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Pyrosales’ Terms and Conditions of Sale

The following conditions apply to and form part of any contract between Pyrosales Pty Limited (‘the Company’) and the customer for the sale of any goods or services by the Company to the customer. These conditions replace any previous conditions.

1. Prices And Quotations

No quotation given by the Company shall constitute an offer. Any order for the supply of goods shall not be binding upon the Company until accepted by the Company.
The prices for the goods may be varied to the Company’s general prices in effect at the date of delivery of the goods notwithstanding any prior orders or sales order acceptances in respect of the goods.
Prices given in any quotation are applicable to that quotation only and will not necessarily apply in any other instance.
Sales tax and any other taxes or duties imposed by law on or in respect of the goods shall be to the customer’s account and shall be calculated using the rates and methods of assessment in force at the time of delivery.

2. Delivery

a) Where delivery of the goods is affected by way or part deliveries, the Company shall be entitled to invoice the customer for pro rata progress payments.
b) The Company shall not be liable for any loss of damage (including consequential loss or damage) arising from delay in delivery or failure to deliver due to circumstances beyond its reasonable control and the Customer shall accept and pay for goods notwithstanding late delivery.
c) Unless otherwise agreed to, delivery shall be Ex Works.
d) Delivery of the goods shall be deemed to be effected as follows:-
FIS – when the goods are made available for unloading by the customer from the delivery vehicle.
FOB – when the goods are loaded onto the delivery vehicle at the Company’s works or store.
FOR – when the goods are made available to the rail carrier.
Ex Works – when the goods are made available from the Company’s premises
e) The customer shall be responsible for and shall indemnify the Company for the loss or damage to the goods from the time of delivery until paid for in full.
f) Shortages in delivery must be advised immediately upon receipt. Goods damaged upon delivery shall be reported to the Company within seven days of receipt of the goods by the customer. Goods shall not be returned to the Company until prior approval has been obtained and then only by the carrier nominated by the Company.

3. Warranty

The goods are warranted by the manufacturer against defective workmanship and materials, its obligations pursuant to this express warranty being limited to the repair or replacement of the defective goods or materials at its option.
Services supplied by the Company are expressly warranted to be rendered with due care and skill.
To the extent permitted by law, all implied conditions and warranties (other than those implied by the Trade Practices Act) are expressly excluded.

4. Terms Of Payment

Unless otherwise agreed to, all goods will be supplied on a COD basis.
You must be at least 18 years of age to place an order with Pyrosales. You must have an email address or phone number in which you can be easily contacted.
The extension of credit to the customer shall be at the absolute discretion of the Company at all times and unless otherwise stated, where extended the terms of payment, shall be net cash within thirty days of the end of month of date of invoice.
For purchases made via credit card, on Pyrosales’ website www.pyrosales.com.au, information is managed through a secure payment gateway managed by Stripe (https://stripe.com/au). Pyrosales do not store credit card details.
For purchases made online and where credit card is not used, PayPal, Bank transfer and Pay by Phone can be used. Follow instructions on options.
For more information on orders and payments, view our Shipping and Returns Policy.

5. Indemnity

Without prejudice to any other rights the Company may have, the customer shall indemnify the Company for any loss, damage or expense incurred by the Company should the customer cancel any order or part thereof or breach any term hereof.

6. Title

While risk in the goods shall pass on delivery, legal and equitable title shall remain with the Company until it has received full payment thereof.
Pending such payment, the customer shall hold the goods as bailey for the Company and shall return the goods to the Company if so requested. Notwithstanding the foregoing, the customer as fiduciary may sell or deal with the goods in the ordinary course of its business whereupon the bailment shall immediately terminate.
If the Customer fails to pay for the goods on the due date then, even though the Company reserves the title to the goods supplied to the Customer and without prejudice to any other rights and remedies the Company may have. The Company may sue the Customer for the price of the goods as a liquidated sum. If the Company has purchased the goods from a supplier and has agreed with the supplier that title to the goods will not pass to the Company until the supplier has been paid, then this clause will not apply.

7. Default

Should the customer fail to make due payment for any goods or services supplied by the Company, or commit an act of bankruptcy, or by act or omission enable the appointment of a scheme manager, trustee, official manager, receiver, receiver and manager, liquidator or any other person authorised to enter into possession or assume control of any property of the customer pursuant to a mortgage or other security the Company may, without per justice to any other rights it may have, do any or all of the following:
(i) withdraw any credit facilities which may have been extended to the customer and demand immediate payment of all monies owing to the company.
(ii) withhold any further deliveries of goods or performance of services required under the contract.
(iii) in respect of goods already delivered, enter onto the customer’s premises to recover and resell same for its own benefit.
(iv) suspend and/or terminate performance of any other contracts which the Company has with customer.

8. Disputes

In the event of any dispute between the Company and the customer in relation to the contract for the supply of goods or services, either party may have written notice of the existence of such dispute to the other following which the dispute shall be referred to arbitration pursuant to the laws of the State of Applicable Law. In any proceeding before an arbitrator the parties may by agreement, but not otherwise, be represented by a solicitor or counsel.

9. Applicable Law

Unless otherwise stated, any contract arising from the Company’s receipt and acceptance of a customer’s order shall be construed and operate as a contract in conformity with the laws of the State of acceptance.

10. Shipping

To view our shipping rates and terms, view our Shipping and Returns Policy.

11. Refunds

To view information on returns, view our Shipping and Returns Policy.