Terms & Conditions of Sale
Blue Tongue Industries / Ionic Systems Australia
- GENERAL
All orders are accepted on the terms, conditions and exclusions herein contained. These terms, conditions and exclusions (either taken as a whole or in part or individually) shall not be varied, nor shall their application to any other order be excluded or limited in any way whatsoever, except as agreed by us in writing. Any additional work will be charged at our standard rates unless such work is included in a Contract. - PRICE
Prices quoted or invoiced are those ruling at the date of the quotation or invoice or as shown in our list, and shall be subject to revision if increases in costs or other circumstances arise. Prices quoted formally on a written quotation, invoice shall include GST. Prices quoted for countries outside Australia will be subject to local import duties and GST. - TERMS OF DELIVERY
a) Dates for delivery are given in good faith and as accurately as possible, but are not guaranteed. We shall be under no liability whatsoever for any delay in performance of any order by reason or in consequence of force majeure or of any matter or thing outside our control including but not limited to labour troubles, civil commotion, natural catastrophe, government restriction, shortage of supplies or customers instructions or lack of instructions. We shall have the right to despatch any portion of the goods ordered and we shall be entitled to invoice the customer for such dispatched portion so that for the purposes of payment each portion shall be deemed to be a separate contract and may be invoiced separately. Should the customer notify us of inability to receive or store goods ordered or should the customer fail to give us adequate delivery instructions when required or fail to collect goods sold ex-works, the goods will be stored at the customers risk and expense. We shall be entitled to manufacture the goods immediately upon receipt of the customers written order or as soon thereafter as we see fit, irrespective of any date which may be specified for delivery thereof.
b) Unless we otherwise agree in writing our carriage paid terms will be charged to the Buyer at our discretion, which will be quoted via one of the top five freight forwarders.
- PROPERTY IN GOODS
a) Until ISA/BTI has been paid in full by the Buyer for goods supplied by ISA/BTI, such goods remain the property of ISA/BTI although the risk therein passes to the Buyer at the time of delivery (subject to the provisions in Clause 3(a) herein relating to storage of goods at the customers expense), and the Buyer shall indemnify ISA/BTI against any loss or deterioration thereof or damage thereto, and without prejudice to any other remedies, ISA/BTI may repossess those goods at any time from the Buyer, and for that purpose ISA/BTI, its agents and servants may enter any premises upon which the goods are situated.
b) In the event of the Buyer re-selling any goods delivered to it by ISA/BTI before ISA/BTI has been paid in full, such part of the proceeds of such resale as are equivalent to the price at which the goods were invoiced to the Buyer by ISA/BTI shall be held by the Buyer on trust for ISA/BTI and shall be placed by the Buyer in a separate account so as to be identifiable as being in the beneficial ownership of ISA/BTI. Further, the fact that property in the goods remains ISA/BTI until the price has been paid in full shall not prevent ISA/BTI from maintaining an action against the Buyer for the price of the goods. - NOTIFICATION OF LOSS OF, OR DAMAGE TO, OR NON-DELIVERY OF GOODS
Claims for damage to or loss of goods in transit must be submitted in writing both to us and to the carrier (if appropriate) as follows:-
a) In the case of non-delivery of the whole of any consignment or of any separate packaging forming part of consignment – within 21 days of the date of despatch shown on the invoice or advice note (whichever is the earlier).
b) In the case of damage or partial loss of the goods or shortages from packages – within three days of delivery. The goods received must have been signed for as damaged or incomplete. Failing which we shall not be liable in respect of any such claim and the goods shall be deemed to have been delivered in accordance with the contract complete and in a satisfactory condition.
c) In no case shall ISA/BTI liability in respect of claims for damage to or loss of goods in transit extend beyond an obligation either to repair or replace free of charge any such goods or (the election to be ISA/BTI alone) to pay to the Buyer up to the invoice price of the goods in respect of which a claim is made, and in neither event shall ISA/BTI be liable for consequential loss, damage or expense howsoever arising. - PAYMENT
Unless otherwise agreed in writing, payment shall be made at the net invoice value, without any deductions, within 30 days of the invoice date, or in which (if ex works) the goods were ready for collection. Failure by the Buyer to make punctual payment shall entitle us to suspend any outstanding deliveries, or to cancel the contract so far as it remains unperformed at our option, and without prejudice to our rights to claim for the price of goods already delivered or manufactured at the date of cancellation, and for loss or injury occasioned thereby. - WARRANTY AND EXCLUSIONS.
a) We undertake that the goods delivered to the Buyer will be of normal commercial quality and ISA./BTI duty to the Buyer relating to the quality of the goods delivered shall be limited wholly and exclusively to the duty to deliver goods of the aforesaid quality. Save as aforesaid any warranty or conditions, statutory or otherwise, express or implied, whether oral or written as to the quality of the goods or their fitness for a particular purpose are excluded and negative.
b) The application and use of the goods is the absolute responsibility of the Buyer. Any technical and other advice, information and data provided by ISA/BTI, whether verbally, in writing or by way of trials or tests, is given without warranty and the Buyer shall be deemed to have carried out its own tests to ensure the suitability of the goods for his intended purposes and applications and the Buyer shall be deemed to have placed no reliance on any advice, information or data provided by ISA/BTI.
c) The Buyer must give to ISA/BTI immediate written notice containing full particulars of any claim that the goods are not of the proper quality to enable ISA/BTI to investigate the complaint before the remainder of the consignment of goods is used or returned to ISA/BTI. We shall not be liable for any defects in quality in the absence of such immediate notification and, in any event, our liability hereunder or in the case of any other breach of contract or misrepresentation shall be strictly limited to the invoice price of the goods proved by the Buyer to be of defective quality or to be such as to cause ISA/BTI to have been in breach of contract or guilty of misrepresentation and shall not extend to consequential loss of any kind howsoever arising.
- RETURNS / CANCELLATIONS
If the Buyer wishes to return goods where no fault or defect exists in the goods themselves (“change of mind” returns), the Buyer must first obtain a returns authorisation number (RA number) from ISA/BTI. The RA number must be clearly quoted on all correspondence and prominently displayed on the outside of the returned package(s).
Goods will only be considered for return if they are received by ISA/BTI in “as new” condition, complete with all original packaging, accessories, manuals, and documentation, and with no signs of use, damage, or missing parts. Custom-manufactured or specially ordered items (including but not limited to Van Mounted Systems and Static Systems) are generally non-returnable except at ISA/BTI’s sole discretion.
Subject to the above conditions being met, ISA/BTI may (at its absolute discretion) accept the return and process a refund. All refunds are subject to:- A minimum restocking fee of 15% of the original invoice value (excluding VAT and delivery charges);
- For custom orders such as Van Mounted Systems, Static Systems, or other specially configured/made-to-order items, a higher restocking fee of 55% of the original invoice value will apply;
- Any additional costs for parts, labour, or refurbishment required to restore the goods to “as new” condition will be added to the applicable restocking fee;
- Freight / carriage / return shipping costs are not refunded and remain the responsibility of the Buyer. The Buyer must bear all costs of returning the goods to ISA/BTI, including packaging, insurance (if applicable), and transportation charges.
- The decision to accept any return, approve a refund, or waive/modify any fees rests solely with ISA/BTI and is final. No returns will be accepted without a valid RA number, and goods returned without prior authorisation may be refused or returned to the sender at the Buyer’s expense.
- Cancellations of orders already in production or dispatched are generally not accepted. Any cancellation request must be made in writing before dispatch and is subject to ISA/BTI’s approval.
- DEPOSITS
Should the buyer cancel an order, any deposit paid in respect of that order is non-refundable. Deposits on ordering if not agreed in writing will be at a minimum of 55% of the invoiced order, unless stated otherwise on the supplied invoice. - CONTRACTS NOT ASSIGNABLE
This Contract is between ISA/BTI and the Buyer as principals, and is not assignable without our written consent. - INDEMNITY
The Buyer shall indemnify ISA/BTI against all damages, penalties, costs, and expenses, to which we may be liable as a result of work done in accordance with the Buyers specification which involves the infringement of any letters patent, registered design, propriety process or otherwise. - GOVERNING LAW
This contract shall be governed by and construed in accordance with the laws of Australia and the Buyer agrees to submit to the jurisdiction of the Australian Courts. - INSURANCE
ISA/BTI do not accept any liability for consequential loss.
Honda’s Formal Customer Relations Process
Honda engines are known for Durability, Quality and Reliability. Regardless, from time to time there
are customer enquiries or complaints related to Honda engines or our national network of repairers.
We know customer satisfaction is a high priority for your brand and to ensure the best possible
customer relations experience with any concerns related to Honda engines, we would like to explain
our approach to customer enquiries, complaints, and communications.
Honda has an established formal Customer Relations (CR) process in place to uphold the highest
service standards. Our CR team are trained to manage all customer enquiries and complaints, and as
part of this process we need to funnel all enquiries through this team. In that way, matters can be managed efficiently, effectively, and where necessary escalated to appropriate areas within Honda Australia.
Therefore, in order to expedite the resolution of any HONDA problems, it is best to lodge a case directly
with CR.
Honda Customer Relations Contact Information:
- Phone: 1300 559 846
- Email: customer.relations@honda.com.au
- Website Contact Form: https://powerequipment.honda.com.au/contactus
Abbreviations:
Ionic Systems Australia – ISA
Blue Tongue Industries – BTI