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                                    TERMS AND CONDITIONS OF SAL E     Revised: 1/12/20

 

 

• 1.1 In these Terms:

• “C o m pa n y” means [The Supplier of Goods or services]

• “C u st o m e r” means the purchaser of Goods from the Company.

• “G o o d s” means all goods sold and/or delivered by the Company to the Customer.

• “T e r m s” means these terms and conditions of sale.

• 2. Ap p li c a t i o n

• 2.1 These Terms apply to all contracts for the sale of Goods by the Company.

• 2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the

• Company unless confirmed by the Company in writing.

• 2.3 The Customer acknowledges that no employee or agent of the Company has any right to

• make any representation, warranty or promise in relation to the Goods or the sale of the

• Goods other than as contained in these Terms.

• 3 . P r i c e s

• 3.1 Prices are determined at the time of order and, prior to payment of the deposit, are

• subject to

• change without notice.

• 4. P a ym e n t

• 4.1 Payments are to be made to the Company without any deduction or discount other than

• as

• stated in these Terms or in the relevant invoice or statement.

• 4.2 100% of the invoice price must be paid when placing an order.

• 4.3 Where computer Hardware is selected by the Customer, the hardware must be paid for

• in full at the time the invoice sent.

• 4.3 The balance of the invoice price must be paid in full before delivery.

• 4.4 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 1.5%

• per

• month as from the date due for payment until payment is received by the Company.

• 5 . De li v e r y

• 5.1 The Customer must, within 5 days of being notified of their availability, collect or accept

• delivery of the Goods and pay the balance of the invoice price.

• 5.2 If the Customer fails to collect the Goods or accept delivery within 21 days of being

• notified

• of their availability, the Company may terminate this contract, keep the deposit and resell

• the Goods.

• 5.3 In addition to clause 4.4, the Company reserves the right to charge the Customer storage

• on

• goods not collected or delivered within 5 days of notification of their availability at the rate of

• $35.00 per week or part thereof.

• 5.4 The Company reserves the right to deliver the Goods in whole or in instalments, as well as

• to

• deliver prior to the date for delivery and, in such event, the Customer must not refuse to take

• delivery of the Goods.

• 5.5 Any failure on the part of the Company to deliver instalments within any specified time

• does

• not entitle the Customer to repudiate the contract with regard to the balance remaining

• undelivered.

• 6 . T i t l e

• 6.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time

• as

• the Goods have been paid in full in cash or cleared funds.

• 7 . R i sk a n d I n s u r a n c e

• 7.1 The Goods are entirely at the risk of the Customer from the moment of delivery to the

• Customer’s point of delivery or on collection, even though title in the Goods has not passed

• to the Customer at that time.

• 7.2 The Customer must, at its own expense, maintain the Goods and insure them for the

• benefit

• of the Company against theft, breakdown, fire, water and other risks as from the moment of

• delivery to the Customer and until title in the Goods has passed to the Customer.

• 8 . I n s pe c t i o n

• 8.1 Unless the Customer has inspected the Goods and given written notice to the Company

• within 2 days after collection or delivery that the Goods do not comply with the relevant

• specifications or descriptions, the Goods are deemed to have been accepted in good order

• and condition.

• 9 . C a n c e lla t i o n s

• 9.1 No order may be cancelled, modified or deferred without the prior written consent of the

• Company (which is at the Company’s sole discretion). If such consent is given it is, at the

• Company’s election, subject to the Company being reimbursed all losses, including loss of

• profits, and paid a cancellation fee (being not less than 20% of the invoice price of the

• Goods).

• 1 0 . Li m i t e d L i a b i li t y

• 10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade

• Practices Act 1974.

• 10.2 The Company is not subject to, and the Customer releases the Company from, any

• liability (including but not limited to consequential loss or damage) because of any delay in

• delivery or fault or defect in the Goods. The Customer acknowledges that the Company is

• not:

• (a) responsible if the Goods do not comply with any applicable safety standard or similar

• regulation; and

• (b) liable for any claim, damage or demand resulting from such non-compliance.

• 10.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply

• to

• the contract between the Company and the Customer (C o n t r a c t) then, to the extent to

• which the Company is entitled to do so, the Company’s liability under the statutory

• provisions is limited, at the Company’s option, to:

• (a) replacement or repair of the Goods or the supply of equivalent Goods; or

• (b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods;

• and

• in either case, the Company will not be liability for any consequential loss or damage or

• other direct or indirect loss or damage.

• 1 1 . Wa rr a n t y

• 11.1 All Goods supplied are covered by such warranties as are specified by the manufacturer

• and

• supplied subject to the product standards detailed by the manufacturer.

• 11.2 On discovery of any defect in the Goods, the Customer must immediately notify the

• Company in writing of such defect. The Customer must not carry out any remedial work to

• alleged defective Goods without first obtaining the written consent of the Company to do so.

• 11.3 The provisions of any act or law (including but not limited to the Trade Practices Act

• 1974)

• implying terms, conditions and warranties, or any other terms, conditions and warranties

• which might otherwise apply to or arise out of the Contract are hereby expressly negatived

• and excluded to the full extent permitted by law.

• 11.4 The Customer expressly acknowledges and agrees that it has not relied upon, and the

• Company is not liable for any advice given by the Company, its employees, agents or

• representatives in relation to the suitability for any purpose of the Goods.

• 1 2 . Di s pla y a n d S a m p le s

• 12.1 Any display product or sample inspected by the Customer is solely for the Customer’s

• convenience and does not constitute a sale by sample.

• 1 3 . C o n t r a c t

• 13.1 The terms of the Contract are wholly contained in these Terms and any other writing

• signed

• by both parties. The Contract is deemed to have been made at the Company’s place of

• business where an order was placed and any cause of action is deemed to have arisen there.

• 1 5 . R i g h t t o E n t e r P r e m i se s

• 15.1 In any of the circumstances referred to in clause 14, the Customer:

• (a) authorises the Company by itself, its agents or representatives at all reasonable times,

• without notice, to enter onto (with force if reasonably necessary) and to remain in and

• on any premises where the Goods are located in order to collect the Goods, without

• being guilty of any manner of trespass; and

• (b) assigns to the Company all the Customer’s rights to enter onto and remain in and on

• such premises until all the Goods have been collected.

• 1 6 . F o r c e Ma j e u r e

• 16.1 The Company will not be liable for any breach of contract due to any matter or thing

• beyond

• the Company’s control (including but not limited to transport stoppages, transport

• breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars,

• riots or civil commotion, intervention or public authority, explosion or accident.

• 1 7 . Wa i v e r o f Br e a c h

• 17.1 No failure by the Company to insist on strict performance of any of these Terms is a

• waiver

• of any right or remedy which the Company may have, and is not a waiver of any subsequent

• breach or default by the Customer.

• 1 8 . No A s si gn m e n t

• 18.1 Neither the Contract, nor any rights under the Contract may be assigned by the Customer

• without the prior written consent of the Company, which is at the Company’s absolute

• discretion.

• 1 9 . S e v e r a b i l i t y

• 19.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or

• unenforceable, the validity and enforceability of the remaining provisions are not affected.

• 20. G o v e r n i n g La w

• 20.1These Terms and the Contract shall be governed by the law and the

parties submit to the courts in respect of any dispute arising.