Conditions of Sale

  1. Every quotation is an estimate only and is subject to withdrawal, correction or alternation at any time prior to the seller’s acceptance of the buyers order.
  2. Orders are accepted on the basis that the seller reserves the right to vary the prices payable to the buyer to accord with those ruling of the date of dispatch, except where prior negotiations allows an order on alternative basis, in the event that any order or other document forwarded by the buyer to the seller contains anything inconsistent with these conditions such order or other document. If accepted, is accepted only on the express understanding that these conditions are to prevail in all cases.
  3. Except where the seller fails to deliver the goods set out in an order, on acceptance of the buyers order any deposit paid by the buyer to the seller shall not be refunded without prejudice however to the sellers right to damages on the purchases failure to perform a contact between these parties. Except where the seller has failed to deliver the goods, a cancellation charge will apply to any deposit or lay-by. A lay-by must be collected within 90 days from the initial payment date.
  4. Prices are subject to buyers order for the whole quantity mentioned in the quotation unless otherwise negotiated.
  5. Whilst every endeavour will be made to effect delivery by the date given, the seller shall not be liable to penalties or damages, (either direct or indirect) for failure to deliver within the time stated due to strikes, accidents, wars, and any other causes beyond the sellers control.
  6. Property in the goods shall not pass until the seller has received payment in full although risk in the goods passes on delivery.
    1. Where the goods have been delivered to the buyer but the seller has not been paid then until payment is received the buyer agrees to keep the goods as fiduciary for the seller to store or otherwise identify the goods in a manner that clearly shows the ownership of the seller and if required to deliver the goods to the seller, in which case the buyer is liable to pay all damages including all or any rental charges associated with the return of the goods.
    2. Without prejudice to any statutory rights available to the buyer, all goods supplied are covered by such warranty as specified by the manufacture and supplied subject to the products standards detailed by the manufacturer.
  7. The buyers attention is drawn to section 68A of the trade practices act, 1974, (“The Act”) which has the effect of enabling suppliers in respect of the contracts for the supply of goods or services not being goods or services of a kind ordinarily acquired for personal, domestic or household consumption to limit their liability in certain circumstances for the breach of certain conditions and warranties implied by the act.
    1. Subject to the qualifications contained in section 68A of the Act should the seller be liable for breach of a condition or warranty implied by Division 2 part V of the Act (not being a condition or Warranty implied by section 68A of the act) the seller’s liability for such breach shall be limited to:In the case of goods, any one of the following as determined by the seller;
      1. The replacement of the goods or the supply of equivalent goods; or
      2. The repair of goods;
      3. The payment of the cost of replacing the good or of acquiring equivalent goods; or
      4. The payment of the costs of having the goods repaired.In the case of services, one of the following as determined by the seller;
        1. The supply of the services again
        2. The payment of the cost of having the services supplied again.
    2. To the full extent permitted by the law, but subject always to the above terms and conditions, warranties and representations not expressly contained herein and hereby expressly negated and excluded.
  8. The buyer will be responsible for immediate examination of the goods after arrival at the place of delivery and the seller shall, except as may otherwise be mandatory by law, not to be liable for any claim to which it would otherwise be liable in respect of damaged goods including goods damaged in course of transit and the buyer shall be deemed to have accepted the goods are of the description, quality and quantity ordered unless particulars of claim are notified to the seller in writing within seven (7) working days after the arrival of the goods at the place of delivery.
  9. Subject to paragraph 8, the seller will not accept return of goods unless the seller authorizes such return.
  10. Sales tax is included in the price unless it is printed on the invoice.
  11. Where the buyer is a corporation, the seller is entitled to charge interest on overdue accounts at the rate of one and one half percent per calendar month calculated from the date thirty (30) days after invoice.
  12. To the full extent permitted by the law the sellers liability for any such breach of contract or for any negligent act or omission is limited to the cost of replacement of goods or supply of equivalent goods and shall not extend to consequential loss, loss of profits or any liability for damage to property or death of or injury to persons howsoever caused.
  13. If the buyer fails to make any payment to the seller by the due date the seller may without notice withhold delivery of any further goods to to the buyer until payment of all monies due to the seller by the buyer on any account has been made in full and the seller may furthermore, at its discretion, treat the buyer as having repudiated any or all subsisting contracts between the seller and the buyer.
  14. Where goods are manufactured to the buyers specifications the buyer indemnifies the seller against any liability to or action by a third party for infringement or alleged infringement of a patent, registered design, trademark or copyright.
  15. The buyer will be responsible for transporting goods for warranty repair to and from the seller’s place of business. Risk of loss or damage to the goods will be at the buyers risk during transit.
  16. Lay-by cancellations will incur a 30% cancellation fee as well as an administration fee of 10% of the total deposit paid.
  17. Stock returned for refund will incur a restocking fee of 22%. Goods must be returned in the original packaging and in a resalable condition.
  18. All bookings require 50% deposit unless negotiated otherwise.
  19. DO NOT VOID YOUR LIFETIME INSTALLATION WARRANTY WITH NEWCASTLE PRO SOUND
    1. Do not modify and/or alter any installation work completed by our technicians unless we have advised otherwise in order to maintain the warranty.