| 1.0 |
GENERAL:
| 1.1 |
This price list is subject to alteration without notice. |
| 1.2 |
The following are terms and conditions of sale of the goods unless the sale results from a written quotation in which case any special terms and conditions appearing on our quotation shall prevail. Where the Customer Guarantees Act 1993 applies to any supply of goods, nothing in these Terms and Conditions shall limit or affect the Customer's rights and remedies under the Act. |
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| 2.0 |
ACCEPTANCE:
Receipt of an order or instruction to proceed will be demmed acceptance by the Customer or these terms which may be varied only in writing by this Company's authorised representative and will be confirmed to the Customer within 7 working days from the date of such order or instruction. Unless otherwise stated our quotation and prices are valid for 30 days from date of quotation.
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| 3.0 |
PRICE:
The price listed for the goods is exclusive of GST unless otherwise stated. GST will be added to the net price on invoice. Any increase or decrease to the GST rate is to the Customer's account. The Company reserves the right to vary list prices without notice.
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| 4.0 |
PAYMENT:
| 4.1 |
For approved accounts, payment is due on the 30th day of the month following date of invoice. |
| 4.2 |
Where the Customer fails to pay an account or part thereof on the due date, interest shall be payable to the Company on the amount that is overdue during the period that is overdue. With respect to contracts which are subject to Victorian legislation, interest will not be charged on any regulated credit account within the meaning of applicable legislation. No interest will be charged where the Customer is a redisent of Queensland or the gaoods are delivered to a site in Queensland. The Customer shall pay the Company penalty interest equal to eighteen (18) percent per annum (or int he case of a sale that is subject to the provisions of the South Australia Credit Act, ten (10) percent per annum). Interest shall be calculated daily and the rate shall be 0.0493 percent. |
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| 3.0 |
DELIVERY:
The Company reserves the right to supply by instalments where delay in manufacture or delivery has been caused by or in any way is incidental to an Act of God, War, Internal Disturbances, Fire, Breadkdown of Machinery, Fuel or Power shortages, Strikes, Labour Disputes, Restriction of Transport facilities arising out of any cause beyond the reasonable control of the Company. The Company will make all reasonable effort to observe delivery dates, but these are only estimates.
The Company shall incur no liability for failure to observe the delivery dates and any such failure shall not entitle the Customer to treat the contract as at an end.
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| 6.0 |
OWNERSHIP AND RISK:
| 6.1 |
Ownership in the goods shall remain vested in the Company until the Customer has made payments in full for all goods supplied by the Company to the Customer, together with all interest and monies due. |
| 6.2 |
Until payment in full in terms of Clause 4 is made. |
| 6.2.1 |
All goods supplied shall remain the sole and absolute property of the Company. |
| 6.2.2 |
The Customer shall hold the goods in trust for the Company as bailee of the Company. |
| 6.2.3 |
The Customer shall store the goods on the Customer's premesis in such a manner as to make them readily identifiable as belongings to the Company and shall display such identification as may from time to time be required by the Company. |
| 6.2.4 |
If the goods are sold by the customer than all proceeds of the sale shall be the property of the Company and shall be retained in a separate account by the Customer in trust for the Company and shall not be intermingled with any other monies or paid into any overdrawn bank account and shall at all times be kept identifiable as monies held in trust for the Company. |
| 6.2.5 |
If before it becomes the owner of the goods the Customer makes new Objects from the goods or incorporates then into or with other goods those other or new goods shall be held in trust for the Company. |
| 6.2.6 |
The Customer will "on demand" (as those words are defined in the Fifth Schedule in the Chattels Transfer Act 1924) assign the Company all proceeds of sale of goods by the Customers and will upon request disclose to the Company full details of the sale and the proceeds. |
| 6.2.7 |
Where the Company has reasonable cause to believe the Customer has not strictly complied with these Terms & Conditions or that the Customer has or will commit an act of bankrupcy or (being a company) has had a receiver appointed or about to be appointed the Company may repossess any or all of the goods supplied and for such purpose may at any time day or night enter by force if necessary upon any premises where such goods are reasonably thought to be stored. |
| 6.3 |
Notwithstanding anything else herein contained, the risk in any and all goods supplied shall pass to the Customer on dispatch of the goods from the Company's premises and, in particular, the customer shall be responsible for all goods in transit and shall fully insure them. |
| 6.4 |
The Customer shall reimburse the Company for all liabilities and expenses (including legal expenses) incurred by it in enforcing or attempting to enforce any rights it has under the Clause 6. |
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| 3.0 |
ADVICE:
Any advise, recommendations, information, assistance or service provided by the Company in relation to the performance, application or appropriateness of use of the goods is given in good faith but is given without liability or responsibility on the Company's part unless provisions of the Trade Practises Act ("The Act") provide otherwise.
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| 8.0 |
WARRANTY:
| 8.1 |
The Company warrants its goods against defective materials and workmanship for a period not exceeding 10 years from date of invoice (Plastic products have a five year warranty, Electrical Products have one year) Defective goods shall at the option of the Company be either repaired or credited to the Customer's account. |
| 8.2 |
No claim shall be accepted if:
(a)Any attempt to repair the defective goods or any installation work is made by any person not authorised by the Company to affect such repairs, or
(b)The defective goods have been modified or incorrectly stored, maintained, installed or operated.
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| 9.0 |
EXCLUSION OF LIABILITY:
Without prejudice to any other provisions hereof, the Company shall be absolved from all liability or responsibility for any delay in performance or failure to perform any of obligations under the contract due to force majeure or other cause beyond the Company's control.
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| 10.0 |
CLAIMS AND RETURNS:
| (a) |
Any claim by the Customer against the Company must be made in writing within fourteen (14) days of delivery of thge goods. All claims must refer to the official invoice number and state the reason for the claim. |
| (b) |
Goods being returned must be accompanied by a written authorisation obtained in advance from the Company's representative. |
| (c) |
No freight charges for the return of goods to the Company shall be payable by the Company unless authorised by the Company. |
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| 11.0 |
TERMINATION:
The Company's agreement to continue to deliver or sell shall always be conditional upon it being satisfied of the Customer's ability to pay and comply with these conditions. If the Company ceases to be so satisfied it may suspend and or terminate deliveries and shall not be liable in any way for any claim damage expense or cost arising therefrom and all monies then outstanding by the Customer shall immediately become due and payable and recovered.
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| 12.0 |
INDEMNITY:
The Customer indemnifies the Company against any claim for damanges arising from the entry of it's delivery vehicles into the property nominated for the delivery of goods.
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| 13.0 |
SEVERANCE:
In the event that it is held that one or more of these Terms and not enforceable, the remaining Terms shall apply between the Customer and the Company.
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| 14.0 |
AVAILABILITY:
| 14.1 |
Standards Sizes - Sizes shown are standard sizes but may not be available from all warehouses or may be subject to minimum order quantities.
Please check with your local office for local availability. |
| 14.2 |
Non-Standard Sizes - Non-standard sizes can be manufactured.
Please check with your local office for lead times and minimum order quantities. |
| 14.3 |
No freight charges for the return of goods to the Company shall be payable by the Company unless authorised by the Company. |
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| 15.0 |
APPLICATION OF CONDITIONS:
All orders are accepted on the basis of these general conditions except where they are qualified by special conditions on the quotation. No representations, warranties, guarantees or other statements not contained herein shall be binding on the Company.
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| 16.0 |
LAW APPLICABLE:
This contract shall be construed and governed by the laws of Australia.
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