FIREX Terms of Sale
Welcome to the FIREX website
These Terms of Sale set out the conditions under which FIREX Distribution Australia Pty Ltd, trading as FIREX, Exite, and AMPMAX (“FIREX”, “we”, “our”, “us”) sells goods and services to approved trading account customers. By placing an order with FIREX, you (“Customer”, “you”) agree to these Terms of Sale.
1. Approved Customers
- To purchase products or services from FIREX, you must have an active FIREX trading account in good standing and be authorised to place orders on behalf of the account holder.
- We reserve the right to refuse or cancel orders if your account is overdue, on hold, or under review by our Accounts team.
2. Placing Orders
- Orders may be placed via our website, email, telephone, or in person at a FIREX branch.
- You warrant that all information provided in connection with your order is accurate, complete, and up to date.
- Orders are subject to availability. We will confirm any changes due to stock levels, lead times, or delivery charges before processing.
3. Order Acceptance
- An order is deemed accepted when we issue an Order Confirmation in writing (including by email) or when we dispatch the goods, whichever occurs first.
- We may reject an order (in whole or part) for reasons including product unavailability, account status, or incorrect pricing.
4. Pricing & GST
- All prices are in Australian dollars and exclude GST and freight unless otherwise stated.
- GST will be added at the prevailing rate on your invoice.
- Freight costs will be confirmed and added at the time of order confirmation.
- Prices are subject to change without notice but will not affect orders already confirmed.
- Any customer-specific or contract pricing agreed in writing will be applied to your account; no further discounts apply unless approved by FIREX management.
5. Payment Terms
- Payment terms are as agreed in your Credit Account Application and/or trading agreement.
- FIREX may withhold supply if your account exceeds the agreed credit limit, is overdue, or in breach of terms.
- Late payments may result in account suspension and the addition of recovery costs and interest (where permitted by law).
6. Delivery
- Delivery charges and lead times will be confirmed when your order is finalised.
- We aim for same-day or next-day dispatch where possible, subject to stock availability and freight schedules.
- Delivery times are estimates only; FIREX is not liable for delays caused by freight carriers, third parties, or events beyond our control.
- Risk in the goods passes to you upon delivery to your nominated address or collection point.
7. Product Condition & Returns
- FIREX guarantees that products supplied will be new and in saleable condition, unless otherwise agreed.
- You must inspect goods upon receipt and notify us in writing of any damage, defect, or discrepancy within 5 business days.
- Returns for reasons other than a defect will only be accepted with prior written approval and will be subject to a 20% restocking fee, which will be deducted from any credit issued.
- All returns must be in original, unopened packaging and accompanied by proof of purchase.
- All freight costs associated with returning goods are the responsibility of the customer, unless otherwise required under the Australian Consumer Law.
- If goods were collected from one of our 24/7 warehouses, they must be returned to one of our main Distribution Centres (not a 24/7 warehouse) so they can be inspected and processed.
8. Australian Consumer Law (ACL) Rights
If you are a “consumer” under the ACL, you are entitled to statutory guarantees that:
- Goods are of acceptable quality
- Goods match the description provided
- Services are provided with due care and skill and within a reasonable time
Nothing in these Terms excludes your rights under the ACL.
9. Product Suitability
You are responsible for ensuring products purchased are fit for your intended purpose. Any advice, recommendations, or technical information provided by FIREX is of a general nature only and should not replace independent professional advice.
10. Warranties
- Manufacturer warranties apply to all goods where offered.
- Warranty claims must be made in accordance with the relevant manufacturer’s warranty process.
- FIREX is not liable for any loss or damage resulting from misuse, incorrect installation, or failure to follow product instructions.
11. Limitation of Liability
To the maximum extent permitted by law:
- Our total liability for any claim is limited to the replacement of goods, resupply of services, or the amount paid by you for those goods or services, whichever is greater.
- We are not liable for any indirect, consequential, or special loss, including loss of profit, revenue, or opportunity.
12. Force Majeure
We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, strikes, supply chain disruptions, or transport delays.
13. Changes to Terms
We may amend these Terms of Sale at any time. Updated terms will apply from the date they are published on our website and will not affect existing confirmed orders.
14. Governing Law
These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of its courts.
15. Contact Information
FIREX Distribution Australia Pty Ltd
Address: 14 Distribution Place, Seven Hills, NSW 2147, Australia
Email: sales@firex.com.au
Phone: 1300 246 247
