Terms and Conditions

These Standard Terms and Conditions of Sale (the Conditions) apply to any sale of products/items, equipment or services of Scholz or, where a quotation is made, shall form part of that quotation. Scholz may vary the Conditions from time to time, and the Conditions as varied shall be published on the Scholz website (www.scholzgroup.com.au). The purchaser agrees that the ordering of any goods or services after the publication of the variation of the Conditions on the website will be an acceptance by the purchaser of the varied Conditions. No variation or cancellation of any of the Conditions shall be binding on Scholz unless first agreed by a responsible officer of Scholz in writing. No agent, or representative has the authority to waive or alter these Conditions. The purchaser or anyone purporting to act on behalf of the purchaser may place orders for goods or services with Scholz by telephone, email, EDI, in writing, or by facsimile transmission.

In the event of a conflict between the Conditions and those which may be included in, or implied by, any document forming part of any enquiry, specification, order or contract then the Conditions shall prevail unless they are expressly varied by Scholz in writing.

If any Condition is contrary to or excluded by law then the Conditions shall be modified but only to the extent of excluding that part of the Conditions so affected.

A quotation is not to be construed as an offer or obligation to sell and Scholz reserves the right to decline any order for goods or services, either wholly or partially, at any time prior to the delivery of the goods or services, in which case Scholz shall be under no obligation in respect of such order.

All prices are subject to change without notice and orders are accepted by Scholz on the condition that they will be invoiced at the prices ruling at the date of dispatch, but every endeavour will be made to give 30 days notice of any increase. All prices shown in the published catalogues or price lists are recommended selling prices only and there is no obligation on the part of any reseller to maintain such prices.

The purchaser agrees to comply with the Conditions and payment for goods and services shall be made by the purchaser to Scholz within 30 days from the end of the month of purchase, unless otherwise agreed to in writing by Scholz. Note, Scholz reserves the right to provide terms of payment at its discretion, to qualifying purchasers.

Scholz will endeavour to comply with the time of delivery of goods and services requested by the purchaser but delivery time is not guaranteed nor is time of the essence of the contract of sale of the goods and services. Scholz will not be liable for any loss or damage of whatsoever nature arising out of a delay in the delivery of goods and services. The delivery period quoted commences from the date Scholz receives sufficient information to proceed with the supply or from the date Scholz receives the purchasers written order, whichever is the later. Quoted delivery dates are subject to confirmation when placing the order. Goods to most Lumex Electric and Managed Marketing and Sales customer locations are delivered Free Into Store for orders in excess of $250+GST. Orders that fall below this minimum value will incur a minimum $100 surcharge per order at the discretion of Scholz. Free Into Store relates to carriage by general road freight only. Scholz will not be responsible for costs incurred where freight is carried by on-forwarders. If delivery point is not accessible by road, goods will remain in the nominated transport depot until roads reopen or be moved at the sole discretion and cost of the purchaser. Scholz reserves the right to charge delivery costs at its discretion, including but not limited to a remote area surcharge where applicable and in agreement with the purchaser.

Goods will not be accepted for return and credit without the prior approval of Scholz Management in writing. A goods return consent (GRC) will be provided, and the GRC number must be quoted. Any goods returned must be delivered free into store, and in undamaged condition, in the original packaging, and the GRC quoted. Where goods are deemed to be at fault, Scholz will cover the cost of transporting the goods back for review.

The purchaser cannot return goods that exceed 30 days from the date they received them without prior written approval by Scholz. Obsolete or specially built products will not be accepted for return. A standard 15% restocking fee applies to any accepted return. No product made specifically to customers requirements or that are in Scholz opinion superseded or special may be returned for credit unless not to specifications or otherwise not in accordance with any express or implied term of the contract of sale.

Any order may, at the option of Scholz, be terminated in the event of insolvency of the purchaser or of execution being levied against any of the goods of the purchaser or the purchaser being placed into administration or liquidation, whether voluntary or otherwise, or of a mortgage entering into possession of any assets of the purchaser or the purchasers credit worthiness or credit standing alters, in the opinion of Scholz, from that disclosed in its application for credit.

If a purchaser cancels an order for a non stocked item, or a specially manufactured item, without the prior written consent of Scholz, a cancellation fee of 100% of the value of the order applies.

A variation or cancellation of any order by the purchaser is subject to acceptance by Scholz of such variation or cancellation and in the event of such agreement the purchaser hereby indemnifies Scholz against any loss or damage as a result of such variation or cancellation.

Scholz warrants that the goods it supplies shall be of good and merchantable quality and its liability shall be limited only to the repair or replacement of any faulty or defective goods. This warranty does not cover accidental damage, or damage from misuse, improper use, poor maintenance, modification, or neglect.

Scholz will transfer or assign all warranties that have been granted to the Group to the purchaser for goods not produced (but supplied) by Scholz.

In no event shall Scholz be liable either under statute, in equity, in contract or tort (including in negligence) or otherwise for any direct or indirect special consequential or punitive loss or damages (including loss of income, profits or business, loss of goodwill or reputation or loss of value of intellectual property) to persons or property, whether foreseeable or unforeseeable, arising from or caused in any way by such goods.

The purchaser has seven (7) days from the date of delivery of the goods within which to provide Scholz with written notice of any claim for alleged failure to comply with an order whether due to a shortfall, defect, incorrect delivery or otherwise. Shall the purchaser fail to provide such written notice within the stipulated time period then Scholz shall be deemed to have complied with the purchasers order in all respects including delivery, quality and quantity.

Scholz uses every care in packing but, unless otherwise agreed, shall not be liable for any loss or damage in transit, and any claim in relation to such loss or damage shall not be accepted by Scholz and shall be a matter between the purchaser and the shipping company or carrier. The purchaser shall inspect and check all goods received as soon as practicable upon unloading. No claim for shortage of goods shall be made to Scholz after 48 hours of such inspection, and while Scholz shall endeavour to rectify any shortage as soon as practicable after receipt of any claim, it shall not be liable in respect of such rectification.

Scholz shall be under no obligation to comply with any specification or drawings referred to in any order unless such specifications or drawings have been produced to Scholz prior to delivery of goods and signed by Scholz. Otherwise Scholz does not warrant nor represent that the goods are fit for a particular purpose and the purchaser agrees that it does not rely on the skill and judgment of Scholz in relation to the suitability of the goods for a particular purpose. All such warranties are hereby excluded to the maximum extent permitted by law.

All goods sold shall be at the risk of the purchaser form the time of dispatch of the goods by Scholz for delivery to the purchaser and the purchaser shall be solely responsible for insuring the goods in transit.

The purchaser expressly agrees that if the purchaser fails to pay Scholz the invoiced price of any goods and services by the due date for payment then Scholz;

a. shall have the immediate right to bring an action against the purchaser for payment of the invoice price of the said goods and services, notwithstanding that ownership and property in the said goods and services shall not have passed to the customer;

b. may refuse to supply any such goods and services to the purchaser;

c. may claim the return of any goods in the possession of the purchaser where title in such goods has not passed to the purchaser;

d. may determine the contract and/or suspend manufacture or delivery, installation, commissioning or testing of any goods then outstanding;

e. may retain any security given or money paid by the purchaser or available through enforcement of guarantee or security bonds lodged and may
apply such security or money against the loss and damages incurred by the failure of the purchaser to pay;

f. may withdraw or vary any credit extended to the purchaser without notice to the purchaser;

g. may without notice make all moneys owing by the purchaser to Scholz on any account immediately due and payable;

h. may take such steps as it deems necessary to mitigate any damage suffered including the putting to use, hiring out, sale or disposal of any goods in its possession supplied or to be supplied to the purchaser; and

i. may charge interest on overdue accounts at the rate not exceeding the standard overdraft rate offered by the Commonwealth Bank of Australia on the day of the calculation.

j. may list any defaulting accounts with VEDA, this will remain on your credit for a period of 5 years.

The following applies;

a. the legal and equitable title in the goods will only pass to the purchaser when all moneys owing by the purchaser to Scholz on any account whatsoever have been paid in full.

b. Until such payment in full, the purchaser acknowledges that the goods are held by the purchaser as bailee for Scholz and that a fiduciary relationship exists between Scholz and the purchaser in relation to the goods, which must be stored separately as a fiduciary of Scholz in good condition and in such a way which clearly indicates the ownership of Scholz in the goods.

c. While Scholz retains title in the goods the purchaser shall not bail, pledge, mortgage, charge, obtain or grant a lien over, lease or assign by any other way the goods or any security in the goods.

d. The purchaser irrevocably authorizes Scholz by its servants or agents to enter upon any site where the goods are located to take possession of the goods without any prior notice or for any purpose connected with or in relation to the protection or enforcement of the rights of Scholz to the goods and indemnifies Scholz against any loss or liability arising from the exercise of its rights to so enter and to take possession of the goods.

e. If the purchaser pays for the goods by cheque then payment only occurs when the cheque or cheques have been presented, and cleared in full.

The Customer and Scholz agree to contract-out of the PPSA in accordance with the Sec ? 115 of the PPSA to the extent that the section applies for the benefit of, and does not impose a burden on Scholz. The Customer waives its rights to receive a copy of any Financial Statement or any financing Change Statement registered by Scholz in respect of the security interest created by these terms and conditions.

If the purchaser disputes any charge appearing on an invoice, then the purchaser shall give written notice of such dispute to Scholz immediately upon receipt of invoice and shall pay all other charges not in dispute on the invoice by the due date pending an investigation of the dispute.