Terms & Conditions

1. Payment, Credit & Price

  •   1.1  The customer shall pay for the goods in Australian currency.
  •   1.2  The customer must pay for all the goods on or before the due date stated on invoices issued by Sunny Group (Aust) Pty Ltd.
  •   1.3  All invoiced amount mus be paid by their due dates without deduction and set-off by the customer.
  •   1.4  Interest is charged on amounts outstanding after their due date at the interest rate payable for judgement debts of the District Court of New South Wales.
  •   1.5  Sunny Group may withdraw any credit or limit the amount of credit extended to the customer at any time.
  •   1.6  The customer must pay GST and any other applicable taxes on the goods.

2. Delivery

  •   2.1  Sunny Group will deliver the goods to the delivery address as specified by the customer in the order.
  •   2.2  The customer shall pay for the cost of delivery, unless stated  otherwise in the quotation.
  •   2.3  If the goods are sold ex-Sunny Group store, the custoemr must at its own risk and cost, collect the goods within a reasonably time.
  •   2.4  Delivery is complete when the goods are unloaded from the delivery vehicle. Unloading of goods will be at the customers' cost and risk.
  •   2.5  Customer representative must be present at the delivery addressat the time the goods are delivered. The representative must sign the delivery advise the driver of the delivery vehicle presents.
  •   2.6  Sunny Group may deliver the goods even if customer's representative's not present.
  •   2.7  If Sunny Group fails to deliver a portion of the goods by the estimated date or to deliver at all, the customer is not entitled to terminate and refuse deliver of the balance of goods.

3. Warranty and Liability

  •   3.1  Within warranty period, Sunny Group will only be liable for replacement warranty for all its products supplied by Sunny Group are proved to be manufacture default. Sunny Group will not be liable for any other related cost/losses such as labour costs or any other losses as stated in paragraph 3.2a&b.
  •   3.2  Sunny group warrants:

                 a. for a period of 12 months from the date of delivery, that the goods will be free from defects in material and workmanship, except defects normally regarded as being commercially acceptable; and

                 b. Subject to paragraph 3, that the goods will conform to the description as stated in the quotation.

  •   3.3  Except as set out in paragraph 3.2 and 3.4, Sunny Group (Aust) P/L :

                 a. excludes all conditions and warranties in relation to the goods whether imposed or implied by any statute or otherwise; and

                 b. will not be liable for any loss, damage, injuru including loss of profits and consequential loss, arising from the condition, supply of use of the goods. or out of Sunny Group breach of performance, whether or not caused by             Sunny Group negligence.

  •   3.4  These terms includes terms implied by any statue which cannot be lawfully exclueded including those implied by Division 2 of the Trade Practices Act and, if applicable, the Fair Trading Act (NSW), and the Sales of goods Act (NSW0. These terms specifically excludes the Sale of goods (Vienna Convention) Act (NSW). In relation to the supply of goods and services which are not a kind ordinarily acquired for personal domestic or household use or consumption. Sunny Group liabilty for breach of those terms (other than section 69 of the Trade Practices Act) will be limited, at its option, to any or more of:

                 a. in the case of goods, the replacement, repair and paymentof the cost of replacement or repair of the goods;

                 b. in the case of services, supplying the services again or payment of the cost of having the services supplied again. 

  •   3.5  The customer acknowledges that it has exercised independent skill and judgement in acquiring the goods and has no relied on any advise or representation by Sunny Group or any description, illustrations or specifications contained in any document produced by Sunny Group which have not been stated expressly in these terms. 
  •   3.6  The customer will be taken to have waived any claim which it may have against Sunny Group unless:

                      a.  The customer gives Sunny Group written notice of the claim within 7 days after delivery of goods;

                      b.  Sunny Group is given a reasonable opportunity to investigate the claim.

4. Return Policy

  •   4.1  Claim regarding damaged goods must reported to Sunny Group (AUST) Pty Ltd within 7 days of delivery. After this period, no claim will be accepted.
  •   4.2  All faulty goods to be returned to Sunny Group must always be kept in original package. Without original package carton, no return will be accepted by Sunny Group (AUST) Pty Ltd.
  •   4.3  A surcharge of 25% of the invoiced amount will apply to any return not due to manufacture default.

5. Miscellaneous

  •   5.1  The waiver by Sunny Group of any provisions, or breach of any provision of these terms shall not be construed as a waiver of any other provision, or a breach of any other provision or subsequent breach of the same or any provision of these terms.
  •   5.2   Unless Sunny Group agrees in writing to the contrary, these terms prevail over the terms of the customers' order.
  •   5.3  These terms must be construed according to the laws of New South Wales. The customer accepts the non-exlusive jurisdiction of the courts of that state.
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