Terms and Conditions
1. General
These terms and conditions shall apply to the exclusion of all others including any terms and conditions of the
Customer (whether on the Customer’s order form or otherwise). The customer acknowledges that these terms
and conditions embody the whole agreement between the parties and agrees to be bound by them.
2. Payment
Payment shall be made by the Customer to the Company for all goods supplied, work and labour done and
services rendered within 30 days from the date of invoice. The Customer acknowledges that time is of the
essence with regard to payment and that any breach of this term will enable the company to exercise all of it’s
rights contained herein including (but without in any way limiting it’s rights) the right to cancel further credit and
to take legal action for the recovery of all sums outstanding.
services rendered within 30 days from the date of invoice. The Customer acknowledges that time is of the
essence with regard to payment and that any breach of this term will enable the company to exercise all of it’s
rights contained herein including (but without in any way limiting it’s rights) the right to cancel further credit and
to take legal action for the recovery of all sums outstanding.
3. Interest
Should payment remain outstanding beyond the Company’s payment terms as outlined in clause 2 above, the
Customer agrees to pay interest on amounts overdue until the date of payment at a rate of 1.5% per month or
such other rate as may be notified to the Customer from time to time.
Customer agrees to pay interest on amounts overdue until the date of payment at a rate of 1.5% per month or
such other rate as may be notified to the Customer from time to time.
4. Costs
Should payment remain outstanding beyond the Company’s payment terms as outlined in clause 2, the Customer
is liable for all costs including legal costs (on a Solicitor/own client basis) and mercantile agents fees incurred by
the Company in recovering the amount outstanding.
is liable for all costs including legal costs (on a Solicitor/own client basis) and mercantile agents fees incurred by
the Company in recovering the amount outstanding.
5. Payment
1.
Goods shall be delivered to the address specified in the credit application as the address for delivery unless
otherwise agreed to in writing between the parties.
2.
Goods shall be delivered to the address specified in the credit application as the address for delivery unless
otherwise agreed to in writing between the parties.
2.
In the event that a delivery date is specified by the Customer, the Company shall use it’s best endeavours to
comply with the customer’s requests. In no circumstances will the Company be liable for any loss or damage
of any kind whatsoever in the event that it is not able to comply with the Customer’s request for delivery at a
certain time. The customer acknowledges and agrees that it will not make any claim against the company for
any loss or damage incurred as a result of late delivery.
comply with the customer’s requests. In no circumstances will the Company be liable for any loss or damage
of any kind whatsoever in the event that it is not able to comply with the Customer’s request for delivery at a
certain time. The customer acknowledges and agrees that it will not make any claim against the company for
any loss or damage incurred as a result of late delivery.
6. Claims
1.
The customer will be deemed to have accepted the goods as being in accordance with it’s order unless it notifies the Company in writing of it’s claims within 14 days of receipt of the goods.
2.
No return of allegedly defective goods will be accepted by the Company unless it has been given prior written authorization for the return.
The customer will be deemed to have accepted the goods as being in accordance with it’s order unless it notifies the Company in writing of it’s claims within 14 days of receipt of the goods.
2.
No return of allegedly defective goods will be accepted by the Company unless it has been given prior written authorization for the return.
7. Warranty
All warranties whether express or implied and whether statutory or otherwise with regard to the goods supplied
by the Company as to quality, fitness for purpose or any other matter are hereby excluded except in so far as any
such warranties are incapable of exclusion at law.
by the Company as to quality, fitness for purpose or any other matter are hereby excluded except in so far as any
such warranties are incapable of exclusion at law.
8. Change Of Ownership
The Customer agrees to notify the Company in writing of any change of ownership of the Customer within seven
(7) days from the date of such change and indemnifies the Company against any loss or damage incurred by it as a
result of the Customer’s failure to notify the Company of any change..
(7) days from the date of such change and indemnifies the Company against any loss or damage incurred by it as a
result of the Customer’s failure to notify the Company of any change..
9. Cancellation
Orders placed with the Company cannot be cancelled without the written approval of the Company. In the event
that the Company accepts the cancellation of any order placed with it, it shall be entitled to charge a reasonable
fee for any work done on behalf of the Customer to the date of the cancellation including a fee for the processing
and acceptances of the Customer’s order and request for cancellation.
that the Company accepts the cancellation of any order placed with it, it shall be entitled to charge a reasonable
fee for any work done on behalf of the Customer to the date of the cancellation including a fee for the processing
and acceptances of the Customer’s order and request for cancellation.
10. Lien
The Customer hereby acknowledges that the Company has a lien over all goods in it’s possession belonging to the
Customer to secure payment of any or all amounts outstanding from time to time.
Customer to secure payment of any or all amounts outstanding from time to time.
11. Solvency
By signing a copy of these Terms and Conditions the Directors of the Customer affirm to the Company that the
customer is able to pay it’s debts as and when they fall due, and that the Directors of the Customer will ensure
that the Company’s Terms and Conditions will be adhered to.
customer is able to pay it’s debts as and when they fall due, and that the Directors of the Customer will ensure
that the Company’s Terms and Conditions will be adhered to.
12. Jurisdiction
The proper law of all contracts arising between the Company and the Customer is the law of the State of Victoria
and the parties agree to submit to the jurisdictions of the Courts of that State.
and the parties agree to submit to the jurisdictions of the Courts of that State.
13. Title
Property in any article sold by the Company shall not pass from the Company to the Purchaser until the purchaser
has paid for the article in full and all cheques and other negotiable instruments have been cleared. The risk of
loss or damage to the article shall be entirely at the risk of the Purchaser upon delivery to the Purchaser.
If any payment for any article sold by the Company is overdue or if the Purchaser pays the Company by cheque
(in full or in part) and such cheque is not met on presentation by the Company, the Company reserves the right to
re-take physical possession of the goods in full or partial satisfaction of the debt and for this purpose the
Purchaser hereby consents to the Company or it’s agents or servants entering upon the Purchaser’s premises.
Monies owed by the Purchaser to the Company shall become due immediately upon the commencement of any
act of proceeding in which the Purchaser’s solvency is involved.
has paid for the article in full and all cheques and other negotiable instruments have been cleared. The risk of
loss or damage to the article shall be entirely at the risk of the Purchaser upon delivery to the Purchaser.
If any payment for any article sold by the Company is overdue or if the Purchaser pays the Company by cheque
(in full or in part) and such cheque is not met on presentation by the Company, the Company reserves the right to
re-take physical possession of the goods in full or partial satisfaction of the debt and for this purpose the
Purchaser hereby consents to the Company or it’s agents or servants entering upon the Purchaser’s premises.
Monies owed by the Purchaser to the Company shall become due immediately upon the commencement of any
act of proceeding in which the Purchaser’s solvency is involved.