Terms and Conditions of Trade
- Quotations and Orders
- Prices, GST, Freight and Insurance
- Trading Terms
- Risk in the Goods
- Retention of Title
- Security for Payment
In this agreement, unless the subject or the context otherwise requires “Vendor” means the supplier of goods or services and identified on the Invoice to which these terms and conditions are attached and each of us subsidiaries as defined in section 9 of the corporations Act and their agents, servants and employees,” Customer” means, the person or persons offering to contract with the Vendor on these terms and conditions; “Goods” means goods and services supplied by the Vendor to the Customer, “person” shall include a corporation, trust, partnership or other business entity. Words importing the singular include the plural and vice versa a reference to any party or other person includes the person’s successors and permitted assigns; the headings in these terms and conditions are not to affect its interpretation.
Any quotation given by the Vendor to the Customer is not an offer or obligation to sell but an invitation to treat only. A quotation is open for acceptance within the period stated in the quotation or within 30 days if no period is stated. The Vendor reserves the right to refuse any order based on a quotation within 7 days after receiving the order. By ordering Goods from the Vendor, the Customer is making a binding offer to purchase those Goods. A contract will only be formed when the Vendor notifies the customer in writing that it accepts the Customer’s offer. This contract will be on the terms and conditions embodied herein and , if applicable, in any Application for Trade Credit made by the Customer and any agreement between the parties completed at or about the time the Customer completed an Application for Trade Credit. Any terms and conditions contained in any order, offer, acceptance or document of the Customer and all representations statements terms and conditions and warranties (whether express or implied) not otherwise embodied herein are expressly excluded to the fullest possible extent.
The Vendor has made every effort to ensure the accuracy of the descriptions, illustrations and material contained in any catalogue, price list, brochures, leaflets or other descriptive matter provided by, or on behalf of the Vendor. However, any such descriptions represent the general nature only of the items described. Only where the Vendor has accepted an order for goods specified as so described or illustrated, shall this description from any order or agreement or amount to any representation or warranty. Otherwise, the use of such description will not constitute a contract of sale by description.
Unless otherwise expressly agreed in writing the price of the Goods shall be that price charged by the Vendor at the date of delivery plus the amount which the Vendor is required to pay on account of any excise, or sales, use, service, value added, goods and service tax or like taxes or any other taxes or charges which may be established or levied by any governmental authority (domestic or foreign) upon the goods or any part thereof, or the manufacture, use, sale of, supply or delivery thereof, such amount can be recouped by the Vendor from the Customer at any time. The Customer is responsible for all freight costs incurred to deliver Goods to them. In the absence of nominated carrier the Customer agrees to use the carrier chosen by the Vendor. The Vendor reserves the right to increase the amount charged on any
Invoice up to the minimum charge established by the Vendor from time to time.
Unless otherwise agreed, all amounts owing to the Vendor on account of Goods supplied to the Customer on credit are due and payable by the last working day of the month following invoice. The Customer agrees the time is of the essence in regard to all amounts due to the Vendor and the Vendor may charged interest on overdue amounts and various late payment and other collection charges established by the Vendor from time to time.
The risk of loss or damage to the Goods passes to the Customer on the date and at time the Goods are removed from the Vendor’s warehouse for the purpose of delivery to the customer.
The Vendor reserves the right to delivery Goods by installments. The Customer agrees that:
Terms of trade agreement (invoice) 0804
The Customer agrees upon request to charge with payment all monies owed and / or owing to the Vendor from time to time in favor of the vendor.
If any term or condition is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction if possible, so as to be valid and enforceable and is other wise capable of being severed to the extent of the invalidity or unenforceability, without affecting the validity or enforceability of that provision in any other jurisdiction. Any invalidity or unenforceability will not affect the validity or operation of any other provision except only so far as may be necessary to give effect to the construction of the other terms and conditions.
No waiver by the Vendor of any breach of these terms and conditions operates as a waiver of any other bra\each, and the doing and / or omission of any act, matter or thing whatsoever by the Vendor, its employees or agents (which but for this clause ought or might amount to a waiver of the Vendor’s rights in respect of any such breach or default) does not operate as a waiver in any way of the Vendor’s rights and powers in respect of such breach or default