We ship our products Australia wide using TNT Express. Freight costs are influenced by the size and weight of the product and your location, shipping costs are calculated in the shopping cart and will be added to the order total before checkout.
Orders are dispatched within 2 business days and shipping times are estimated between 3-7 days depending on your location within Australia.
Currently this site does not accept international orders please contact us on +61 (0)7 5530 1099 or by our website enquiry to discuss your order.
Fixtech Pty Ltd is committed to providing exceptional customer service and high quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. Standard delivery times are between 3-7 business days; in the event that an item is not in stock or we are able to fulfil your order we will notify you within 2 business days to arrange an alternative product, a backorder or a full refund.
Please choose carefully. Fixtech Pty Ltd does not give refunds if you simply change your mind, make a wrong decision or over order. You can choose between a refund or credit where goods are deemed to be faulty, have been wrongly described, are different to the product purchased on the website or doesnt perform in the manner described.
Fixtech Pty Ltd is dedicated to keeping your details private. Any information we collect in relation to you, ie kept private and strictly secured. We do not pass on/swap/sell any of your personal details with anyone. We use this informtaion to identify your orders and provide you with your order.Fixtech Pty Ltd uses cookies to allow you to login to your account, maintain a shopping cart and to purchase items in your shopping cart. Cookies sent to your from Fixtech Pty Ltd only last while you are browsing our website. We do not store persistent cookies on your computer.
Whenever you use our website, or any other website, the computer on which the web pages are stored needs to know the network address of your computer so that it can send the requested web pages to your internet browser. The unique network address of your computer is called its "IP address" and is sent automatically each time you access any website.
We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalise an order you wish to make. After completing the form provided, your IP address, your IP address will be stored with the transaction number that allows us to track your order.
When Purchasing from Fixtech Pty Ltd your financial details are passed through a secure server using at least 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is aproximated to take at least one trillion yeasr to break, and is the industry standard. if you have any questions regarding our security policy please contact us
FIXTECH PTY LTD PRODUCT WARRANTY
Fixtech Pty Ltd ABN 48 096 399 361
FIXTECH PRODUCT WARRANTY
This Product Warranty is made by Fixtech Pty Ltd (ACN 096 399 361) (Fixtech)
Period of warranty: 1 year after completion of the work on each individual job where adhered with Fixtech adhesive sealants, is fully covered under FixTech Pty Ltd product liability insurance.
This Warranty document does not take precedence over the Fixtech Conditions of Sale document, which needs to be signed as part of your Credit Application. This is typical for all our approved customers and is to be read in conjunction with these Conditions of Sale.
1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The benefits given by this warranty are in addition to other rights and remedies which you may have under a law in relation to the goods or services to which the warranty relates and this warranty document does not limit any rights you may have under the Australian Consumer Law with respect to the consumer guarantees except to the extent permissible by law.
2. Fixtech Warrants that the products delivered by them are suitable for the agreed application and that the products comply with the properties embodied in the product descriptions, Technical Data Sheets (TDS), and Material Safety Data Sheets (MSDS), already provided by Fixtech, attached to this Warranty and also accessible through the website www.fixtech.com.au.
3. To the maximum extent permitted by law, this Warranty will not apply if detachments or other defects in the work carried out occur as a consequence of a faulty building structure, an inferior substrate, inferior workmanship or the application of loads that exceed the potential of the products capacity, or that occur while the buyer or the buyers clients have not complied with these directions, or have followed different directions in connection with the work carried out or the use of the products, processed or otherwise, such as included in the TDS, Instructions for Use, product descriptions and application guides attached to this Warranty and also available on the Fixtech website. To the maximum extent permitted by law this warranty is valid for the product only, never for the application, and the warranty is limited to the value of the invoice of the faulty product used.
4. Subject to paragraph 1 this Warranty will not apply if it is found any cleaners having an Alkali reading of greater than pH 8 and an acid reading less than pH 4.5 were used in areas where any Fixtech products are located, this also applies where cleaners made from and including citric based cleaners.
4.1 We recommend:
- The use of Teakseal Teak Cleaner for routine deck maintenance. If Teakseal Teak Cleaner is unavailable please contact Fixtech Pty Ltd for suitable alternative cleaners.
- A pH and compatibility test of any and all cleaners used in the routine maintenance of your boat that may come into contact with your Teak deck and/or its Caulking.
- The deck is kept wet and not allowed to dry out during the cleaning process.
- Compatibility tests to ensure cleaner suitablility.
4.2 We Do Not Recommend:
- The use of 2 part cleaners containing high pH alkali's or low pH acids
- Cleaners containing chemicals such as, but not limited to Oxalic Acid, Sodium Hydroxide, Caustic Soda, Bleach, Hydrochloric Acid, Phosphoric Acid, dishwashing soaps and detergents or clothes washing soaps and detergents.
- Do not use oils, Teak oil or replica Teak oils on the deck and its caulking.
5. Subject to paragraph 1 this Warranty is based on and limited to the state and knowledge of the relevant technology on the date the products are delivered. Furthermore, the warranty will only apply if the buyer properly stores the products, regularly inspects and stock rotation maintenance is performed to ensure product fit for purpose is always supplied. All the relevant Technical Data Sheets (TDS) and Material Safety Data Sheets (MSDS) are attached to this Warranty and are also available freely on the Fixtech website to down load or refer to when required. If periods and/or frequencies and or climatic conditions or storage conditions are mentioned in relation to the products, as referred to in the TDS, product descriptions and application guides or as shown on the Fixtech website these periods and/or frequencies or conditions must be strictly complied with.
6. Subject to paragraph 1 the customer will notify Fixtech in writing of any damage to the products caused by delivery at the time of delivery. If product received is damaged due to transport then customer has 7 days to file a claim for the damaged goods. This claim must be supported by notification of the damaged product on the delivery docket if this damage is not noted on the delivery docket no claim is possible. The customer will no longer be able to exercise the right to claim if Fixtech is notified more than 7 days after the delivery of the goods (if the shipment originates in Australia, and 14 days if the shipment originates from outside Australia).
7. To the maximum extent permitted by law and subject to paragraph 1 Fixtech will be released from its obligation under this warranty as soon as the period of Warranty has lapsed for each specific job and where no notification was sent within the said period. The supplier/distributor/Buyer will keep a record and notify Fixtech in writing through fax or email of every job/application where Fixtech products have been used, including but not limited to the customers name, applicator's name, location, date products supplied, products used and corresponding batch number for each and every job including square meter of the job, temperature and humidity on the days it was applied.
8. The occurrence of any product damage received or potential warranty claim or any warranty claim against Fixtech does not give the customer the right to defer his obligations to pay pursuant to the agreement. Fixtech is not obliged to perform if and as long as the customer has not complied with all its obligations including that Fixtech is in receipt of cleared funds and other monies owing at the invoice agreed price, irrespective of whether these obligations arise from the agreement or are the result of any other arrangement.
9. Subject to paragraph 1 fulfillment of the warranty obligations by Fixtech will not lead to a period of Warranty being extended or renewed.
Period of Warranty: 1 year after completion of the work on each individual job where adhered with Fixtech
10. This warranty also extends to the supplier/distributor/buyer reselling Fixtech products to third parties or makes them available to third parties then the supplier/distributor must also take on the responsibility of passing onto the third parties Fixtech literature including but not limited to Fixtech TDS, MSDS, product descriptions and notification to the third parties that access to the before mentioned literature is also available on the Fixtech Web Site to ensure correct information is given to the Third Parties.
11. The supplier/distributor and buyer also acknowledges that the Company is not in the business of supplying services and that any advice or other information provided by Fixtech or any of its employees is done so gratuitously.
Process of a Claim:
In order to make a claim under this Product Warranty you must contact Fixtech by email or telephone and provide proof of purchase and tell Fixtech where you purchased the product from, the date of purchase and the product's batch number.
Arrangements will then be made for a Fixtech representative to professionally examine the product.
A qualified representative if close by or a Fixtech representative must attend the complaint and professionally examine all the details of the compliant, along with photographs recording times and dates of each event, as well as time spent, and any batch number references.
Samples if any may be gathered for further evaluation and no comment must be made on the site of the complaint.
All Information must be complied in a report along with samples and sent to all parties, the customer, and Fixtech Pty Ltd. Any tests will be performed if required, and through analysis a professional evaluation if more information is required this will be gathered and finally a result is given.
If, in the opinion the complaint is well founded, that is the Fixtech product was found to be faulty at installation Fixtech will - at its own discretion
Hand over the claim to IC Frith its insurance company to handle the claim through its Product Liability Insurance for settlement.
If the product is not found to be faulty then we can not be held liable under this Product Warranty.
Party "B" should ensure all it's contractors have an up to date "Insurance Policy" before allowing any installation work to commence. If the applicator does not have an Insurance Policy Fixtech will not be held partly responsible and be asked to pay for good will or any kind or off set payment to assist Party"B" should the need arrise. The applicators "Insurance Policy" is designed to cover any liability issues that may arise due to resulting damage caused by the faulty workmanship, and is the responsibility of the customer to enforce all applicators have this insurance.
In summary: If the product is proven to be faulty then Fixtech will refund the supplier/distributor/buyer the amount paid for the product and make a claim under its Products Liability Policy. If the problem lies with the actual application of the products then Fixtech will not bear any costs.
Fixtech Pty Ltd - PO Box 568, Southport, Queensland 4215, Australia. Phone +61 7 5530 1099, Fax +61 7 5530 1322. Email: info@fixtech.com.au
FIXTECH PTY LTD - CONDITIONS OF SALE
Fixtech Pty Ltd ABN 48 096 399 361
1. TERMS OF PAYMENT
Time for payment of the price for any Supply is of the essence in any contract. If the Seller:
(a) accepts an order, and Seller has not agreed in writing to extend credit to the Buyer, the Buyer must pay the amount to the Seller in full on delivery of the goods or service; or (b) the Buyer shall pay in full for all Goods and/or Services supplied by the Seller by not later than 30 days from the last day of the same month following the date of the Seller's invoice statement, unless otherwise agreed in writing by the Seller.
In the event that the Buyer fails to make any payment when due, then without affecting any other provision of these Conditions or otherwise, interest shall accrue on the amount of the amount unpaid at a rate equal to 3% calculated monthly from the date payment of the unpaid amount was due. In addition, all amounts owing by the Buyer to the Seller on any account shall immediately become due and payable. The Buyer will be held liable for all cost incurred in the recovery of the debt. By accepting the Credit Agreement Owners, Partners, Directors acknowledge they are liable for any and all monies due to Fixtech by the Entity in the event that the Entity defaults on payments, irrespective of whether the Owners, Partners, Directors actually signed the application or whether an employee completed the application on their behalf.
The parties agree, in relation to the supply of Goods by the Seller to the Buyer, that a contract of sale is formed by these Terms and Conditions and any Order issued by the Seller relating to Goods if the Buyer so agrees in writing or the Buyer accepts delivery of those Goods or makes any payment for those Goods.
2. PRICES OF GOODS AND/OR SERVICES
a) The price of Goods and/or Services shall be the then current price charged by the Seller as at the date of delivery of the Goods and/or Services, subject to any increases in accordance with paragraph 2(c).
b) The price of Goods and/or Services shall not, unless otherwise stated by the Seller, include GST.
c) Unless already included in the price of Goods and/or Services, the Seller may add to the price of any Goods and/or Services:
(i) any amount which the Seller is required to pay on account of any excise duty or any charges which may be established or levied by any governmental authority (domestic or foreign) thereupon or on any part thereof or in connection therewith:
(ii) any transportation and delivery costs; and
(iii) an amount that reflects any relevant increase in exchange rates, transportation costs and the cost of labour and materials.
3. RETURNS OF GOODS
a) Goods not of merchantable quality will not be accepted for return by the Seller.
b) In respect of Goods sold which are of merchantable quality:
(i) The Seller shall be at liberty to accept Goods for return within fourteen (14) days from date of delivery. Acceptance of Goods returned for credit does not imply agreement to issue a credit note. A credit note will only be issued if the returned Goods are in original packs and found to be satisfactory by the Seller in saleable condition.
(ii) Where incorrectly ordered Goods are returned or Goods are returned outside clause 3(b) (i) above, freight will be at the Buyer's expense. Such returns will be subject to a surcharge as follows:
(1) Up to 30 days 10% of the net invoice value; or
(2) Over 30 days 15% of the net invoice value.
4. MINIMUM ORDERS
All deliveries of Goods and/or Services will be subject to a delivery charge.
5. TITLE
a) Property in the Goods shall not pass to the Buyer unless and until payment in full of all monies due by the Buyer to the Seller relating to the sale of the Goods has been received by the Seller.
b) Until full payment for Goods has been received by the Seller:
(i) the relationship between the parties shall be fiduciary and the Buyer will hold such Goods as
bailee;
(ii) the Buyer shall hold and store the Goods in such a manner as clearly identifies the Goods as
being the property of the Seller; and
(iii) the Seller may, without prejudice to any of its other rights, inspect, search for, remove and retake and resume possession of any of the Goods or any new products into which such Goods have been incorporated and, the Buyer hereby grants to the Seller, its servants and agents, leave and license to enter upon the Buyer's premises, or any other place occupied by the Buyer where the Goods may be, at any time without prior notice, using reasonable force if necessary, for that purpose if:
(A) there is any breach of any of these Terms and Conditions of Sale or any other contract between the Seller and the Buyer; or
(B) the Buyer takes any action that could result in his being made bankrupt or an arrangement under Part X of the Bankruptcy Act 1966 is invoked against the Buyer or the Buyer is wound up or is placed under official management, or a receiver, or a receiver and manager, or a voluntary administrator is appointed in respect of the Buyer its undertaking or property or any part thereof, or an encumbrancer, by itself or by an agent, take possession of the Buyer's undertaking or property or any part thereof; or
(C) the Buyer parts with possession of the Goods or any of them otherwise than by way of sale to a Buyer in the ordinary course of its business.
d) If the Goods or part thereof, or any new products into which the Goods have been incorporated, are sold by the Buyer, the Buyer shall hold so much of the proceeds of such sale as equals the unpaid price payable to the Seller, in a separate account, on trust for the Seller. The Seller has a right to trace the proceeds of any such sales in accordance with equitable principles.
e) If the Goods have been incorporated into a new product, the Seller shall be entitled to sell such new product at such price as the Seller in its discretion may decide and to retain so much of the proceeds of sale as is equal to the unpaid price payable to the Seller.
f) The Seller may recover the price of the Goods by action, and may apply to wind up or bankrupt the
Buyer, if the Goods are not paid for within the Seller's usual credit terms, not withstanding that property in the Goods has not passed to the Buyer.
g) These provisions apply notwithstanding any arrangement under which the Seller provides credit to the Buyer. To the extent that there is any inconsistency, these provisions prevail.
6. BUYER'S INSPECTION
The Buyer shall inspect all Goods and/or Services upon delivery of the Goods or completion of the Services, as the case may be, and shall report in writing to the Seller within 30 days of the date of delivery any alleged defects in the Goods and/or Services with details of the relevant invoice number and a description of the alleged defects. Unless Goods and/or Services are so rejected within that 30 day period, such Goods and/or Services will be deemed to comply with any specification of the Buyer.
7. SELLER'S LIABILITY
a) The Buyer must use the Goods, howsoever acquired, in accordance with any instructions or directions provided by the Seller.
b) The Seller will not be under any liability in respect of any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of any technical advice or assistance given or rendered by it to the Buyer whether or not in connection with the manufacture, preparation or supply of Goods and/or Services to the Buyer, provided that the Seller has provided such technical advice or assistance with due care and skill.
c) Where any applicable legislation implies any term, condition or warranty into the relationship between the Seller and the Buyer or into these Terms and Conditions of Sale or a contract of sale between the Seller and the Buyer in relation to the sale or supply of Goods and/or Services, or otherwise gives the Buyer a particular remedy against the Seller and that legislation or any legislation avoids or prohibits provisions excluding or modifying the application of, or exercise of, or liability under, such term, condition, warranty or remedy, then that term, condition, warranty or remedy shall be deemed to be included in these Terms and Conditions of Sale, or, as the case may be, apply to that relationship.
Fixtech Pty Ltd - PO Box 568, Southport, Queensland 4215, Australia. Phone +61 7 5530 1099, Fax +61 7 5530 1322. Email: info@fixtech.com.au
?FIXTECH PTY LTD - CONDITIONS OF SALE Fixtech Pty Ltd ABN 48 096 399 361
7. SELLER'S LIABILITY (comtinued)
To the maximum extent permitted by law, however, the Seller's liability for any breach of such term, condition or warranty or under such remedy, shall be limited, at the Seller's option, in any one or more of the ways permitted by that legislation including, where so permitted:
(i) if the breach relates to any Goods, to
(A) the replacement of those Goods or the supply of equivalent goods;
(B) the repair of those Goods;
(C) the payment of the cost of replacing those Goods or acquiring equivalent goods; or
(D) the payment of the cost of having those Goods repaired; and
(ii ) if the breach relates to any Services to:
(A) the supplying of those Services again; or
(B) the payment of the cost of having those Services supplied again.
d) If there is any inconsistency between the express terms of these Conditions and any term, condition, warranty or remedy deemed to be included in these Conditions pursuant to sub-clause 7(c), that term, condition, warranty or remedy shall prevail to the extent of the inconsistency.
e) The descriptions, illustrations and other material contained in any catalogue, price list, brochure, leaflet or other material provided by or on behalf of the Seller shall not form part of these Conditions or any contract between the Seller and the Buyer for the supply of Goods or Services and shall not amount to any representation or warranty (whether collateral thereto or otherwise), nor shall the use of such material constitute a contract of sale by description. All Goods and Services supplied by the Seller shall be in conformity with the Seller's standard commercial specifications at the time of supply, subject to the Seller's right without notice to incorporate such minor modifications thereto as it thinks fit or any modifications of whatever nature necessary to comply with any relevant law.
8. RISK
Risk in Goods shall pass to the Buyer immediately upon delivery of the Goods by the Seller.
9. FORCE MAJEURE
The Seller shall not be liable as a result of delay in performance or of non-performance caused by
circumstances beyond its control, including but not limited to acts of God, fire, explosion, flood, machinery or equipment breakdown, accident, war, Government action, riots, strikes, lockouts, shipping delays or delays by suppliers or contractors due to causes beyond the control of those suppliers or contractors.
10. ACKNOWLEDGEMENTS
The Buyer acknowledges that:
(a) it has not relied on any representations made by the Seller as to the suitability of the Goods for any specific purpose; and
(b) it is its responsibility to make its own enquiries and investigations as to the suitability of the Goods for any particular purpose.
11. SEVERANCE OF CONDITIONS
If it is held by a court of competent jurisdiction that:
a) any part of these Conditions is void, voidable, illegal or unenforceable; or
b) these Conditions would be void, voidable, illegal or unenforceable unless any part of these Conditions was severed from these Conditions, that part will be severed from and will not affect the continued operation of the remainder of these Conditions.
12. CONDITIONS TO PREVAIL
Subject to sub-clause 7(d) these Conditions constitute the terms and conditions upon which the Seller will supply Goods and/or Services to the Buyer and take precedence over any terms and conditions that may be contained in any Order or in any other document or elsewhere.
13. DEFINITIONS
In these conditions:
"Buyer" means any person who has placed an Order with the Seller or requests a Quotation from the Seller. "Conditions" means these terms and conditions of sale, as amended by the Seller from time to time.
"Goods" means any goods requested by the Buyer in an Order.
"GST" means a Goods and Services Tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature. "Order" means any order placed by a person for the supply of goods and/or services by the Seller.
"Seller" means FixTech A.C.N.0 96 399 361.
"Services" means any services requested by the Buyer in an Order.
14.WAIVER
No waiver by the Seller of any breach by the Buyer of any of the terms and conditions contained in these Conditions shall be effective unless given in writing and no waiver shall be construed by the Seller as a waiver by the Seller of any subsequent breach of the same or any other terms or conditions of these Conditions by the Buyer.
15. GOVERNING LAW
These Conditions shall be governed by and construed in accordance with the laws in force in the State of Queensland, and the Seller and the Buyer submit to the jurisdiction of the courts of that State.
16. PERSONAL PROPERTY SECURITIES ACT
The Buyer acknowledges that these Conditions constitute a security agreement for the purposes of section 20 of the Personal Property Securities Act 2009 ("PPSA") and that a purchase money security interest exists in all goods (and their proceeds) previously supplied by the Seller to the Buyer (if any) and in all in future goods (and their proceeds).
The Buyer will execute documents and do such further acts as may be required by the Seller to register the security interest granted to the Seller under these standard terms and conditions under the PPSA.
Until ownership of the goods passes, to the extent permitted by law, the Applicant waives its rights to receive any notices or statements under Part 4 of the PPSA. The Buyer further agrees that where the Seller has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply.
Until ownership of the goods passes, the Buyer must not give to the Seller a written demand or allow any other person to give the Seller a written demand requiring the Seller to register a financing change statement under the PPSA or enter into or allow any other person to enter into the register of personal property securities a financing change statement under the PPSA.
The Buyer acknowledges that it has received value as at the date of first delivery of the goods and has not agreed to postpone the time for attachment of the security interest (as defined in the PPSA) granted to the Seller under these Conditions.
The Buyer irrevocably grants to the Seller the right to enter upon the Buyer's property or premises, without notice, and without being in any way liable to the Buyer or to any third party, if the Seller has cause to exercise any of the Seller's rights under section 123 and/or section 128 of the PPSA, and the Buyer shall indemnify the Seller from any claims made by any third party as a result of such exercise
Fixtech Pty Ltd - PO Box 568, Southport, Queensland 4215, Australia. Phone +61 7 5530 1099, Fax +61 7 5530 1322. Email: info@fixtech.com.au
