|Terms and Conditions of Sale||
AUSTRALIAN GAS SPRINGS
(a division of P.I.V. Australia Pty Ltd)
TERMS AND CONDITION OF SALE
1. Any order placed by a Buyer is deemed to be an order incorporating these Terms and Conditions notwithstanding any inconsistencies which may be introduced in the buyers order unless expressly agreed to by the Seller in writing.
2.1 Every quotation is an estimate only and is subject to withdrawal, correction or alteration at any time prior to the Sellers acceptance of the Buyers order.
2.2 Orders are accepted on the basis that the Seller reserves the right to vary prices payable by the buyer to accord with those ruling at the date of dispatch, except where prior negotiations allows an order on the alternative basis. In the event that any order or other document forwarded by the Buyer to the Seller contains anything inconsistent with these Conditions such order or other document, is accepted only on the express understanding that these conditions are to prevail in all cases.
2.3 Prices are subject to the Buyer's order being for the whole quantity mentioned in the quotation unless otherwise negotiated.
2.4 Unless specifically provided in writing to the contrary, the Seller reserves the rights to supply quantities in accordance with the manufacturers' fabrication tolerances and shopping tolerances and the buyer will pay for the quantity actually delivered.
2.5 Unless otherwise stated, prices are F.O.B / F.O.T. the right is reserved to apply prices ruling at time of delivery. Special transport charges or variations in tariffs, rates of foreign exchange, special taxes, transport charges, insurance premiums, harbour dues or similar costs and increase in wages, costs of materials or otherwise which affect the goods offered or sold are to be to the Buyer's account. All prices are subject to G.S.T.
TERMS OF PAYMENT
3.1 Nett cash on delivery or
3.2 Nett cash 30 days for approved monthly accounts.
3.3 Payment by: Visa, Mastercard or Bankcard will be subject to a 2% surcharge.
3.4 Payment by: American Express will be subject to a 3% surcharge.
3.5 Payment by: electronic funds transfer - nett.
TIME OF DELIVERY
4 Although every effort is made by this company to keep the delivery promise, this company assumes no liability for loss or damages occasioned by delays in delivery. Without being liable to pay indemnity, this company reserves the right to cancel the contract to purchase entirely or in part or to extend the delivery time in the case of force majeure, strikes, lock-outs or other interruptions in operation, stoppages, breakdown in machinery, time in our own sub-contractor's works, transport difficulties, war or blockade, involving Australia or any other country from which the material required for the goods on order is expected to be procured and every circumstance of political, economical or other nature beyond our control.
5 Seller assumes no liability (whether for negligence or otherwise) for any technical advice or assistance given or the results obtained therefrom, all such advice being given and accepted at Buyers risk.
6 Claims for shortages of goods should be made in writing immediately upon receipt of goods and no claim will be recognised unless made within 7 days from the receipt of the consignment in respect of which the shortage is alleged. Claims for non-receipt of goods must be made within 30 days of the invoice date.
RETURNED FOR CREDIT
7 No returns will be accepted without prior approval from this company. Goods are to be returned on a pre-paid freight basis, together with a copy of our company invoice for the sale of the goods, or written advice of the date of purchase and our company invoice number. Credit for goods returned after 14 days from the invoice date carries a reduction of 15% of the invoice value. Absolutely no credit will be allowed on any item especially imported, manufactured, cut to order, gassed, used or of a peculiar nature not normally stocked by this company.
8 Goods marketed by this company hold manufacturer's guarantee or unless otherwise stated, please confirm with the company. This company is in no way responsible for any damage which may result through the use or misuse and then its only liability is limited to the price paid for the goods.
9.1 In addition to any lien to which the Seller may by statute or otherwise be entitled, the Seller shall in event of Buyers insolvency, bankruptcy or winding up be entitled to a general lien in respect of all goods belonging to the Buyer in the Seller's possession or under its control (although such goods or some of them have been paid for) for the unpaid price of any other goods sold and delivered to the buyer under this or any other contract.
9.2 Title to the goods will not pass to the Buyer until payment in full for the goods or services has been received by the Seller. Until the date of final payment the Buyer shall store the goods so that they are clearly identified as the property of the Seller.
10 When payments are overdue by more than 30 days from the invoice date the seller reserves the right to take legal action to recover the overdue debt, including the right to refer the overdue debt to a debt collection agency, in which case the buyer will be responsible for all legal costs and debt collection fees and/or expenses. In addition, at the sole discretion of the seller interest may be charged on all overdue debts at the rate of 13% per annum.
11 This agreement and these Terms and Conditions and all disputes or difficulties arising therefrom shall be governed by the law in the State of Victoria, Australia.