Terms and Conditions

Terms and Conditions of Sale


  1. Warranty

Nestvale Pty Ltd t/a SVS Australia (“SVS”) warrants all new products against defect in workmanship or material for a period pursuant to manufacturer’s warranty periods after proof of purchase dates are provided.  Warranty period is deemed from date of invoice.

  1. This warranty applies only to products that are installed and operated according to the purposes for which they were intended and designed and installed in accordance with the manufacturers written instructions.  This warranty does not extend to or cover defects fully or partly caused by abuse or misuse of equipment or damage caused by the faulty product.
  2. If any product is found to be defective upon examination by “SVS”, “SVS” will repair, replace or issue credit (the decision to be at the sole discretion of “SVS”) through the original selling dealer or direct to the purchasing customer.
  3. “SVS” will not assume responsibility for labour costs (or other additional costs) associated with the removal of the defective product, cost of equipment downtime, or any other costs associated with the failure of the product(s).
  1. Return for Credit
    1. Goods must be returned not more than 14 days after the date of invoice, at the “applicants” expense. The goods must be in original packaging and in original condition.  A restocking fee may be applied.
    2. Items ordered in as ‘Non-Returnable’ or ‘Special’ or ‘Order In’ cannot be returned for credit.
  1. Freight
    1. Unless specified in the quotation or otherwise agreed in writing the products are deemed to be delivered when the products placed at the “customer” disposal at “SVS's” place of business and all transportation is the responsibility and at the cost if the “customer”.
    2. Risk of the products passes to “the customer” on collection of the products or on dispatch.  “The customer” should insure the products for their full insurable value against loss or damage by fire, theft, accident and such other risks as “the customer” considers appropriate.
    3. All products transported to “the customer” will not be covered by insurance unless requested by “the customer” in writing.  The transit insurance will be at the cost of “the customer”.
    4. Any claims for shortage or incorrect supply must be notified to “SVS” by “the customer” within 5 working days of receipt of the products by “the customer”.  “The customer” must quote the invoice number and or other associated freight consignment numbers.
  1. Credit
    1. “SVS” reserves the right to review and vary the credit limit and terms extended to “the customer” at any time.
  1. Prices
    1. The prices shown on “SVS” invoices are recommended prices only and there is no obligation to comply with the recommendation.
    2. Prices are subject to change without notice.  Quotations expire 30 days from issue unless otherwise stated within the quotation.


  1. Title
    1. Title and ownership to all products supplied shall remain with “SVS” until the full purchase price and all other sums payable by “the customer” to “SVS” in respect of the products are paid in full.
    2. “The customer” must keep “SVS” notified of the address at which the products supplied are located.
    3. Until the products are paid for in full the relationship between “SVS” and “the customer” shall be fiduciary.  “The customer” shall hold the products as a bailee of “the company”.
    4. Until the product/s are paid for in full, “the customer” must store and identify the products in such a way as to demonstrate that they are clearly the property of the “SVS” and in particular the products must be stored separately from any other products.
    5. Until the products are paid in full “the applicant” is authorised to sell them but such right to sell shall be limited to “the customer” acting as agent for “SVS”. The agency is not to be disclosed nor shall “the customer” in any way represent to any third party that it is acting as agent for “SVS”.
    6. If the products have not been paid for in full “the applicant” must account to the “company” for the proceeds of sale.
    7. Upon a default in payment, the commencement of any act or proceeding involving “the customer” insolvency, bankruptcy, receivership, winding‐up, dissolution or placement under official management or committing any other act of bankruptcy or its equivalent if a company “SVS” may, without prejudice to any other rights it may have against “the customer”, enter the premises where any unpaid products are stored and take possession of the unpaid products.
    8. “SVS” will not be liable to “the customer” for any loss or damage arising from any action taken or attempted to be taken by or on behalf of “SVS” under this agreement for removal of the products and “the customer” indemnifies and holds harmless “SVS” and its servants or agents from and against all liability of any nature whatsoever by any person arising from or incidental to or by virtue of exercise by “SVS” of its rights under this agreement.
    9. If “SVS” takes possession of the unpaid products it retains the right to resell said item/s.
    10. A certificate signed for and on behalf of “SVS” by its secretary or a manager or director listing an inventory of all the products held in trust by “the applicant” for “SVS” shall be evidence that the products listed are held in trust by “the applicant” for “SVS” as at the date of the certificate.
    11. Without limiting “SVS's” rights “the applicant” must nominate “SVS” on any contract of insurance maintained by “the applicant”.
    12. Any costs associated in pursuing legal action for unpaid goods or the collection of unpaid goods shall be passed onto “the applicant” in full.
  1. Variation
    1. “SVS” contracts only upon the terms set out in this document which terms will prevail over any standard terms of “the customer” or any agreed terms of credit which are inconsistent with it.  Any variations or waiver must be confirmed by “SVS” in writing otherwise the variation or waiver will be of no effect.
    2. “The customer” must notify “SVS” in writing if it has relied upon any oral representations and allow “SVS” reasonable time to confirm or deny that such representation forms part of the terms of supply.  Unless it has advised “SVS” in writing to the contrary the only terms of the agreement are those set out in writing between the parties.
  1. Matters Silent
    1. In all matters silent, the absolute discretion of “SVS” shall apply for all actions/items.