Orders and Returns

For instructions on how to return a Katana Powertools product, please head to the Returns page.

These Terms are the only basis upon which the Goods will be supplied by Kincrome to the Purchasers. By placing an Order with Kincrome via www.katanapowertools.com.au, the Purchaser agrees to accept, and comply with, each of these Terms.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms, unless the context otherwise requires:

1. “Cash Sales" means sales of the Goods, payment for which is made at, or before, the Delivery of the Goods;
2. "Credit Sales" means sales of the Goods, payment for which is due or made after the Delivery;
3. "Delivery” means delivery of the Goods to the Purchaser pursuant to the Order;
4. "Goods" means products and any services supplied or to be supplied by Kincrome to the Purchaser from time to time;
5. "Loss" means any delay, loss, liability, damage, expense or cost whatsoever and includes (without limitation) direct or consequential loss or damage;
6. "Order" means any order or request for the Goods or services irrespective of whether or not the Order is in writing and includes an order by email, facsimile or telephone;
7. "Purchaser" means any person who places the Order with Kincrome and includes such person's agents, employees, executors, administrators, successors and permitted assigns;
8. "Quotation" means a quotation as to the price of specified Goods given by Kincrome to the Purchaser;
9. “Terms” means these terms of sale; and
10. "Kincrome" means Kincrome Australia Pty Limited (ABN 41 007 185 006), its successors and assigns, of the address appearing on the invoice issued in respect of the Goods supplied.

1.2 In the interpretation of these Terms, unless specified to the contrary:

1. Time is of the essence;
2. Words importing the singular include the plural and vice versa;
3. Words importing any gender include all other genders;
4. A reference to a person includes a company or other corporate body and vice versa;
5. A reference to any legislation, regulation, code or local law includes any modification, re-enactment or substitution of it;
6. The obligations on the part of a Purchaser who is a natural person includes his/her heirs, executors, administrators and assigns; and
7. The obligations on the part of a Purchaser which is a company or other corporate body includes its successors and assigns.

1.3 Any obligation imposed by these Terms on the Purchaser comprised of two or more persons (whether natural, corporate or a combination of the two) binds them jointly and each of them severally.

1.4 Clause headings are for ease of reference only and are not intended to affect the construction or interpretation of these Terms.

1.5 If the time for performing any obligation under these Terms expires on a non-business day, then time is extended until the next business day.

1.6 A waiver by Kincrome of a default by the Purchaser under these terms will not constitute a waiver of another or continuing default of the same nature or any other provision of these Terms.

1.7 In the event that any part of these Terms is held to be unenforceable, the unenforceable part shall be severed and the remainder of the terms shall remain in full force and effect.

1.8 These Terms embody the entire agreement and understanding between the parties concerning its subject matter, and succeed and cancel all other agreements, understandings and representations concerning the subject matter of these Terms.

1.9 These Terms can be varied by Kincrome at any time, provided written notice of the variation is given to the Purchaser, with such variation to apply to all Orders and Quotations after the date of notification.

1.10 These Terms are to be governed by and construed in accordance with the laws of the State of Victoria and the parties submit to the exclusive jurisdiction of the state and federal courts located in Victoria.

2. FORMATION OF A CONTRACT

2.1 Quotations, catalogues or price lists issued by Kincrome shall not constitute an offer to sell specified Goods at specified price, but rather will constitute an invitation to the Purchaser to make an offer to purchase the specified Goods at the quoted price by placing an order. A contract for the supply of Goods by Kincrome to the Purchaser is formed when Kincrome accepts the Order by delivering or providing all or some of the Goods ordered or by sending a written acceptance of the Order to the Purchaser. Kincrome reserves the right to refuse any Order.

2.2 These Terms apply to and form part of any contract for the supply of the Goods by Kincrome to the Purchaser. The Order is only accepted upon and subject to these Terms.

2.3 Any qualification, addition, variation or provision which conflicts with these Terms which appears in the Order shall not form part of the contract between Kincrome and the Purchaser unless such change appears on the face of the Order duly accepted by an authorised person of Kincrome or is otherwise confirmed by Kincrome in writing.

3. PRICE AND PAYMENT

3.1 Unless otherwise stated, all prices quoted by Kincrome are net and exclusive of all taxes (including GST), duties, and any other costs payable in respect of the supply of the Goods. The Purchaser agrees to pay Kincrome GST in addition to the price.

3.2 Delivery costs are shown prior to the payment method process and are an additional cost on top of the products in the cart.

3.3 The Purchaser acknowledges and agrees that the prices for the Goods quoted in price lists may be varied at any time without notice and the Goods will be invoiced at the then current price for those Goods as at the date of the Delivery. If after acceptance of the Order there are increases in the costs incurred by Kincrome due to currency exchange rates, duty rates, air-freight rates or any other factors beyond the control of Kincrome, Kincrome reserves the right to amend the prices to allow for any such increased costs by notice in writing to the Purchaser.

3.4 Subject to the provisions of any Credit Sales arrangement, Kincrome reserves the right at any time to require immediate payment for all Goods supplied or provided. Payment for those Goods will be due immediately upon receipt by the Purchaser of a notice from Kincrome that it requires immediate payment.

4. DELIVERY

4.1 Kincrome shall arrange delivery of the Goods to the location agreed by Kincrome and the Customer at the Customer's cost.

4.2 Kincrome will not be liable for any loss or damage which may be suffered by the Customer (including consequential loss or damage) arising out of a delay in the delivery of Goods, a failure to deliver Goods or from delivery of defective Goods.

4.3 Without limiting the operation of the previous clause, the Customer must accept and pay for Ordered Goods notwithstanding a delay in the delivery of Goods, a failure to deliver Goods or delivery of defective Goods.

4.4 Kincrome reserves the right to deliver any one or more consignments as part delivery with each consignment to be paid for in accordance with these Terms of Trade.

4.5 The Purchaser must notify Kincrome of any damage to the Goods, defective Goods or short Delivery by phone or in writing within 1 business day after the Delivery, failing which the Purchaser will cease to have a claim for the damage, defects or short Delivery.

4.6 If Kincrome determines (at its absolute and unfettered discretion) that the Delivery contained a shortfall or damaged or defective Goods, then Kincrome will arrange for any missing or damaged or defective items to be dispatched to the Purchaser.

4.7 Risk of any Loss to the Goods from whatever cause shall be borne by the Purchaser from the time the Goods are dispatched from Kincrome's premises.

4.8 The Purchaser will be responsible for and indemnifies Kincrome for Loss to the Goods from the time of the Delivery.

4.9 The Delivery will be done by a contractor engaged for that purpose by Kincrome. The Purchaser will be required to sign an acknowledgement that the Delivery contains the type and quantity of Goods described on the delivery documents.

7. RETURNS

7.1 Kincrome may, at its absolute and unfettered discretion, accept any Goods submitted for return by the Purchaser and subject to any conditions Kincrome wishes to impose on such a return. No returns of the Goods will be accepted by Kincrome unless those Goods are returned unused and in a re-saleable condition and within thirty (30) days of the Delivery.

7.2 If Kincrome agrees to accept the returned Goods from the Purchaser, the Purchaser accepts that it shall be responsible for payment of all transportation and freight costs in having the Goods returned to Kincrome.

8. FITNESS FOR PURPOSE

8.1 The Purchaser acknowledges that it has made due inquiry and relies on its own skill and judgment when deciding whether the Goods are fit for purpose.

8.2 It is the Purchaser's responsibility to satisfy itself that the Goods are of a description, quality and character suitable for the purpose for which they are purchased and, to the extent permitted by law, Kincrome shall not be liable in any way for any Loss arising from the failure of the Purchaser to so satisfy itself.

9. INFORMATION

9.1 All specifications, drawings, samples and particulars of weights and dimensions submitted to the Purchaser by Kincrome are approximate only and any variation from any of these things does not vitiate any contract with Kincrome or form grounds for any claim against Kincrome.

9.2 Any performance figures in relation to the Goods given by Kincrome are estimates only. Kincrome has no liability for any Loss caused by the failure of the Goods to obtain such figures.

9.3 The descriptions, illustrations and performance information contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the Goods or the description applied to the Goods.

9.4 Information published by Kincrome about the Goods has either been supplied by the manufacturer of those Goods, obtained from the manufacturer's brochures and advertising material or supplied or otherwise obtained from that manufacturer. Kincrome is not liable for any Loss, either directly or indirectly incurred by the use of, or reliance upon the information provided therein or for any errors, omissions or inaccuracies in the information provided. All information referring to such Goods should be specifically confirmed with the manufacturer.

10. LIMITATION OF LIABILITY

10.1 Subject to these Terms, to the extent permitted by law, Kincrome excludes all statutory or implied conditions and warranties and any other liability it may have to the Purchaser (including liability for indirect or consequential loss) that may arise under statute or at law including without limitation for breach of contract, in tort (including negligence) or under any other cause of action.

10.2 Subject to these Terms, to the extent permitted by law, Kincrome limits its liability under any condition or warranty which cannot be legally excluded in relation to the supply of the Goods to whichever of the following Kincrome chooses:

1. The Goods or supplying equivalent Goods again;
2. Repairing the Goods;
3. Paying the cost of replacing the Goods or of acquiring equivalent Goods again; or
4. Paying the cost of repairing the Goods.

13. MATTERS BEYOND THE CONTROL OF KINCROME

Kincrome will not be liable for any Loss suffered by the Purchaser as a result of a failure to observe any of these Terms or as a result of any delay in performance of any obligations due to any cause or circumstances beyond Kincrome's control including but not limited to any failure or delay in performance caused by any strikes, lock-outs, labour disputes, fires, acts of God or public enemy, delays in transport, breakdown in machinery, restrictions or prohibitions by any government or any semi-government authorities, Kincrome's suppliers failing to supply the Goods, embargos or any other events beyond Kincromes control wherever and whenever they occur.

14. ASSIGNMENT OF THE PURCHASER'S RIGHTS

The Purchaser may not assign, transfer or otherwise dispose of any of the rights or obligations of this or any other contract with Kincrome that is subject to these Terms without the prior written consent of Kincrome.

15. NOTICES

Any notice given under these Terms must be in writing and may be given by hand delivery, pre-paid ordinary post or by facsimile transmission. A notice will be deemed to have been received by the person to whom it was sent:

1. In the case of hand delivery, upon delivery;
2. In the case of pre-paid ordinary post, three (3) days after the date on which it was posted; or
3. In the case of facsimile, upon the sender obtaining confirmation that the transmission was completed successfully.