AUSSIE EROSION (ABN: 44 160 335 807)
GENERAL TERMS AND CONDITIONS OF SALE
All quotations given and the acceptance of any order placed by a Purchaser with Aussie Erosion (the company) shall be deemed to include acceptance of the following terms:
1.1 Unless expressly agreed to in writing and signed by a director of the company, these conditions shall prevail over any inconsistent terms, communications or form of contract and in the event of a buyers purchase order containing or being at variance with these conditions, these conditions shall prevail.
1.2 No order shall be binding on the company until accepted by the company pending the issue of an invoice of supply.
2.1 All pricelists/quotations and catalogues remain the property of the company and their contents are strictly confidential.
2.2 Any pricelists issued by the company are subject to confirmation by the company and may be varied at any time. Written quotations shall be valid for a period of 30 days unless otherwise stated.
2.3 All prices are quoted on an ex-factory basis and are quoted in Australian dollars, unless otherwise stated.
2.4 All prices specifically exclude GST, unless stated otherwise. GST shall be charged at the rate as required by Government Legislation at the time of despatch, regardless of the rate of tax quoted at the time the company accepts the order. The purchaser shall be liable for any variation in the rate of GST.
3.Freight & Delivery
3.1 It is the purchasers responsibility to advise their preferred carrier at time of placing an order. If no carrier is specified the company will forward the goods freight collect via a freight company of the company’s choice. The risk of damage (but not title) shall pass to the buyer after the goods have been delivered to the buyer, or the buyers nominated carrier, or if no carrier is specified by the buyer, the carrier selected by the company.
3.2 The company is not responsible for goods damaged in transit and the buyer shall be responsible for insuring the goods against loss or damage during transit. All claims for damage in transport should be referred to the freight forwarder and/or the purchaser ’s insurance company.
3.3 All delivery times quoted are approximate only. We encourage customers to confirm orders, and final details of orders as early as possible. The company shall use all reasonable endeavours to deliver the goods within the original delivery time quoted but time of delivery or performance shall not be the essence and the company shall not be liable for any loss or damage howsoever suffered by the purchaser as a result of such delay.
3.4 The company shall not be liable to the purchaser for any loss or damage suffered by the purchaser of any kind which is caused by, or arises out of, or is in any way consequential upon a delay or failure to deliver the goods.
3.5 The company shall have the right to invoice the Purchaser for a partial delivery of any order.
3.6 If the purchaser fails to collect or make arrangements for delivery of the goods, or requests the company to delay delivery of the goods, after the original scheduled date for delivery, after a period of 21 days after this date, the company reserves the right to charge the purchaser a reasonable amount for storage of the goods and/or the goods shall be invoiced to the purchaser at this date.
4.1 Title in any goods supplied to the buyer shall not pass until the price thereof has been paid in full, provided that risk in the goods shall pass to the Purchaser upon delivery. Until payment is made the Purchaser shall hold the goods as bailee for Aussie Erosion and shall, if requested store them separately from any other goods.
4.2 If payment is not made pursuant to the terms hereof, or if any monies are overdue, or if the Purchaser ceases to carry on business, or commits an act of bankruptcy, or makes an assignment for the benefit of creditors, or becomes subject to an Administration order or if the Purchaser is a company, an application is made for its winding up, if any goods have been delivered, but the price not paid in full, this amount shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary. The company may also (without prejudice to any of its other rights):
a) recover and resell the goods (notwithstanding any reasonable incidental consequential loss or damage in respect of goods
which have become constituents of other goods) at its discretion and the Purchaser irrevocably authorises the company to enter any premises for that purpose.
b) cancel all existing contracts with the purchaser without any liability to the purchaser.
c) suspend further deliveries to the purchaser without any liability to the purchaser.
4.3 In the event that the goods are resold by the Purchaser before the Purchaser has paid all monies due to the company, the proceeds of such resale to the extent of the amount owing to the company shall be held in trust for the seller, and the Purchaser shall Aussie Erosion for any claims arising out of such resale.
5.Warranty and Liability
5.1 The company shall not be liable for any damages, loss of profits or goodwill nor any direct or indirect economic or consequential loss in the respect of any claims by the purchaser or any third parties in respect to non-delivery, delayed delivery or of defects in the nature of, or the quality, or the quantity of any goods provided by the company.
5.2 No Claims for credit will be recognised unless received in writing by the company within 7 days of the delivery date.
6.Terms of Payment
6.1 The price for the goods becomes due on the date of the company ’s invoice and must be paid by the purchaser within 30 days of the receipt of the goods or receipt of the goods by the purchasers nominated carrier, whichever is the earlier.
6.2 If the amount payable to the company by the purchaser on any account is left outstanding beyond the due date for payment, the company may suspend performance of its obligations under any or all contracts with the purchaser and if any goods have been delivered but the price not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
7.1 Payment shall either be in advance by proforma invoice or by irrevocable letter of credit at site with all bank charges payable by the purchaser unless otherwise stated.
7.2 The purchaser shall be responsible for arranging inspection and testing of the goods at the company ’s premises or other location before shipment and the purchaser at liberty to test and inspect. The company shall have no liability after shipment for any claim in respect of any defect in the goods which would have been apparent on such inspection and testing or in the respect of any damage during transit.
8.1 On cancellation of an order, if the cancellation is accepted by the company, or in the event of other default by a purchaser, a cancellation charge shall be payable by the purchaser equal to 20% of the value of the goods or in the case that the goods have been, or are being specifically manufactured for a purchaser, the charge shall be a proportion of the price which represents the percentage of the goods, of the total costs incurred by the company in relation to the order, or 20% whichever is the higher.
8.2 If any provisions of these Terms and Conditions are held to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provisions shall not be affected thereby.
9.1 Under no circumstances will Aussie Erosion be liable for any loss or damage to persons or property of any nature as a result, direct or indirect, of any defect, deficiency or discrepancy in products sold by Aussie Erosion. It is the Customer's sole responsibility to ensure that the products sold are sufficient and suitable for the purposes of the Customer.