B2B Terms & Conditions

TERMS & CONDITIONS OF SALE

1. The Customer acknowledges that no warranty, condition, or representation has been given by the Seller other than those contained herein.
2. If a date is specified for delivery of the goods, delivery within seven days of such date shall constitute delivery by the due date. The Customer shall have no claim for failure of delivery by such date if such failure is due to any cause over which the Seller has no control.
3. No merchandise shall be returned by the Customer without prior authorisation from the Seller, and all freight costs will be borne by the Customer.
   
4. These terms of trade are governed by and are to be construed with the laws of Victoria and the Seller, and the Customer irrevocably submit to the non-exclusive jurisdiction of the courts of that state and any courts competent to hear appeals therefrom.
   
5. Any order set out on the face hereof shall not be cancelled by the Customer without valid reason acceptable to the Seller. Such cancellation must be made in writing within a reasonable time not exceeding 14 days after placing of the order, and consideration shall not be given to orders already in the course of production.
   
6. If confirmation is required to validate orders, then any delay must be added to the delivery date originally quoted.
   
7. The commitments set out on this order shall be deemed irrevocable in the event of a sale of the business or change in buying personnel.
   
8. Terms of payment and discount shall be specified on this order.
   
9. Freight charges remain the responsibility of the Customer.
   
10. The Seller reserves the right to vary prices quoted to compensate for increases in the cost of production, fluctuations in exchange rates, or cost of materials beyond the Seller's control.
    
11. This contract is deemed to be made in the state of Victoria.

RESERVATION OF TITLE

The risk in the goods supplied by the Seller and liability for any consequent damage or loss shall pass to the Customer immediately upon delivery to the Customer or to any agent acting on behalf of the Customer.

Until payment of the purchase price in full has been made by the Customer to the Seller for the goods: -

1. Property and ownership of the goods remain with the Seller.
   
2. The Customer shall be deemed to hold the goods as bailee for the Seller and agrees to store the goods on behalf of the Seller so that they are clearly identifiable as the Seller's property.
   
3. The Seller may, without notice to the Customer, terminate the order and the bailment and take possession of the goods.
   
4. The Customer authorises the Seller by its servants or agents to enter any premises occupied by the Customer for the purpose of taking possession of the goods.
   The goods are to be stored separately by the Customer.
   
5. If the goods are sold by the Customer, the Customer shall hold the proceeds of sale on trust for the Seller.