1. Definitions
Elite Bolts and Fasteners – referred to as “the business” – is located at 13 Birkett Place, South Geelong VIC 3220. “Buyer” – means, any person to whom the business has undertaken to supply either goods or services. “Services” means any service requested by the Buyer either in writing or verbally. “Goods” – means the goods the business has agreed to provide to the Buyer.
2. Price
The price – shall be the price at the date(s) of delivery alternatively an agreed price set down in a written contract.
3. Late Payment
Where payment on an invoice is not made by the – due date – the business reserves the right to charge interest on the sum outstanding at a rate of 2% per month.
4. Insurance
It is the Buyer’s responsibility to effect whatever insurance cover may be required. The cost of same to be at the Buyer’s expense.
5. Tax Levy
GST will be added at the applicable rate on all sales made within Australia.
6. Part Delivery/Supply of Services in Part
The business may make part–delivery of any order or supply of services. Each part–delivery or supply of service shall be regarded as a separate contract for the sale of goods or services, according to the terms and conditions set down in this agreement.
7. Risks
All goods supplied by the business or equipment that has been repaired shall be and remain the responsibility of the Buyer from the time of despatch of the goods from the business.
8. Delivery Delays
The business shall make every reasonable effort to meet proposed delivery dates. However such dates shall be estimates and cannot be taken to be of the essence – of the agreement unless otherwise set down in writing.
9. Delivery/Payment
Unless otherwise agreed in writing prior to the order or supply of service – payment shall be made by the Buyer in cash on delivery. Where credit facilities have been agreed the Buyer shall make payment within thirty (30) days from the last day of the month in which delivery was made. Where the Buyer fails to so perform the business reserves the right to stop any further delivery and to demand payment in full for all goods/services supplied. Payment in full must be made immediately in the event of the Buyer’s liquidation, bankruptcy or going in to receivership. In the event the business is compelled to commence an action for the recovery of an outstanding debt, the Buyer shall be responsible for all collection and legal charges on the outstanding amounts. Interest to be levied at the rate of two (2) percent per month.
10. Acceptance and Credit Returns
14 days after delivery, the goods shall be deemed to be accepted by the Customer. Return of the goods will only be accepted for credit if made within the 14 day period. And further provided:
(1) return freight is paid by the Customer;
(2) a copy of the Tax Invoice relating to the goods is enclosed; and
(3) a handling and restocking fee calculated at 15% of the Total exGST amount applicable – is made. When a return is accepted for credit, a GST adjustment note will be issued by the business if necessary.
11. Ownership in Goods
Ownership in the goods will only pass when the business is paid the full amount owing by the Buyer. If payment in full is not made for goods delivered, the business reserves the right to remove them without prior notice from the Buyer’s premises at any time during normal business hours. The Buyer hereby indemnifies the business from all costs, losses, damages and other expenses suffered as a result of such action.
12. Liability Limit
(a) The business will not be liable for any consequential loss or cost incurred by the Buyer related to guarantees, fitness for purpose, design, quality of materials, workmanship, failure to deliver by specified date, negligence on behalf of the business or its servants or agents or for any other reason. (b) Notwithstanding anything to the contrary herein contained the liability of the business in respect of all claims for loss or damage or injury arising from breach of any of the business’s obligations under or in connection with the contract, from any cancellation of the contract or from any negligence on behalf of the business, its servants, agents, or contractors – shall not in aggregate exceed the contract price.
(c) Without prejudice to any limitation of the business’s liability elsewhere contained in these conditions of sale, no claim for goods damaged or loss in transit or during unloading will be entertained by the business unless notified to the business within 14 days of despatch.
(d) Any information supplied or given by the business or its employees or agents to any Buyer is supplied in good faith and the business gives no guarantee of results and assumes no obligation whatsoever in connection with such information.
In particular no warranty is given by the business that any materials supplied are fit for any particular purpose and the Buyer purchases the goods in reliance of its own judgement.
(e) All equipment and systems that are specifically imported or purpose–built to the Buyer’s requirements, remain non–returnable and non–refundable.
13. Quantity of Goods
The quantity of goods shall be as accepted for supply by the business
in regard to the Buyer’s order. Where the quantity to be supplied does not conform to standard packaging numbers then quantities supplied will be to the nearest whole carton or package.
14. Warranty Limitation
The business warrants the goods delivered conform to the Buyer’s written specifications (engineer prepared plan or equivalent) and accepted by the business as specifications that can be delivered by the business. The business offers no warranty other than warranties offered by the manufacturer/s. Goods are not guaranteed by the business in any way unless such guarantee is given by the business in writing. Similarly in respect of services supplied, no warranty is offered other than warranties given by the business in writing and signed by a director of the business.
15. Return of Goods
The business is not obligated to accept claims in respect of returned goods which have been used, damaged or altered in any way. Goods must be returned in their original packaging.
16. Repair
Goods handed to the business for repair will be free of all charges to the business and held, while the repairs are made, at the Buyer’s risk.
17. Variation of Order
As regards any variation in the order details, sizes and quantities, delivery instructions or any other specification on which the quotation or invoice is determined, the business reserves the right to amend the price accordingly.
18. Cancellation of Orders
No cancellation of orders will be accepted by the business except where written application is made to the business and the business agrees the terms and conditions upon which the application may be accepted.
19. Termination
Without prejudice to such other rights as may be available to it, the business may immediately terminate an order or suspend further deliveries:
(a) Where the Buyer fails to make payment on due date as agreed;
(b) Where the Buyer shall commit any material breach of this contract;
(c) Where the Buyer is an individual and dies or has a Receiver appointed to administer his assets;
(d) Where the Buyer is a company which becomes insolvent or ceases to carry on business;
(e) Where the Buyer negotiates any composition with its creditors or permits any judgement to remain unsatisfied for 7 days.
20. Changes to These Terms and Conditions
Any changes to this contract shall be in writing. No verbal changes to this agreement shall be binding on the business.
21. Governing Law
The law applicable to this contract shall be the law of VIC, Australia.
