STANDARD TERMS AND CONDITIONS OF SALE
• The conditions of sale set out below shall apply to all contracts for the supply of goods or services (“supply”) made with Spray Booth and Waste (SAW) Pty Ltd (“the Supplier”) and in the event of conflict or inconsistency between these conditions and those which may be included in, or implied by, any document forming part of an inquiry, specification, order or contract then these conditions shall prevail except in so far these conditions are expressly varied by the Supplier in writing or otherwise by law.
• The Supplier quotation does not constitute an offer to sell or oblige the Supplier to sell, and the Supplier reserves the right to accept or reject any order. Notwithstanding the prior acceptance of any order, the Supplier may refuse to compete that order without payment of compensation or damages if the Purchaser becomes insolvent or is placed into liquidation (whether voluntarily or otherwise) or if an application is made for the winding up of the Purchaser or execution is levied against any of the goods and chattels of the Purchaser.
Where a Receiver/Manager or Administrator is appointed the Directors must advise the Supplier in writing within 1 working day. Furthermore all of the Suppliers stock within the Purchasers control will be immediately returned to the Supplier in accordance with clause 14 below.
• Any variation or termination of an order will only be binding upon the Supplier if accepted by the supplier in writing as a condition of acceptance, the Supplier may require the payment by the Purchaser of damages suffered by the Supplier and arising out of such variation or termination.
• All prices are subject to change without notice and all orders are made by the Purchaser and accepted by the Supplier on the condition that they will be invoiced at the prices ruling at the date of dispatch. All prices are strictly net unless otherwise stated.
• All prices for imported goods quoted are based upon F.O.B price of the Suppliers source and the rates of exchange, freight, insurance and customs or Primage duty ruling at the date of quotation. The quoted prices may be varied by the same amount by which the Suppliers actual costs have been varied as a result of any change in the said rates.
• Unless otherwise stated, all prices include packing in accordance with the Suppliers standard practice, but other packing requested by the Purchaser and all costs incurred in connection with the delivery of the products to the Purchaser will be charged for in addition to the price.
• All amounts expressed or described by the Supplier, unless otherwise stated, do not include goods and services tax, other taxes, import duties or other levies or tariffs, freight or insurance charges which, if applicable, will be an extra charge.
• Times given for delivery or installation are stated in good faith but are not to be treated as a condition of the sale. The supplier takes all care but no responsibility in regard to wrongly delivered goods, late deliveries or late installation. The Supplier will change over at its cost goods that have been wrongly delivered. No claim shall be made by the Purchaser on account of wrongly delivered goods and/or late delivery however caused. Late delivery or installation shall not constitute a breach of this contract by the Supplier and the purchaser shall not be entitled to cancel the contract because of late delivery. At the point of order receipt the supplier may quote a delivery date or time, however this is understood to be an indication only, and cannot be relied upon. Furthermore any delay in delivery or installation shall not excuse or relieve the Purchaser from his obligation to accept or pay for the products.
• The Supplier reserves the right to deliver and/or install the products in stages and goods thus delivered or installed shall be deemed to have been sold under a separate contract. Failure to deliver or install any stage shall not entitle the Purchaser to repudiate the contract.
• If the product to be delivered and/or installed is part of a blanket order, the agreed prices set forth in the order shall only apply if the quantities delivered and/or installed are in accordance with minimum delivery stipulations set out in the order, or where no minimum delivery and/or installment stipulations are specified the Supplier's standard prices for the quantity delivered or installed as current at the time delivery and/or installation, shall apply.
• Goods offered ex stock by the Supplier are subject to prior sale.
• Risk passes to the Purchaser upon the dispatch of the products and the Purchaser bears the risk of loss or damage in transit
• If the purchaser neglects, fails or refuses to accept delivery of the products or any part thereof, the Supplier shall be entitled to present invoices to the Purchaser for payment and, at it's option to arrange suitable storage of such products at its premises or elsewhere and all costs of and incidental to such storage including the cost of storage insurance, demurrage, handling and other charges shall, in addition to the price, be paid by the Purchaser to the Supplier upon demand.
• Notwithstanding that the products shall be at risk of the Purchaser, property in and title to the products shall remain with the Supplier as legal and equitable owner pending cleared payment in full of all moneys due under this contract or in respect of any other debt owed by the Purchaser to the Supplier. The Purchaser acknowledges that the Purchaser is in possession of such goods as bailee for the seller pending payment in full. In case of non payment, the Purchaser hereby grants to the Supplier an irrevocable authority to recover possession of the products and for that purpose to enter, by itself or its duly appointed servants or agents, upon any premises upon which the products are located. The supplier may then resell the goods and retain the proceeds of such sale. Any shortfall shall be a debt owed by the Purchaser to the supplier.
• All invoices are strict net 7 days, unless otherwise agreed in writing by the Supplier and payment in full on or before the last day of the month following the month in which the products were invoiced.
• If default is made in the payment of any moneys due and payable to the Supplier, the Purchaser agrees to pay to the Supplier in addition to any such money interest on the amount in default at a rate 3% above the rate for the time being prescribed under the Penalty Interest Rates Act 1983 computed from the date upon which those moneys became due and payable until the date on which they are paid in full, such sum not being a penalty, but a genuine predetermined estimate of damage in those circumstances. Payment will be credited first against interest accrued.
• Products can be returned to the Supplier and the price therefore credited to the Purchaser but only if:
• The purchaser, within 7 days after the receipt of the products, notifies its reason for return of the products to the Supplier.
• The Supplier agrees to accept the return of the products.
• The products together with, the delivery docket showing the Supplier authorisation reference number are returned to the Supplier within 7 days after the receipt by the Purchaser of the products.
• The Purchaser accepts liability for and pays to the Supplier handling charge equal to 20% of the invoice value of the products returned to the Supplier.
• Unauthorised returns will be reconsigned to the Purchaser freight collect.
• No warranty is offered by the Supplier and the liability of the Supplier for a breach of a warranty implied by statute (other than the liability of the Supplier where the products are a kind ordinarily acquired for personal domestic or household use or consumption) shall be limited to the repair of products or, at the Supplier's option, the replacement of the products of the supply of equivalent products, and unless agreed to in writing the Supplier does not warrant the products supplied in regard to life or suitability.
Claims for faulty goods must be advised to the Supplier in writing within 30 days from installation. Faulty products must be returned for evaluation or where the Supplier accepts in writing that this is not possible, to provide detailed installation details together with installation locations so that an on-site assessment can be conducted no later than 60 days from installation date.
• Except as may otherwise be provided by law, the Supplier shall not be under any liability whether in contract, tort 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 products supplied pursuant thereto including any defects therein or workmanship thereof.
• A minimum order value of $100.00 applies and the minimum order quantity per line item that the Supplier will accept is indicated in the Supplier's price lists or schedules current from time to time.
• This contract shall be governed by the law in force in the state of Victoria . Each party submits to the non-exclusive jurisdiction of the courts of Victoria
• Whenever a Purchaser makes a claim or requests the Supplier's employee to inspect an installation where the Supplier's product has been wrongly alleged to be faulty and is confirmed, then the Purchaser hereby agrees to compensate the Supplier at an hourly rate of $65.00 plus travelling time and travelling costs.
• The Purchaser agrees immediately to advise the Supplier of any change in ownership of Directors in writing. In the case of a Purchaser where this advice is not forthcoming and the customer continues to purchase, the Supplier will be automatically released from any obligations or claims that may arise.
• All legal charges incurred by the Supplier in regard to action taken to obtain payments that are overdue will be born by the Purchaser |
