PLASTIC
DIPS & COATINGS
TERMS AND CONDITIONS OF SALE
1.
Unless otherwise agreed in writing by the Seller, the Buyer agrees
that it will be bound by these terms and conditions if the Buyer
places an order with the Seller and it is accepted by the Seller.
The Seller is not bound by any terms and conditions contained in
any document issued by the Buyer.
2.
Once an order has been accepted by the Seller, it cannot be
cancelled by the Buyer. The supply of goods or services is subject
to availability. The Seller reserves the right to suspend or
discontinue the supply of goods or services to the Buyer. If the
Seller is unable to supply all of the Buyer's order, these terms
and conditions continue to apply to any part of the order
supplied.
3. Where a written quotation has been given by the Seller, the
selling price is the price specified in the quotation. In any other
case, the Seller's selling price is the price specified in the
price list as at the date dispatch. Unless otherwise stated, the
selling price does not include GST. The Seller may at any time
change its price list to reflect, among other things, changes in
exchange rates or the imposition of any duties levies or other
taxes and the Buyer is bound by those changes. The Seller may
charge a reasonable handling fee for all orders delivered to the
Buyer. The Buyer must accept any errors or omissions in invoicing
and, where applicable, the Buyer must accept the amended pricing
and pay the difference within the approved terms of trade.
4. Unless otherwise agreed in writing by the Seller, delivery is at
the Seller's premises. If a delivery date is specified, that date
is an estimate only and the Seller is not liable for any delay in
delivery. Time is not of the essence in relation to delivery and
the Buyer must accept delivery and pay for the goods delivered
including transport costs, if applicable, even if they are
delivered after any specified delivery date.
5. The Buyer must inspect the goods or services immediately
following delivery or completion of the services (as the case
may be). The Buyer may only return goods with the prior
approval of the Seller. The goods must be returned within
seven (7) days of the date of delivery in an unsoiled, undamaged
and resalable condition and, where appropriate, in the original
packaging. A reasonable handling fee for and returned goods will be
charged to the Buyer. Any claim that the goods or services
are not in accordance with these terms and conditions (including if
they are defective, damaged during delivery, are short delivered or
services not as per contract) must be made at the time of
delivery/services provided or in writing to the Seller within forty
eight (48) hours after delivery of the goods/completion of the
services to the Buyer. If the Buyer fails to make a claim then, to
the extent permitted by law, the goods or services are deemed to
have been accepted by the Buyer and the Buyer must pay for the
goods or services in accordance with these terms and
conditions.
6. Unless otherwise agreed, if the Buyer has an approved credit
account with the Seller, the Buyer must pay for goods or services
ordered by the Buyer within 30 days from the end of the month of
invoicing or earlier if the approved credit limit is exceeded. The
Seller may charge an administration fee for any payments by credit
card. Time is of the essence in respect of the Buyer's obligation
to make payment for goods or service supplied by the Seller to the
Buyer.
7. If the Buyer does not make any payment by the due date, exceeds
it’s credit limit at any time, commits any other material breach of
these terms and conditions or an insolvency event in respect of the
Buyer arises or is reasonably suspected by the Seller, the Seller
may (without limiting any other right or claim it may have against
the Buyer) do any or all of the following:
a) charge the Buyer interest calculated on a daily basis on any
portion of the Buyer's account that is overdue at the Westpac
Banking Group's reference rate for business loans available to
prime commercial customers plus 5% calculated from the date the
payment was due until the date payment is made (both dates
inclusive);
b) vary or withdraw any approved credit limit and/or terms of
trade;
c)
cancel or suspend any unfilled orders or cease providing the
services;
d)
terminate any contracts between the Seller and the Buyer and demand
immediate payment of any money due and outstanding under those
contracts;
e)
cancel anyrebate, discount or allowance due or payable by the
Seller as at the date of the event;
f)
enter (at any time) any premises in which the Seller's goods
(including any merchandising materials) are
stored,
to enable the Seller to inspect the goods and to reclaim possession
of the goods without liability for
the
tort of trespass, negligence or payment of any compensation to the
Buyer whatsoever;
g)
lodge a caveat or other similar instrument over any property of the
Buyer; or
h)
institute any recovery process as the Seller in its discretion
decides at the Buyer's cost and expense
8. If any part of an invoice is in dispute, the balance
will remain payable and must be paid when due. The Buyer has no
right to set-off any claim against the Seller from moneys owing to
the Seller.
9.
Goods supplied by the Seller to the Buyer are at the Buyer's risk
immediately on the earlier of delivery to the Buyer or into the
Buyer's custody, including its carrier or forwarder. The Buyer must
insure the goods at its cost from delivery of the goods until they
are paid for in full against such risks as are usual or common to
insure against in a business of a similar nature to the
Buyer.
10.
Property in the goods supplied by the Seller to the Buyer does not
pass to the Buyer until those goods have been paid for in full. In
the meantime, the Buyer takes custody of the goods and retains them
only as fiduciary agent and bailee of the Seller. Until goods have
been paid for in full:
a) to the extent possible, the Buyer must store the goods in a
manner that shows clearly they are the property of the Seller,
maintain records relating to the goods, secure the goods from risk,
damage and theft and ensure that the goods are kept in good and
serviceable condition.
b) the Buyer may, sell the goods, in the ordinary
course of its business, but only as fiduciary agent of the Seller.
The buyer must not represent to any third party that the Buyer is
acting in any capacity for or on behalf of the Seller and the Buyer
has no authority to bind the Seller to any contract or otherwise
assume any liability for or on behalf of the Seller. The Buyer
receives all proceeds (including any proceeds from insurance
claims) in trust for the Seller and must keep the proceeds in a
separate bank account until all liability to the Seller is
discharged
c) if the Buyer uses the goods in some manufacturing or
construction process of its own or of a third party, the Buyer must
hold in trust for the Seller that part of the proceeds of the
manufacturing or construction process as is equal to the amount
owing by the Buyer to the Seller at the time of receipt of the
proceeds.
11.
To the extent permitted by-law, these terms and conditions exclude
all other conditions, warranties, liabilities or
representations in relation to the goods and /or
services. Where legislation implies in these terms and conditions
any condition or warranty that cannot be excluded or modified, the
liability of the Seller for a breach of any such condition or
warranty is limited at the Seller's option to any one or more of
the following:
a) In the case of goods:
i.
replacement of the goods or the supply of equivalent
goods;
ii.
payment of the cost of replacing the goods or of acquiring
equivalent goods, by credit to the Buyer's account, in cash or by
cheque at the Seller's discretion; or
iii.
repayment of any part of the purchase price of the goods which has
been paid by the Buyer, by credit to the Buyer's account, in cash
or by cheque at the Seller's discretion.
b)
In the case of advice, recommendations, information or services by
supplying the advice recommendations, information or services
again.
12. The Seller is not liable for any loss or damage of any kind
whatsoever and howsoever arising, including (without limitation)
any indirect or consequential loss (including without limitation
loss of profit, loss of revenue, loss of contract, loss of goodwill
or increased cost of workings), arising out of or in connection
with the supply of goods or services, even if due to the negligence
of the Seller or any of its employees or agents.
13.
The application of the United Nations Convention on Contracts for
the International Sale of Goods (known as the Vienna
Sales Convention 1980) is excluded
14. If
any provision of these terms or conditions is unenforceable,
illegal or void, that provision is severed and the other provisions
of these terms and conditions remain in force.
15.
The Seller may amend or vary these terms and conditions by
notifying the Buyer in writing of the amendment or
variation.
16.
The laws of Australia apply to these terms and conditions and any
account opened in the name of the Buyer. The parties irrevocably
submit to the jurisdiction of the appropriate court convenient to
the Seller in respect of any claims, proceedings and matters
arising out of or in respect of these terms and
conditions
17. The exemptions, limitations, terms and conditions in these
terms and conditions shall apply whether or not any loss or damage
is caused by negligence or actions constituting fundamental breach
of contract.
Additional Terms & Conditions:
| (a) |
All
sales are subject to the Standard Terms and Conditions of Sale of
Plastic Dips & Coatings, which are available on request from
our office. |
| (b) |
Recommended
list price is a guide only. |
| (c) |
All
prices quoted in Australian ($A) currency.
|
| (d) |
All
prices subject to 10% GST, unless otherwise specified
i.e.
Export Sales
|
| (e) |
Prices
quoted are FOB Monto warehouse, unless otherwise
specified.
1) Please provide your
nominated carriers contact details when placing all orders.
2) Where no carrier is
nominated transport charges will be added to invoice.
3) Please note ALL prices
are quoted F.O.B. our warehouse and 'ALL' Insurance Cover from this
point remains the responsibility of the
Purchaser/Customer. |
| (f) |
When
on-forwarding goods, Transport and Dangerous Goods Documentation is
required for all deliveries. Please ensure you are familiar
with the requirements and adhere STRICTLY to ALL policy
guidelines. |
| (g) |
All
components supplied by Plasti Dip International, unless otherwise
specified. |
| (h) |
All
prices per unit, per colour or product. |
| (i) |
Re-packaging
or re-labelling prohibited without manufacturers or Plastic Dips
& Coatings written authorization. |
| (j) |
These
Commodities, Technology or Software were exported from the United
States in accordance with the Export Administration
Regulations. |
| (k) |
Product
Specifications and Prices subject to change without prior
notification. |
| (l) |
Credit
or account facilities are at the discretion of Plastic Dips &
Coatings |
Account Application forms are available on application or from our
website.
|
If
credit is granted trading terms are STRICTLY 30 DAYS FROM END OF
MONTH OF DATE OF INVOICE. NO STATEMENT WILL BE
ISSUED
NEW ACCOUNTS may be required to pay COD for initial deliveries.
Non-payment
within specified terms may result in;
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