Licensed
Firearm Dealer 576-478-30F
Karingal
Centre
Vic 3199
Australia
0412 219 138
03 9789 7219
E-mail: info@acme-firearms.com.au
Website: www.acme-firearms.com.au
Business Name
Acme
Firearms
Postal Address
PO
Box 7258
Karingal
Centre
Victoria 3199
Australia
Copyright
© 1998-2012 Klaus von zum Hof t/as Acme Firearms
All material on this website is protected by Australian
Copyright law.
Material appearing on this website is by kind permission of the
original copyright owner.
If you wish to publish, copy or print material from this website,
you need written permission by applying to info@acme-firearms.com.au
Trade Mark
Words : ACME FIREARMS PRECISION
QUALITY ACCURACY
Device : PARALLELOGRAM,DIVIDED
Is a registered trade
mark.
Terms and
Conditions of Sales
The purchaser acknowledges that until his total debt to Acme
Firearms is discharged he holds the goods sold as bailee of Acme Firearms and
that a fiduciary relationship exists between Acme Firearms and the
purchaser. In the event that the
purchaser sells the goods to the purchaser's customers before payment in full
for the goods has been made the purchaser in a position fiduciary shall:-
·
Assign to Acme Firearms the benefit of any claim against such
customers.
·
Account fully to Acme Firearms for the proceeds of the sale of
the goods sold or any part thereof until the purchaser's total debt to Acme
Firearms is discharged.
Goods and
Services Tax and Government Imposts
The prices offered are inclusive of GST. Should Government Imposts
become applicable they shall be for the purchaser's account at actuals.
International
Sales
A minimum purchase value of $AUD1500.00 is required for
international sales. Acme Firearms does
not export firearms, accessories or ammunition.
Terms of Payment
Unless otherwise stated in the offer, prices are strictly net.
Any payment due to Acme Firearms shall be made in full not later
than fourteen (14) days after date of invoice. Acme Firearms reserves the
right to deliver and invoice any item of items compromising the whole or part
of any order. If delivery is delayed as
a result of circumstances beyond the reasonable control of Acme Firearms, then
fourteen (14) days after notification by Acme Firearms that the goods, or part
thereof are ready for delivery, payment of 50% of the contract price applicable
to the goods or part thereof referred to in the notice of delivery, shall fall
due and be paid, the balance becoming payable on delivery or within one (1)
month of the date such notification, whichever is the earlier. Should the purchaser delay in respect of any
payment due to Acme Firearms then Acme Firearms shall have the right, in
addition to all other rights to which Acme Firearms is entitled at law, to
charge interest on the overdue amount at a rate of 12% per annum in excess of
the interest rate prescribed by the Westpac indicator lending rate for
overdrafts above $AUD100,000.00 calculated from the
date of the invoice to the date the actual date of full and final payment. Any
payment by the purchaser shall be credited first against any interest so
accrued and the balance of payment if any shall be applied in reduction of the
outstanding balance of the contract price.
The extension of credit facilities is in any case at the discretion of
Acme Firearms and is subject to confirmation of the receipt of an order however
in any event Acme Firearms retains the right to withdraw credit facilities at
any time prior to delivery without further notification.
Dishonoured Cheque Fee
A dishonoured cheque fee of $AUD55.00 shall be payable by the
purchaser for any dishonoured cheques. An administration fee for the
resubmission of the invoice shall also be payable. Additionally, an
interest charge may also become payable as per the terms of payment. No further credit shall be available until
payment in cash, EFT or money order is received. Debt
collection may commence within 14 days of notifying the purchaser.
Goods returned for Credit
Goods shall be accepted for credit only by prior agreement or to
the extent that they have been wrongly or over supplied. Returned goods shall
be delivered to Acme Firearms free of charge, in original order and condition,
unused and in the original packaging, accompanied by a dispatch note stating
the original invoice number, date of supply and reason for return. Except where
goods have been wrongly or over supplied, a charge as determined by Acme
Firearms shall be made for handling costs.
Goods made to special order cannot be returned or credited unless not to
specifications or otherwise not in accordance with any expressed or implied
term of the contract.
Shortages
in Delivery
Claims for shortages in delivery shall only be accepted by Acme
Firearms if Acme Firearms is notified in writing within ten (10) days of
receipt of the goods.
Delivery of Goods
For delivery of goods to the purchaser, Acme Firearms shall use
a cost effective delivery method unless instructed in writing by the purchaser
to use a specific carrier. Once the goods have left the control of Acme
Firearms; Acme Firearms shall not be responsible for any damage or loss
arising from the use of any carrier.
Insurance of Shipped Goods
Acme Firearms shall not be responsible for insurance cover on
any shipment. Some carriers provide limited insurance as part of their terms
of trade. Any claim shall be subject to the carrier’s terms and
conditions. All claims for damage or loss shall be directed to the
nominated carrier.
Warranty
Manufacturer’s warranty shall make good by repair or by replacement
within a reasonable time after notification by the purchaser, defects which
appear in the goods arising from faulty design, material or workmanship
provided always that such goods have been properly handled and used and have
been operated and maintained in accordance with instructions issued and such
defects (whether apparent or not) occur within a period of:-
·
14 days after the goods have been delivered or
·
14 days from the date of notification of readiness for dispatch
Whichever period first expires and Acme Firearms is notified in
writing within seven (7) days of alleged defect occurring and the purchaser has
stated, proof and date of purchase.
Where in accordance with the foregoing, the purchaser has notified Acme
Firearms of an alleged defect, he shall if Acme Firearms so requires promptly,
and at his own expense and risk, return the defective part(s) to Acme
Firearms. The removal of a
defective part and the installation of any repaired or replacement
part may be performed by the purchaser at his own expense. Where any
defective part(s) has been replaced such part(s) shall become the property of
Acme Firearms. Acme Firearms shall not
be liable for goods of a consumable nature such as ammunition and cleaning
components or where any unauthorized repair or alteration to the goods has been
performed by the purchaser or others.
This express warranty is in lieu of any other rights that would
otherwise be conferred on the purchaser under any Law save that this express
warranty does not exclude any conditions or warranties implied into this
contract by the provisions of the Trade Practices Act or by any other Federal
or State Laws to the extent that such condition or warranties may not be
excluded by express agreement.
Liability
of Acme Firearms
Acme Firearms shall not be under any liability whether in
contract, tort or otherwise from any cause whatsoever, whether occasioned by
negligence or otherwise, for any injury, damage or loss, including
consequential damage or loss whether to persons or property, arising out of
this contract or the goods and services supplied pursuant hereto including
any defects therein or anything connected therewith or with repair or
replacement or any other work related thereto.
When
Purchaser is a Consumer
If the basis of a contract is such that the purchaser is a
consumer as defined in the Trade Practices Act or in any other Law of the
Commonwealth (or any State or Territory) of Australia, the purchaser’s rights
shall be governed by the provisions of the said Act or any such Law to the
extent that such liability may not be excluded by express agreement. If liability may not be excluded by express
agreement and where the goods to be provided by Acme Firearms are not of a kind
ordinarily acquired for personal domestic or household use or consumption, then
the liability of Acme Firearms for a breach of a condition or warranty implied
by the Trade Practices Act (other than a condition or warranty implied by
Section 69) shall be limited to the repair of the goods, or, at Acme Firearms
option, the replacement of the goods or the supply of equivalent goods.
Consignment of Goods
Vendors shall submit a Certificate of Registration or
receipt of purchase for consigned goods, as proof of ownership. The term "consigned goods"
shall be defined as a "firearm including any fittings and
accessories as offered for sale" and includes magazines, bolts,
adaptors, swivels, slings, sights, mounts, weights, cleaning gear, cases or
bags and ammunition; or any additional spare parts. During the term of the consignment
period for firearms the Vendor shall remain a licensed firearms
holder. Should the Vendor become unlicensed or the goods unregistered
for any reason whatsoever, they shall forfeit ownership of the consigned goods to
either Acme Firearms or Victoria Police. Victoria Police may seize
or confiscate any goods in the course of their duties, subject to the Firearms
Act 1996. Acme Firearms may store
the consigned goods during the consignment period and make them
available to prospective Buyers; and may handle consigned
goods for the purpose of exhibiting them.
Any consignment fee shall be payable to Acme Firearms at the time
of sale. The consignment fee shall be immediately deducted from any
sale proceeds or deposits and are non-refundable. A consignment fee is payable if Acme Firearms
has not sold; or the Vendor withdraws the consigned goods prior
to being sold. Acme Firearms may also withdraw the consigned
goods from sale, at any time, and the Vendor shall retrieve the
consigned goods within 7 days or storage fees shall apply. A consignment shall not be withdrawn from
sale if a purchaser has paid a deposit.
If the purchaser is unable to complete the transaction in
a reasonable amount of time as determined by Acme Firearms, the Vendor or Acme
Firearms may withdraw the consigned goods from sale. If
the purchaser withdraws from the sale or is unable to complete the
transaction; Acme Firearms shall refund the deposit less consignment fee
to the purchaser. If
the Vendor withdraws the consignment from
sale, the Vender shall take possession of
the goods within 24 hours. Storage fees shall be applied
for goods still possessed by Acme Firearms after the
24-hour period expires. Licensing Services Branch shall be notified of
the storage arrangements of any firearms/goods still possessed by Acme
Firearms, six days after the 24-hour period expires. Unpaid storage fees, due after 180 days shall
be entirely forfeited to Acme Firearms. All goods forfeited to Acme
Firearms shall become the unencumbered property of Acme Firearms.
Vendor withdrawn consignments may be readvertised for
sale. A consignment fee shall be payable in advance from the Vendor and shall
be non-refundable.
Safekeeping
Safekeeping by Acme Firearm means the act of keeping goods safe
in a locked and protected area. Some
goods which are delivered to Acme Firearms may require to be kept locked in a
safe or protected area until retrieved by the purchaser. Any goods and firearms including their
separate parts, kept for safekeeping by Acme Firearm are subject to a storage
fee and the terms of storage.
Storage Fees
Our schedule of Storage fees is posted on our website and can be
viewed by following the link here. Storage fees must be paid in full prior to
the collection of any items jointly or severally. Any goods with an unpaid storage fee due, of
more than 180 days shall be entirely forfeited to Acme Firearms. Goods forfeited to Acme Firearms shall
immediately become the unencumbered property of Acme Firearms.
Terms of Storage
All goods kept for safekeeping are subject to a storage
fee. Storage fees commence immediately
upon receipt of the goods. Goods stored must be clean and free of
contaminates. Goods should be stored in
their original packing box supplied by the manufacture for optimum storage
protection. Goods may be wrapped in
plastic by Acme Firearms to contain the spread of mould and other contaminates. Any contaminated or unstable goods or their
packaging may be disposed of by Acme Firearms without notice.
Firearm Transfer Fees
The fee to transfer ownership of a firearm is $AUD25.00 and
applies when two parties transfer ownership of a firearm. Either party must deliver the firearm in
person onto our counter top at our trading address, with a valid Permit to
Acquire. On completion of the transfer,
the firearm is immediately taken from our premises by the other party. Any firearm left on the premises for
safekeeping shall incur a Storage fee.
Firearm Transfer Fees for Interstate Transactions
The fee to transfer ownership of a firearm is $AUD25.00 and
applies when two parties transfer ownership of a firearm. A Storage fee is applied to any firearm or
their separate parts which requires safekeeping during the transaction
period. The Storage fee is separate to
the firearm transfer fee. The majority
of firearms delivered to our premises require safekeeping for a brief period. A minimum storage fee of $AUD10.00 is applied
when a firearm is retrieved within 14 days.
International
Importation of Firearms into the State of Victoria
Acme Firearms shall act as
your nominated firearms dealer should you wish to import firearms into the
State of Victoria from overseas. A fee
of $AUD330.00 is payable to Acme Firearms per shipment for the first firearm up
to and including five firearms, thereafter $AUD110.00 for each additional
firearm within the same shipment. Customers must arrange and make payment for
all costs to import the goods into the State of Victoria. Acme Firearms shall arrange the necessary
importation certificates, customs brokerage, customs clearance; cartage and
collection of the goods from the freight forwarders at the customer’s
expense. Firearms shall be transferred
to the customer upon receipt of a valid Permit to Acquire, for all firearms
within the shipment, at the one time.
Customers should insure all goods against loss or damage prior to
appointing Acme Firearms as their nominated firearms dealer. The customer assumes all risk and loss when
they arrange the importation of goods into Australia.
Terms of Trade
Our terms of trade are subject to change from time to
time. For the latest terms of trade please contact Acme Firearms for a
copy.
Pricing
Listed prices are current at time of publication and are subject
to change without notice. Contact Acme Firearms to confirm pricing prior
to placing any order. All prices
are in Australian Dollars unless otherwise indicated and include a 10%
Goods & Services Tax (GST).
GST may not be applicable to purchasers outside of Australia.
Quotations
Quotations issued for goods that are held in stock are valid for
a maximum of 30 days. Custom Orders and
Imported Goods may be subject to change prior to the expiry date of the
quotation.
Imported Goods
Imported goods may be subject to changes by Australian and
Foreign Government policies and non-government agencies. Imported goods are subject to
alteration. In case of force majeure
such as fire, damages of storm, etc. or with strikes and lockouts with Acme
Firearms and our suppliers any delivery times confirmed in writing may be
exceeded or we may withdraw our delivery engagements. Claims of compensation from the purchaser
because of non-respected delivery times or non-deliveries are excluded without
any exception. Imported goods may be
subject to fluctuations in the foreign exchange rate. All prepayments and deposits up to the total
value of the offer are subject to change until the delivery date of the
goods. Acme Firearms may cancel
importation of goods at any time and refund up to 100% of prepayments and
deposits to affected purchasers.
Custom Orders
A prepaid non-refundable deposit of 30% shall apply for custom
made goods, prior to being ordered by Acme Firearms. Custom made goods are specially made to order
items or goods that are deemed to be such by Acme Firearms. Custom made goods shall be marked as such on
any invoice or quotation issued. Should
the purchaser change or cancel the custom order after it has been lodged, any
additional charges incurred shall be paid by the purchaser.
Re-stocking Fee
A re-stocking fee of 15% shall apply for all invoiced goods
returned to Acme Firearms.
Legal Construction
The contract shall be construed and operate in conformity with
the laws of the State of Victoria which is hereby deemed to the proper Law of
the Contract.