All purchases made from Straightmark Nominees Pty Ltd as Trustee for The R&S Wrought Iron Unit Trust (ABN 54 326 673 505) trading as R&S Grating, Road Safety Grating, are subject to the following conditions of sale:
“us”/”we” – means R&S Grating
“you” – means the buyer.
1. Acceptance – No binding contract shall be deemed to have been effected by the acceptance on you of a quotation or offer made by us until such contract shall have been confirmed by invoice or in writing by us. Our quotation, the order and our written acceptance shall constitute the whole agreement and all other representations warranties, conditions and liabilities, expressed or implied include warranties of merchantability and fitness for a particular purpose are hereby expressly excluded. Any conditions attached to an order contained in any written or printed document from you shall not apply unless accepted in writing by us.
2. Prices – Prices quoted are subject to an adjustment for any increases by the manufacturer or supplier at the date of despatch, an adjustment for any increases of tax (both Federal and State), and adjustment for increases of imported goods caused by varying rates of exchange customers, or other duties for any other reason which may cause an adjustment for increase in price.
3. Warranty – We will so far as it is legally possible assign to you the benefit of any applicable factory warranty issued in relation to or applicable to the goods and will authorise you at your expense, the customary service furnished in connection therewith by the manufacturer provided that we will be under no obligation whatsoever to repair, replace or return any goods whether unmerchantable, faulty or otherwise, to the manufacturer and further provided that all costs for repairs, replacements or returns will be borne by you unless the manufacturer warrants otherwise.
4. Liability – We only agree to deliver goods in accordance with the general description and we do not warrant the quality, state, condition or fitness of the goods specified and supplied. We accept no liability for damages, breakages, loss or delay in transit, however arising out of the delivery of goods once despatched from our premises. Dates of delivery are given in good faith but are not guaranteed and further unless otherwise arranged between you and us, we may without notice arrange an independent carrier. All transport charges will be borne by you.
5. Acceptance – All goods ordered by you (including your authorised employees or agents) are deemed to have been delivered in good order and condition seven days from despatch, unless otherwise determined by us at our complete discretion. It is your duty to inspect all goods and any expense incurred in returning any goods will be borne by you. The property in the goods shall not pass to you until you have paid to the us without deduction of the price of the goods sold (see special condition 10).
6. Terms of payment – Payment is to be made before despatch unless credit terms have been mutually agreed upon in writing prior to despatch. Time will be of the essence in any credit terms offered and payment shall be made by you within the 30 days from the end of the month in which the order is placed. A late charge of 16% (calculated on daily balances) will be
charged on all overdue amounts that remain outstanding beyond the allowed period of 30 days. All costs of attempting to recover any payments from you (including but not limited to our debt collection agency) will be borne by you.
7. Jurisdiction – All contracts, written or otherwise, between you and us for the supply of goods and/or services are deemed to have been made in the State of Victoria and all monies due to us, by you are deemed to be payable in the State of Victoria.
8. Cancellation – Orders cannot be cancelled, except with our written consent and upon terms that will indemnify against any and all resultant losses or damages. Good or material ordered in error or in excess cannot be returned to us for credit or exchange, except by special arrangement. Orders or balance of orders may be cancelled at our option in the event of any failure by you to adhere to the terms of the contract.
9. Returns – Standard goods will not be accepted for return unless with our prior agreement. All goods returned will be subject to a handling charge of 15% of the value of the goods. Goods and packaging must be in the original condition, free from damage and blemishes. Made to order goods which are received in good order and condition are non-returnable.
10. Special Conditions – The Goods supplied by us shall remain our property until such time as we have received payment in full. Subject to the limitation, it is acknowledged that you may deal, sell or trade with the goods in the normal course of business and providing that you pay the agreed sale price in accordance with the terms and conditions of sale. In the event of you defaulting in payment of the goods or other default then we have the immediate right and without the necessity of giving any notice, to retake possession of the goods wherever they may be and you hereby authorize us (or our servant or agents) to enter the premises on which the goods are kept and to retake possession of the goods without any liability for any costs, losses, damages or other expenses suffered by the buyer or any other third party in respect to such recovery.