Terms and Conditions


CONDITIONS OF SALE

All goods purchased from the Supplier are sold subject to the following conditions which are deemed to be incorporated in any application for a trading account which has been accepted by the Supplier.
These conditions will prevail over any conditions in the customers order whether expressed or implied unless otherwise agreed by the Supplier in writing.

1) PRICES

All prices quoted are subject to alteration without notice and all goods will be supplied at the prices current as at the date of delivery by the supplier to the customer.

2) PAYMENT / ACCOUNT TERMS

Payment for goods must be in cash on placement of the order unless purchased under an approved 30 day trading account in which case payment must be made in full by the end of the following month following the month of purchase. If payment is not made by the due date the supplier may at its discretion suspend or terminate the trading account.
The Supplier will be entitled to set off against any money owing to the Customers amounts owed to the supplier by the Customer on any account whatsoever.
If the customer defaults in payment of any monies due to the Supplier then all monies owed by the Customer to the Supplier will become immediately due and payable.
The Supplier shall be entitled to charge an account keeping fee on all accounts which are unpaid 30 days after the end of the month in which goods are purchased being an amount equal to 1.33% per month of the amount overdue with a minimum fee of $5.00 per month.
Any expenses incurred by the Supplier in recovering any outstanding monies from the Customer including but not limited to debt collection agency fees and solicitor’s costs or dishonored cheque fees will be paid by the customer.
For payments made to the Supplier other than by cash, cheque or electronic funds transfer, the Customer agrees to pay an administration fee as determined by the Supplier. The fee is to be paid at the time of payment.

3) GST

In this clause the expressions “GST” “ input tax credit “, “tax invoice”, “recipient” and “taxable supply” have the meanings given to the expressions in the New Tax Systems (Goods and Services Tax) Act 1999. Conditions are inclusive of GST.
If GST is applicable on any supply made under or in accordance with these terms and conditions, the recipient of the taxable supply must pay to the supplier an amount equal to the GST payable on or for the taxable supply subject to the provision of a tax invoice.

4) DELIVERY

Cartage will be charged on all deliveries in accordance with the Suppliers current rates as at the time of delivery.
In the absence from the site of the customer or its agent, delivery will be deemed to be made at the time, date and place as advised by the carrier. The supplier shall not be liable for any loss suffered by the Customer after delivery has been made to the nominated place.
Delivery times as quoted by the Supplier are approximate only and the Supplier shall not be liable to the Customer for any delay or failure to delivery of goods whether or not outside the control of the Supplier.
The Supplier shall not be responsible for any loss or damage to goods in transit.

5) WARRANTIES AND LIABILITIES

All goods are sold subject only to the manufacturer’s guarantees and warranties, if any, and all other implied conditions and warranties in relation to the supply of goods which may by law be excluded are excluded.

The Supplier’s liabilities for a breach of a condition or warranty implied by Division 2 of Party 5 of The Trade Practices Act 1974 (other than Section 69) are limited to:
In the case of goods any one or more of the following as nominated by the Supplier:
a. the replacement of the goods or the supply of equivalent of goods.
b. the payment of the cost of replacing the goods or acquiring equivalent goods.
c. the payment of the cost of having the goods repaired: or
In the case of services either one of the following remedies as nominated by the creditor:
a. the supplying of the services again or
b. the payment of the cost of having the services supplied again

The Supplier will not be liable for any consequential loss claimed by the Customer as a result of the supply of goods as a result of any breach of this agreement by the Supplier.

The customer agrees that the Supplier is not liable for any advice or information provided by the Agents or Employees of the Supplier for any goods for a particular purpose and all such advice is at the Customer’s risk.

6) DESCRIPTION OF GOODS

The descriptions, illustrations and performances contained in catalogues, price lists and other advertisements are approximate only and by way of general description. Goods are supplied in accordance with normal industry standards of manufacture and the Supplier will not be liable to the Customer in respect of goods which comply with these standards.

7) RETURNED GOODS / CLAIMS ON THE SUPPLIER

All claims made by the Customer against the Supplier must be made in writing within fourteen (14) days from the date of the delivery.
The supplier will not be under obligation to accept goods returned by the customer and will do so only on the terms to be agreed in writing in each case and in particular all goods.
A charge for handling fee will apply for all goods accepted by the Supplier for return and the amount of the charge will be determined by the Supplier. Charges for restocking fees will be deducted from the credit amount permissible.

8) TITLE

Until full payment for the goods has been made, the Customer acknowledges and agrees that:
The ownership of the goods shall remain with the Supplier.
It shall store the goods in such a manner so the goods are clearly identifiable as the property of the Supplier
It shall comply with all reasonable demands of the Supplier concerning the manner and method by which the goods are stored.
The Supplier is to enter the customer’s premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage to retake possession of the goods and The Supplier may keep or resell any goods repossessed pursuant to above.
If the goods are resold by the customer, the customer will hold such part of the proceeds of the sale as represents the purchase price of the goods sold in a separate identifiable account as the beneficial property of the Supplier and will pay such amount to the Supplier upon request.
Notwithstanding the provision of this clause, the Supplier will be entitled to maintain an action against the purchaser for the full purchase price and the risk of the goods will pass to the Customer upon delivery.

9) IN CONSIDERATION OF THE SUPPLIER ACCEPTING THE CUSTOMER’S APPLICATION FOR A TRADING ACCOUNT:

9.1 The Customer hereby charges all their real estate wherever situated and whether now owned or acquired in the future, with payment of all monies due from time to time to the Creditor pursuant hereto.
As security for the performance of the terms hereof by the Customer ( and every person constituting the Customer if more than one) the Customer hereby charges in favour of the Creditor all of the interest of the Customer in any freehold land in Australia being the property of the Customer and agrees to deliver to the Creditor within seven (7) days of written notice from the Creditor a memorandum of mortgage in registrable form payable on demand and incorporating the covenants contained in Memorandum Q860000 registered at Land and Property Information, Sydney in New South Wales or in respect of freehold land in other jurisdiction, being property of the Customer, incorporating the covenants contained in the Creditor’s standard form of mortgage in respect of the relevant jurisdiction.

9.2 For the consideration as set forth within this agreement and to better secure the proprietary interests of the creditor and the performance of each and every obligation owed to the creditor hereunder and by way of security, the Creditor is hereby is irrevocably granted and given power and irrevocably appointed the true and lawful attorney (with the power form time to time to appoint or remove a substitute or substitutes ) of the Customer while any monies remain owing to the Customer to the Creditor herein or arising out of the provision of goods and services to the Creditor by the Customer in the name of the Customer and the Creditor to do any one or more of the following acts, matters or things:
a) The Customer irrevocably appoints the Supplier its attorney with the right to do everything which in the Supplier’s opinion is necessary or expedient to enable the exercise of any right of the Suppliers in relation to or arising from this agreement including but not limited to the granting of the security of this clause. The Supplier may appoint substitutes and otherwise delegate its rights(including the right of delegation)
b) The Supplier may exercise its rights as attorney of the Customer notwithstanding that the exercise of the right constitutes a conflict of interest or duty and the customer will ratify any exercise of a right under the power of attorney.
a) The Customer grants the power of attorney to the Supplier to secure the performance of the Customer’s obligations to the Supplier and any proprietary interests of the Supplier under this agreement.

AND the Customer hereby authorizes and consents to the creditor taking all action necessary to give effect to this guarantee including without limitation the lodgment of a caveat upon the title of the Customer’s real property.

9.3 The application (and where a corporation, all of its directors) and the guarantors, if any, agree that the Supplier may give to and seek from any creditor provider or a credit reporting agency information about our credit arrangements. We understand that this information can include any information about our credit worthiness, credit standing, credit history or credit capacity that providers are allowed to give or receive under the Privacy Act 1988. We understand the information may be used to assess an application by us for credit: to notify any other credit providers of default by us; to exchange information with other providers as to the status of this account where the applicant is in default with other credit providers and to assess the applicant’s credit worthiness.

10) PERSONAL PROPERTY SECURITY ACT – 2009 (PPSA)

10.1 The customer acknowledges and agrees that all goods sold or to be sold by the supplier to the customer under these terms constitutes a security agreement under the PPSA.

10.2 As security for payment to the supplier of all amounts owed by the customer present or future, the customer acknowledges and agrees to grant the supplier a security interest in all the customer’s present or future acquired property and the customer agrees that the supplier may register it’s security interest on the Personal Property Securities Register (PPSR) without notice to the customer.

10.3 Pursuant to section 157 of the PPSA the customer waives any right or entitlement to receive notice of the registration of any security interest (s) created on the Personal Property Securities Register (PPSR).

10.4 The customer agrees to waiver it’s rights pursuant to sections 95, 123, 129, 130, 132(4), 132(3), 135, 142, 143 of the Personal Property Securities Act (PPSA).

10.5 The customer conclusively grants the supplier the right to enter upon the customer’s property or premises without notice to the customer or any other 3rd party if the supplier has cause to exercise any of the supplier’s rights under the Personal Property Securities Act.

10.6 The customer must not allow any third party to acquire a security interest in the goods supplied by the supplier whilst they remain the property of the supplier.

10.7 The customer shall pay all costs and expenses incurred by the supplier relating to the registration and enforcement of any security interest (s) created on the Personal Property Security Register(PPSR).

The Customer hereby acknowledges:
This application form has been provided by the supplier to enable us to obtain independent legal advice and we have taken the relevant action.
We have read and fully understand the terms and conditions in this application.
The information provided is true and correct to enable the Supplier to assess the application for commercial credit.