Compass Capital Services Pty Limited ABN 96138 214 525 trading as Kleenmaid.
Terms and Conditions of retail sale.

1. APPLICATION

1.1. These Terms only apply to all sales of Goods to customers.
1.2. No amendment, alteration, waiver or cancellation of these Terms is binding
on Kleenmaid unless Kleenmaid confirms it or them in writing.

2. PRICES
Unless specified otherwise by Kleenmaid in writing, prices do not include delivery
charges or installation.

3. GST
All prices include GST.

4. TERMS OF PAYMENT

4.1. Payment must be made directly to Kleenmaid in full without set-off,
deduction or discount other than as stated in the relevant Order, invoice or
statement.
4.2. Payment must be made in cash or cleared funds on receipt of Order.
4.3. If the Order relates to more than one item with different delivery dates then
the provision of clause 4.2 apply to each item.

5. DEPOSIT

If You pay a deposit of not less than 25% of the full purchase price for the Goods
in the Order then:

5.1. purchase of the Goods for the price stated in the Order will be held firm by
Kleenmaid but only if you pay the balance of the purchase price for the Goods
in full within 30 days of the Order; and
5.2. if you do not pay the balance of the purchase price for the Goods in full
within 30 days of the Order then:

5.2.1. neither the availability of the Goods nor the purchase price stated in
the Order will be held firm; and
5.2.2. You will, on request, be entitled to a refund of the amount of the
deposit paid by You less an administration charge equivalent to 1.5%
of the total purchase stated in the Order.

6. STORAGE
Kleenmaid will only hold ordered Goods for a maximum of thirty (30) days. If
You wish Kleenmaid to store any ordered Goods for longer than thirty (30) days
then you must pay Kleenmaid’s storage charge after thirty (30) days. Kleenmaid
will invoice the storage charge on a monthly basis. The storage charge will be
payable by You in addition to the purchase price for the Goods.

7. DELIVERY

7.1. Delivery and availability dates are estimates only, but Kleenmaid will use its
best reasonable endeavors to maintain the estimated date of delivery.
7.2. Delivery does not include installation of the Goods.
7.3. Delivery does not include removal or disposal of any appliances that the
Goods replace. You will be responsible for any such removal and disposal.
7.4. Kleenmaid will notify You of the applicable delivery charge payable by You
in addition to the purchase price.
7.5. If the Order relates to more than one item, Kleenmaid reserve the right to
deliver the Goods by instalments.
7.6. Any failure on Kleenmaid’s part to deliver an instalment of Goods within any
specified time does not entitle You to repudiate the Contract with regard to
the remaining undelivered Goods.

8. OWNERSHIP AND RISK

8.1. Ownership of the Goods remains with Kleenmaid until the purchase price has
been paid in full.
8.2. You do not have title to the Goods until You pay for them in full.
8.3. Risk of loss or damage of the Goods passes to You on delivery.

9. INSPECTION AND RETURN

9.1. If any of the Goods are faulty, You must notify Kleenmaid within seven (7)
days of delivery otherwise You will be deemed to have accepted the Goods in
good order and condition.
9.2. Goods which are not in good order or condition on delivery can only be
returned to Kleenmaid if:

9.2.1. they are accompanied by, or are in their original packaging; and
9.2.2. prior written return authorisation has been obtained from Kleenmaid.

10. NO CANCELLATION OF ORDERS

You agree that:
10.1.You cannot cancel, modify or defer any Order; and
10.2.Kleenmaid will not allow a credit or return of the Goods.

11. WARRANTIES AND GUARANTEES

11.1.Kleenmaid warrants for a period of two (2) years from the date of delivery
that:

11.1.1. the Goods will be supplied in an undamaged condition; and
11.1.2. the Goods will be free from defective materials and workmanship.

11.2.Subject to clause 9, if You discover any defect in the Goods or a wrong
delivery has occurred, You must immediately notify Kleenmaid in writing of
the defect or incorrect delivery. You must not carry out any remedial work to
the Goods that are alleged to be defective without first obtaining Kleenmaid’s
written consent to do so otherwise all Kleenmaid warranties will be voided.
11.3.The warranty in clause 11.1 does not cover:

11.3.1. consumable such as filters, vacuum cleaner bags or glass breakage due
to impact; or
11.3.2. damage caused by improper installation, use, accident, neglect, abuse,
water ingress or power variations or failures.

11.4.All warranties are void if the Goods have not been installed by a licensed or
properly qualified tradesperson such as a licensed plumber, electrician or gas
fitter.
11.5.Except for the consumer guarantees imposed by the Act, the provision of any
other act or law implying terms, conditions, guarantees and/or warranties
which might otherwise apply to or arise out of the Contract in relation to the
Goods are hereby expressly negatived and excluded to the full extent
permitted by law.
11.6.You expressly acknowledge and agree that You have not relied on, and
Kleenmaid is not liable for any advice given by Kleenmaid, Kleenmaid’s
servants, agents, representatives or employees in relation to the suitability of
the Goods for any purposes.

12. COMPANY’S LIABILITY LIMITED

12.1.You acknowledge and agree that:
12.1.1. none of Kleenmaid’s employees, representatives or agents may make,
and You have not relied on any representation, warranty or promise in
relation to the Goods other than as contained in these Terms;

12.1.2. You have determined that the Goods are fit for the purpose for which
you require them; and
12.1.3. You have not relied on Kleenmaid’s skill and judgment in selecting
the Goods.

12.2.Kleenmaid is not subject to, and You release Kleenmaid from any liability
(including but not limited to Consequential Loss and Damage) arising from
any delay in delivery or defect or fault in the Goods to the full extent
permitted by law.
12.3.If any statutory provisions under the Act or any other statute apply to the
Contract then, to the extent to which Kleenmaid is entitled to do so,
Kleenmaid’s liability under the statutory provisions is limited, at Kleenmaid’s
option, to:

12.3.1. replacement or repair of the Goods; or
12.3.2. supply of equivalent Goods,
and in any case, Kleenmaid will not be liable for any Consequential Loss or
Damage or any other loss or damage and Kleenmaid’s total liability to You is
limited to the invoice value of the Goods.

13. CATALOGUES AND TECHNICAL DOCUMENTS

13.1.Particulars in leaflets, catalogues, drawings, brochures and other printed
material are illustrations only, form no part of the Contract and are not
binding on Kleenmaid.
13.2.You acknowledge and agree that:

13.2.1. all technical data supplied by Kleenmaid in relation to the Goods are
approximates only unless Kleenmaid advises otherwise; and
13.2.2. You are satisfied from Your own enquiries that the specifications of
the Goods are correct and appropriate for the purpose for which You
require them.

14. FORCE MAJEURE

Kleenmaid will not be liable for any breach of contract due to any matter or thing
beyond Kleenmaid’s reasonable control (including but not limited to transport
stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lockouts,
work stoppages, wars, riots or civil commotion, intervention of public
authority, explosion or accident).

15. WAIVER OF BREACH

No failure by Kleenmaid to insist on the strict performance by You of any of the
terms in these Terms is a waiver of any right or remedy which Kleenmaid may
have, and is not a waiver of any subsequent breach or default by You.

16. NO ASSIGNMENT

Neither the Contract nor any rights arising under the Contract may be assigned by
You without Kleenmaid’s prior written consent which is at Kleenmaid’s absolute
discretion.

17. SEVERABILTY

If a court decides that any the provisions contained in these Terms is unlawful,
invalid or unenforceable then the validity and enforceability of the remaining
provisions are not affected.

18. GOVERNING LAW

The Contract is subject to the law of the State of New South Wales.

19. DEFINITIONS

In these terms and conditions of sale:

19.1.“Act” means the Competition and Consumer Act 2010 (Cth).
19.2.“Consequential Loss or Damages” means any loss or damage of any indirect
nature including loss of profits, revenue, use or opportunity, re-installation
costs, removal costs or any remote, incidental, exemplary or punitive
damages.
19.3.“Contract” means the agreement between the Kleenmaid and You for the sale
and purchase of Goods.
19.4.“Goods” means all goods sold by Kleenmaid.
19.5.“GST” means the Goods and Services Tax imposed by A New Tax System
(Goods & Services Tax) Act 1999 (Cth) and any related act and/or
regulations.
19.6.“Kleenmaid” means Compass Capital Services Pty Limited ABN 96 138 245
525 trading as Kleenmaid.
19.7.“Order” means the order provided by You to Kleenmaid for the purchase of
the Goods.
19.8.“Terms” means these terms and conditions of sale.
19.9.“You” means the person or entity whose name and address appears on the
Order as the purchaser of the Goods.