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 agree 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 the invoice.
The Customer acknowledges that time is of the essence with regard to payment and
that any reach of this term will enable the company to exercise all of its rights
contained herewith including (but without in any way limiting its 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 all amounts outstanding
from the due date until the date of payment at a rate equal to the Company’s then
current overdraft rate as varied 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.
5. Delivery
(a) 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.
(b) In the event that a delivery date us specified by the Customer, the Company
shall use its best endeavours to comply with the customer’s requests. In no circumstances
will the Company be liable for any loss of damage of any kind whatsoever in the
event that it is not able to comply with the Customer’s requests 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.
(c) The goods will be delivered by the Company to the Customer and the Customer
will be responsible for payment of any additional delivery, packaging and handling
costs.
6. Claims
(a) The Customer will be deemed to have accepted the goods as being in accordance
with its order unless it notifies the Company in writing of its claim within 14
days of receipt of the goods.
(b) No return of allegedly defective goods will be accepted by the Company unless
it has given prior written authorisation for the return.
7. Warranty
(a) All warranties whether expressed 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 as hereby excluded in so far as any such warranties are incapable
of excluding the law.
(b) The Company warrants to the customer that products purchases will under correct
use and maintenance by free from defects due solely to faulty workmanship or materials
foe a period of 12 months from the date of delivery. The Company extend this warranty
to the extent that when duly authorised and upon return to the Company freight prepaid
the Company shall at its option give a credit, repair or supply a replacement. Any
modifications or repairs made to the product without prior written authorisation
of the Company shall invalidate this warranty. Replacement of parts shall not extend
the warranty beyond the original 12 months and no separate warranty for provided
fore such parts.
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 its 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 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 acceptance of the Customer’s order and request for cancellation.
10. Lien
The Customer hereby acknowledges that the Company has a lien over all goods ins
its possession belonging to the Customer to secure payment of any or all amounts
outstanding from time to time.
11. 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 jurisdiction
of the Courts of the State.
12. Title
Property in any article sold by the Company shall not pass from the Company to the
Purchasers 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 retake 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 its agents or servants entering
up on the Purchasers premises. Monies owed by the Purchaser to the Company shall
become due immediately upon the commencement of any act or proceeding in which the
Purchaser’s solvency is involved.
13. Goods and Services Tax (GST)
GST is only applicable to sale of equipment within Australia and will be charged
on all taxable goods and services at the rate ruling at the time of dispatch. Equipment
sold to overseas clients will be exempt of GST, but may be subject to taxes in the
country of destination.
14. Trade Approved Scales
Trade scales can only be used for trade when a trade measurement certifier has certified
them.