety reserves the right to refuse 30-day end-of-month accounts for any customer that does not meet Bronson Safety's strict credit requirements. Pre-payment is required for all non-approved customers via Electronic Funds Transfer (EFT) prior to dispatch or the provision of an accepted credit card at time of order.
Deliveries will be subject to freight charges unless otherwise previously agreed to in writing. Delivery of back-ordered products, where part of a previously supplied order, will be at the expense of Bronson Safety. Freight costs accepted by the Customer will be stated on a quotation or an invoice as it applies. Bronson Safety reserves the right to select the method of transport for all goods agreed to for return to Bronson Safety. All products delivered to the Customer’s location are acknowledged as unloaded and stored at the Customer’s cost and risk. All special freight circumstances made by a Customer i.e. airfreight or overnight express must be relayed to Bronson Safety in writing and received within a reasonable time for any special freight conditions to be met. All special freight requests will be at the Customer’s expense unless otherwise agreed to in writing by Bronson Safety. Bronson Safety will not be liable for any loss, damage or delay suffered by the Customer because of late or non-delivery of goods or services if Bronson Safety makes all reasonable efforts to meet deadlines specified by the Customer.
Bronson Safety guarantees 100% satisfaction on every order. If you wish to return or exchange an item, we will gladly provide a suitable replacement or credit your account. Please contact our friendly sales team on 1300 095 701 within 30 days of your original order for fast and friendly assistance. The following terms and conditions also apply when lodging a return or exchange request. A minimum 5% restocking fee may apply for orders placed incorrectly. All refunds provided will exclude any restocking fees and original freight costs. Return of any Goods must be organised by the customer at their own cost. Goods must be returned in original packaging and in a resellable condition. Clothing, wearable garments and footwear that has been opened and/or worn is therefore unsuitable for resale and will not be accepted by Bronson Safety, for hygiene purposes. Bronson Safety DO NOT offer returns on custom, special-made, embroidered or other such personalised items. Return of any items is to be negotiated as required and any fees or conditions may apply at the discretion of Bronson Safety. All returns are to be authorised in writing by Bronson Safety in advance and a copy of the relevant invoice must accompany the returned goods with freight applicable under conditions specified in item 7.
Any claim for shortage of supply or damage to goods must be notified in writing to Bronson Safety within 24 hours.
10. Title and Risk
Risk in goods or services passes to the Customer on the collection, delivery or supply of the goods or services to a carrier or the Customer’s agent for delivery to the Customer. The Customer shall inspect all goods on arrival from Bronson Safety and shall, within 24 hours (as per item 9), give notice to Bronson Safety in writing that the goods or services are not in accordance with the Bronson Safety terms. Failure to comply with this requirement will deem Bronson Safety to have met its supply obligations. Title to the goods does not pass until the Customer makes payment in full and the funds have been cleared. Until title to the goods passes, the Customer possesses the goods as fiduciary bailee and agent for Bronson Safety. That is unless otherwise agreed in writing the Customer agrees to store the goods in good order, in a manner which clearly identifies them as the property of Bronson Safety until fully paid for with the payment cleared into the Bronson Safety account. If the Customer fails to comply with the conditions of title or Bronson Safety considers the Customer unable to comply with conditions of title then Bronson Safety shall have the right to immediate possession of the goods and the Customer shall provide reasonable access to the goods for repossession and hereby irrevocably authorises Bronson Safety to enter any premises where the goods are kept to recover possession of the goods. The repossessed goods must be in a re-saleable condition in order for all of the needs of Bronson Safety to be met.
11. Warranties and Refund Policy
Save and except as required by law, no warranty is given where Bronson Safety is not the manufacturer of products other than the warranty offered by the manufacturer and that the goods and services are fit for their usual purpose. Products are sold subject to each and every manufacturer’s trading terms and conditions and are protected by a manufacturer’s specified warranty and that the goods and services are fit for their usual purpose. Bronson Safety acknowledges a manufacturer’s warranty under the Competition and the Consumer Act 2010, provided that the manufacturer’s liability for a breach of a condition or warranty implied by part 3 – 2 div 1 and part 5 – 4 of the Australian Consumer Law
does not extend beyond and is limited to:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
The Customer must retain the original purchase invoice for all refund negotiations. Under The Act and the policies of Bronson Safety, the Customer may request a refund if goods:
(a) become faulty through no fault of the Customer;
(b) are not fit for a stated purpose or a purpose made known to the staff of Bronson Safety;
(c) don’t match the product description or sample provided at the time of purchase or quote;
(d) has defects that were not obvious or were not pointed out at the time of purchase or delivery.
The goods must be returned within the arrangements detailed in these terms. The Customer will be asked for proof of purchase. The Customer may be asked to demonstrate the problem or fault prior to return agreement being validated and also prove that the problem was not caused by the Customer. If an alternative to a refund (a refund is not offered due specifically to a change of mind) is preferred then the following provisions are made by Bronson Safety:
(a) Bronson Safety will arrange for the goods to be repaired under the conditions specified by the relevant manufacturer.
(b) Bronson Safety will arrange for the goods to be exchanged under conditions specified by the relevant manufacturer.
(c) Bronson Safety will offer a credit to be taken up by the Customer.
Custom-made, special-make, embroidered garments and products manufactured to a Customer
drawing will be excluded from this return policy.
12. Force Majeure
Bronson Safety will not be liable for any loss, damage or expense suffered or incurred by the Customer where such loss is occasioned by any cause beyond Bronson Safety’s reasonable control, including and without limiting the generality of the foregoing by war, insurrection, terrorism, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
13. Occupational Health and Safety Responsibilities
It is the responsibility of the Customer to provide all relevant workplace information in order for Bronson Safety to make an informed and accurate assessment of product needs. Relevant information includes a provision to Bronson Safety of all Material Safety Data Sheets (MSDS) that will assist Bronson Safety to supply Personal Protective Equipment (PPE) specified in the MSDS. The Customer must also provide workplace exposure concentrations for all hazardous substances included in the work process for which protection is required. The Customer must seek professional advice for specified protective requirements in the relevant State Legislated Occupational Health and Safety Statutes for Head, Eye and Face, Hearing, Respiratory, Clothing, Footwear, Hand, Height, Skin and Site Protection prior to placing an order on Bronson Safety. The Customer shall warrant that Bronson Safety, its’ Servants or Agents has not been the sole source of workplace safety application advice in the purchase of goods or services for a particular workplace need. Bronson Safety shall take all reasonable care in the supply of goods in accordance with the information received from the Customer. Bronson Safety shall not be liable for any damages caused by the Customer’s negligence or omission in providing Bronson Safety with incorrect or inaccurate information or deliberate or accidental withholding of information that would be considered essential for suitable workplace safety products recommendations. Should the conditions outlined here not be acceptable to the Customer then the goods listed on a specific invoice must be returned within 14 days of the invoice date. Refund conditions apply. If goods are not returned within the 14 days period then the Customer is deemed to have accepted the conditions here.
14. Customer Service Complaints
Bronson Safety has a policy for dealing with Customer and service complaints. The Customer is to lodge a complaint in the first instance in writing via email or fax to the original Bronson Safety supplier of goods. The Customer must provide a contact name on all complaints lodged with Bronson Safety.
Bronson Safety shall not be liable nor responsible for any special, consequential, direct or indirect loss, damage, harm or injury suffered by the Customer or any other person due to the failure to comply with any requirements of the Supplier of product, or any other person or the requirements of the Customer that the goods or services are suitable to do a specific job or to achieve a specific purpose, (whether they are relating to manufacture, design, fabrication, installation and or any other particular intended use of any goods or services, and/or otherwise), details of which are not precisely and accurately communicated in writing directly to the appropriate personnel at Bronson Safety prior to entering into any relevant sale contract with the Customer.
17. Variation of these Conditions
(a) Bronson Safety may vary these conditions at its discretion from time to time;
(b) Bronson Safety shall notify the Customer of any such variation directly or by posting the varied conditions on its Website;
(c) by placing an order for goods after notification of the varied conditions the customer is deemed to have accepted the varied terms and conditions.