Terms & Conditions

TERMS & CONDITIONS OF SALES

The following terms and conditions of sale (“Terms”) will apply to and form part of any contract (“Contract”) for the supply of goods (“Goods”) and services (“Services”) by Muldell Pty Ltd T/as Fastserve Industrial Supplies (“Fastserve”) to a customer (“Customer”), whether or not there is a 30 Day Credit Account Application (“Credit Form”).

Any terms and conditions set out in the Customer’s order deviating from or inconsistent with these Terms will not bind Fasterve despite any statement by the Customer in its order that its terms and conditions shall prevail over these Terms.


  1. Purchase Orders
    • A Contract is formed when Fastserve in respect of the particular order and not in any brochure or other product information published. Prices are ex-warehouse and are subject to Goods and Services Tax (GST) where applicable.
    • Fastserve expressly rejects any conditional purchase order placed by the Customer.
  2. Quotations
    • The price is that quoted by Fastserve in respect of the particular order and not in any brochure or other product information published. Prices are ex-warehouse and are subject to Goods and Services Tax (GST) where applicable.
    • Prices given in any quotation by Fastserve are valid for a period of 30 days from the date of issue by Fastserve, unless noted otherwise in the quotation.
  3. Delivery
    • Orders are subject to delivery fees where applicable.
    • Despatch dates will be observed subject to Fastserve’ ability to effect transport by available means.
    • Fastserve in deemed to have delivered Goods when collected by the Customer or when they are made available for unloading at the Customer’s nominated delivery point (whichever occurs first).
    • Risk in the Goods passes at the pint of delivery.
  4. Payment
    • Payment is to be made on receipt of Goods, or in the case of an approved account, within 30 days following the end of the moth in which the invoice is dated or any other terms applied.
    • If not paid as aforesaid Fastserve reserves the right to charge interest at a rate of 2.5% per month on all outstanding monies dating back to the original date of invoice, plus any expenses, costs or disbursements, including debt collection agency fees and solicitors costs, and these will be paid in addition to all outstanding monies, as stated in the terms & conditions of the Credit Form.
  5. Retention of Title and PPSA
    • Whilst the risk in the Goods passes on delivery, legal and equitable title remains with Fastserve until payment in full for all debts occurred or owed by the Customer to Fastserve in relation to the Goods is received by Fastserve.
    • Until Fastserve has received payment for the Goods in full:
  6. Fastserve reserves the right enter the Customer’s premises and retake possession of the Goods, reserves the right to keep or resell any goods repossessed and reserve any other rights it may have at law (including but not limited to under the PSA);
  7. The Customer agrees to take the Goods as bailee for Fastserve; and
  8. If the Customer does not return the Goods to Fastserve within 48 hours of service of demand for a due payment, Fastserve may enter the Customer’s premises at any time to do all things necessary to recover the Goods.
    • Prior to the use or resale of Goods, the Customer shall maintain them in an identifiable condition in store or on site.
    • Until Fastserve has received payment for the Goods in full, the Customer acknowledges that Fastserve shall have a Purchase Money Security Interest which attaches over such goods and their proceeds and a Security Interest in relation to other amounts owed by the Customer to Fastserve.
    • For the avoidance of doubt, Fastserve may register its purchase Money Security Interest on th PPSR and, where reasonable, amend the registration.
    • The customer acknowledges that it must sign a Credit Form or a document incorporating these Terms and if it does not sign such a document it will be deemed to have accepted these Terms upon placing an order.
    • The Customer must not grant other person a Security Interest in respect of the Goods or allow an Excluded Interest to exist over the Goods.
    • The Customer agrees to do anything (such as obtaining consent, signing and producing documents, producing receipt and getting documents completed and signed) which Fastserve asks and considers necessary for the purpose of:
  9. ensuring that a Security Interest created under the Contract is enforceable, perfected and otherwise effective; or
  10. enabling Fastserve to apply for any registration, or give any notification, in connection with a Security Interest created under the Contract so that the Security Interest has the priority required by Fastserve, including anything Fastserve reasonably asks the Customer to do in connection with the PPSA.
    • To the extent permitted by law, if the PPSA applies, the Customer irrevocably waives any rights the Customer may have to receive notices or statements under sections 95, 121(4), 125, 130, 132(4), and 135 of the PPSA, redeem the Goods under section 142 of the PSSA; reinstate these Terms under section 143 of the PPSA or receive a verification statement (as defined in the PSSA).
    • Despite these provisions Fastserve may maintain an action against the Customer for the purchase price of the Goods and at all times risk in respect of the Goods shall pass to the Customer on delivery.
    • The Customer shall be liable for all costs associated with the exercise by Fastserve of its rights under this clause 5, which shall be repayable on demand.
  11. Warranties
    • To the extent permitted by law all implied conditions, warranties, guarantees and undertakings are expressly excluded and except as provided in this clause 6, Fastserve is not liable for any loss or damage, whether direct or indirect (including consequential losses or damage) arising out of any breach of contract by Fastserve or any negligence of Fastserve, its employees or agents and the Customer releases Fastserve from those claims.
    • If Fastserve is liable for a breach of a guarantee implied by the Australian Consumer Law of the Competition and consumer Act 2010 (Cth) (not being a condition or warranty implied by Section 64 of the Australian Consumer Law) then its liability for a breach of any such guarantee will be limited, at its option, to any one or more of the following:
  12. In case of goods:
  13. The replacement of the goods or the supply of equivalent goods:
  14. The repair of the goods;
  15. The payment of the cost of replacing the goods or acquiring equivalent goods;
  16. The payment of the cost of having the goods repaired; and
  17. in the case of services;
  18. the supply of the service again;
  19. the payment of the cost of having the service supplied again.
    • Any claim for warranty by the Customer will be considered only after the Customer returns Goods with proof of purchase to Fastserve within 7 days of delivery.
    • To the extent permitted by law, without limiting the generality of clause 6.1 and 6.2, where Fastserve contracts to install Goods, Fastserve shall not be liable for any delay in installing the Goods or for loss or damage arising out of the installation of the Goods.
    • Fastserve will not be liable for damage caused by a failed power supply. The provision and maintenance of an adequate supply will be undertaken by the Customer.
    • The Customer acknowledges that it does not rely and that it is unreasonable for the Customer to rely o the skill or judgement of Fastserve as to whether the Goods are reasonably fit for the purpose for which the Goods are being acquired or as to the fitness for purpose for which the Services are being acquired and any materials supplied in connection with those Services.
    • AuzGrip, Grip & Insize products are warranted against defects in workmanship and materials and will be repaired or replaced free of charge. This warranty in no way covers modified, abused, neglected or excessively worn products as a result of misuse or general wear and tear. Any product subject to a claim must be assessed and if the claim is accepted, the product will be repaired or replaced free of charge. In the event that the accepted product cannot by repaired or replaced, a credit will be raised for the full amount of the product. Sockets & accessories which have been used on impact guns are not covered under warranty.

Most products are covered by warranty from date of purchase with the exception of the following:

  1. AuzGrip Tools *Lifetime
  2. AuzGrip Air Tools 12 months
  3. Grip Air Equipment             6 months
  4. Grip Hydraulic Equipment 6 months
  5. Insize Products 12 months

Please Note: Consumables (knuckle joints and ratchet heads) are not covered under warranty.

The AuzGrip lifetime guarantee does not cover sockets used on impact guns, screwdrivers used as chisels or tyre levers, ratchets that have been affected by normal wear & tear, circlip plier tips, extension bars & flex handles that have been struck by a hammer or have had undue force applied by other means, Torx keys, cold chisels & pin punches, screw extractors, power & impact driving bits, power accessories & wheels from any product.

Torx is the registered trademark of Acument Intellectual Properties. LLC.

**Lifetime warranty refers to the life of the product and may vary from product to product and subject to the proper use of the produce.

  1. Returns Policy
    • Claims for shortages or incorrect deliveries must be notified within 3 working days of receipt of goods. If the Customer has nominated a carrier for the delivery of such goods, responsibility for damage or loss passes to the Customer upon delivery to the nominated carrier.
    • Any goods that have been supplies in accordance with the Customers order but which are subsequently returned will incur a 15% restocking fee and will only be credited providing;
  2. They are in saleable condition
  3. Our written agreement has been obtained
  4. The Customer meet all costs incurred for the return.
  5. The original invoice No. & date is quoted when returning goods.
    • Goods will not be credited after 14 days unless by prior agreement.
  6. Indemnities
    • The Customer hereby releases, indemnifies and defends Fastserve from and against any losses, liabilities, claims and costs caused by or arising out of the way in which the Goods are contained or made in compliance with the Customer’s design or specification.
    • There is no need for Fastserve to suffer loss or damage before enforcing clause 8.1.
  7. No Waiver

Fastserve does not waive any of its strict legal rights in respect of these Terms and shall not be bound by any waiver made by its servants and agents on a particular occasion.

  1. Severability

If any provision on these Terms is held invalid, unenforceable or illegal for any reason, these Terms remain otherwise in full force and effect apart from such provision which will be deemed deleted.

  1. Force Majeure

Fastserve will not be responsible for any delay in or failure of performance of supply or delivery caused by circumstances beyond its control including but not limited to, strikes, lock-outs, labour disturbances, Act of Government, riot, civil war, commotion, fire, flood, failure of power supply or similar event and shall not be liable for any consequential loss, damage, expense or claim suffered by the Customer or any other party as a result of and such event.

  1. Vienna Convention Excluded

The United Nations Convention on Contract for the International Sale of Goods (Vienna 1980, known as Veinna Sales Convention 1980) is expressly excluded from the contract.

  1. Agents and Employees

The Customer is bound by and liable for the actions and conduct of its agents, employees, contractors, subcontractors, officers and any other party that purports to represent the Customer or that accepts goods on behalf of the Customer, including but not limited to freight, transport and logistics services providers.

  1. Entire Agreement

These Terms contain the entire agreement between the parties on the subject matter of these Terms, and there are no other oral or written representations, stipulations, warranties, agreements, or understandings relating to the subject matter of these Terms. Any variation or modification of these Terms must be in writing and agreed by both parties.

  1. Governing Law

The laws of the State in which the relevant Fastserve company that supplied the Goods is incorporated (“Relevant State”) governs the Contract. All disputes arising hereunder will be dealt with in the courts of the Relevant State and courts hearing appeals therefrom.

  1. Definitions and Interpretation

The following definitions apply in these Terms.

  1. “Fastserve” means Muldell Pty Ltd (ACN 002 755 053) trading as Fastserve Industrial Supplies (ABN 27 002 755 053).
  2. “Excluded Interest” includes any mortgage,
  3. charge or other encumbrance over real
  4. property or personal property (tangible or intangible) that is not a Security Interest, including non-consensual liens and mortgages over real property;
  5. “PSSA” means the Personal Property Securities Act 2009(Cth)
  6. “PPSR” means the Personal Property Securities Register established by the PPSA;
  7. “Purchase Money Security Interest” has the same meaning as under the PPSA;
  8. “Registration Commencement Time” has the same meaning as under PPSA; and
  9. “Security Interest” has the same meaning as under the PPSA.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


IMPORTANT INFORMATION

  1. Fastserve means Muldell Pty Ltd t/as Fastserve Industrial Supplies.
  2. Fastserve supplies products in good faith, on the assumption that customers fully understand the loadings, safety factors, and physical parameters of the products involved. Customers or users who are unaware or unsure of any of these details should refer to Fastserve before use. Responsibility for loss, damage, or other consequences of misuse cannot be accepted. Fastserve recommends that the customer undertake suitable testing and research prior to use of products.
  3. Fastserve assumes no liability for any miss-application of any fastener or product. A miss-application of any fastener or product includes and or all of the following:

 

  • Use beyond published load limits.
  • Installation in a manner other than according to manufacturer’s instructions.
  • Use in applications not published by Fastserve.
  • Use without compliance with Local/National code regulations.
  1. Whilst this Web site gives guidance relating to the use and nature of the products and a variety of applications, the ultimate responsibility for correct selection of a product for a specific application must lie with the customer. Fastserve recommendations are made in good faith but do not constitute a guarantee.
  2. For design loads and technical information, refer to manufacturer’s design guides. Where specific products or brands or sizes are unavailable, it may be necessary to supply an alternative product of equivalent or higher in quality, or an equivalent size in the opposite of metric/imperial sizing. Where a particular brand or product or size has been selected to meet the loading and performance criteria required, only that brand or product must be used. The particular brand or product or size must be specified at the time of ordering in writing.
  3. Fastserve reserves the right, whilst preserving the essential characteristics of the products it supplies, to introduce at any time, modifications and changes considered necessary to improve the products, or to make changes for any reason of a commercial or constructive nature.
  4. Alternative items, of similar or improved finish or quality, will be dispatched it the original item in this Web site has been discontinued in favour of the similar or improved item, unless the customer specifically states that substitutes are not to be supplied.
  5. Where units of sale and pack/carton quantities are shown, orders should be placed in multiples of these quantities. Where variations occur, the quantities may be adjusted up or down.
  6. Delivery times quoted or requested may vary depending on circumstances beyond our control, and depending on courier or transport company used. Fastserve will commit to do its utmost to have these claims adhered to. Fastserve shall in no way be held responsible for any loss, either direct or consequential, resulting from any delay or failure of performance of supply or delivery.
  7. The use of products in relation to OH&S is the responsibility of the user of the products.
  8. All information stated is in addition to our current TERMS & CONDITIONS of SALE and is subject to constant review and amendment.

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DISCLAIMER

The information given in the Web Site, and all services and claims made is current during the design and publication process, but may be subject to change at any time without notification. Whilst great care has been taken to ensure accuracy in the compilation of the information contained in the Web Site, Fastserve accepts no liability for any loss or damage, with direct or consequential, arising out of, or in relation to, the use or application of the said information or products referred to herein, and Fastserve do not guarantee that goods will be suitable for any particular application; please refer to Important Information. Photographs and diagrams are for illustrative and indicative purpose only and may vary from actual products supplied. Where specific products or brands are unavailable, an equivalent or higher in quality product may be supplied. Refer to Fastserve Terms & Conditions of Sale.

**** Prices are subject to change with out notice. We suggest you check prices and relevant discounts at the time of placing an order. Prices are indicative trade prices and include GST.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

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