TERMS AND CONDITIONS OF SALE
IDEAL FASTENERS PTY LTD (ABN 56 816 118 525)
DEFINITIONS AND FORMATION
1. In these terms and conditions (“Terms and Conditions”):
(a) “Customer” means the purchaser of the Products;
(b) “Order” means an order placed by a Customer with Ideal for the supply of Products;
(c) “Products” means the products supplied or to be supplied by Ideal pursuant to an Order in accordance with these Terms and Conditions;
(d) “Purchase Price” means the price for the Products ordered determined in accordance with these Terms and Conditions; and
(e) “Ideal” means Ideal Fasteners Pty Ltd (ABN 56 816 118 525).
2. These Terms and Conditions govern all contracts for the supply of Products by Ideal and prevail (to the extent of any inconsistency) over any conditions applicable in or to a specific Order unless a variation is expressly agreed to byIdeal in writing.
3. The contract for the supply of the Products by Ideal is formed on the earlier of:
(a) written acceptance by Ideal of an Order; or
(b) the commencement of the delivery of the Products by Ideal in accordance with an Order.
PAYMENT OF PURCHASE PRICE
4. If the Customer does not have a credit account with Ideal, the Purchase Price must be paid in full to Ideal before the Products will be despatched from Ideal’s premises.
5. If the Customer has a credit account with Ideal, the Purchase Price must be paid in full within 30 calendar days from the date of the invoice or statement issued by Ideal for the Products.
6. If payment of the Purchase Price is not received in full by Ideal by the relevant due date set out in clause 4 or clause 5:(a) interest at a rate of 1.5% per month shall accrue daily on the amount of the Purchase Price that remains unpaid. Such interest will be payable by the Customer on demand by Ideal; and (a) the Customer will be liable for all costs reasonably incurred in recovering the outstanding amount, including all debt collection agency and legal fees on solicitor-own client basis.
7. Ideal may refuse or suspend the supply of Products to the Customer if clauses 4, 5 and 6 are not strictly adhered to by the Customer.
8. Ideal reserves the right to vary the terms of payment for any Order or Customer.
9. Quotations by Ideal for the supply of Products are open for acceptance by the Customer within the period stated in the quotation, or if no period is stated, then within 30 calendar days of the date of the quotation’s issue.
10. Freight and handling charges determined by Ideal from time to time will apply for all Orders of Products. Deliveries will be made by Ideal’s nominated carrier. Any alternative delivery arrangements will be at the Customer’s expense.
AVAILABILITY OF PRODUCTS
11. Completion of Orders is subject to the availability of the Products. Orders which cannot be completed will be placed on back order unless otherwise advised.
12. Ideal is not liable for any loss or damage arising as a result or consequence of any failure to deliver the Products or delay in delivery of the Products.
13. All returns for credit must be authorised by Ideal, prior to the Products being returned. All requests for credit must quote Ideal’s invoice number upon which the Products were supplied. Freight and handling charges for authorised returns must be prepaid by the Customer.
14. The Products must be in original packaging and in resaleable condition to be accepted for credit by Ideal. Any Products that are not in resaleable condition (as determined by Ideal) will not be accepted by Ideal.
15. Ideal may charge the Customer a restocking fee of up to 20% of the invoiced value of any Products returned for credit.
16. Any claim by the Customer in relation to the Products must be notified to Ideal in writing within seven calendar days of delivery. Any such claim that the Customer does not so notify within this time shall be deemed to be absolutely waived.
17. The Purchase Price payable for the Products is:
(a) the price quoted to the Customer by Ideal at the time Ideal accepts an Order;
(b) all applicable amount of goods and services tax and other like charges or taxes; and
(c) applicable freight and handling charges under clause 10.
18. The Customer acknowledges that the prices displayed on Ideal’s price list or separately quoted to the Customer from time to time are subject to change without notice by Ideal.
19. To the extent permitted by law, all conditions or warranties expressed by law are excluded and Ideal’s liability, in negligence or otherwise, for breach of a condition or warranty in the supply of the Products whether expressed or
implied, including any indirect or consequential loss which the Customer may sustain or incur, shall be limited to one of the following at the election of Ideal:
(a) repair or replacement of the Products or supply of equivalent Products; or
(b) payment of the cost of replacing the Products or acquiring equivalent Products.
20. Ideal is not responsible to the Customer for any loss or damage to the Products in transit caused by any event of any kind.
21. Until full payment for the Products is made, the Customer will hold the Products on trust for Ideal and store them in a manner which clearly shows the ownership of Ideal and distinguishes them from the Customer’s other goods. The Customer may sell the Products in the course of its business as an agent for Ideal and agrees to hold the proceeds of sale on trust for Ideal. If the Customer fails to pay for the Products within the relevant period specified in clause 4 or 5, in addition to its obligations under clause 6, the Customer shall pay to Ideal any amount received from the sale of the Products and grants Ideal or its representative an irrevocable licence to enter the Customer’s premises to recover possession of the Products.
22. The risk of loss or damage to the Products passes to the Customer at the time that the Products leave Ideal’s physical possession.
23. These Terms and Conditions contain all the provisions of the agreement between the Customer and Ideal in relation to the supply of the Products.
24. Ideal may vary these Terms and Conditions in its sole discretion.
25. These Terms and Conditions are governed by the laws in force in Victoria.December 2008