1. GENERAL
The only contractual terms which are binding upon Delmick Sales Pty Ltd (herein called “the Company”) are those set forth herein or otherwise agreed in writing by the company and those which are imposed and which cannot be excluded by law. All other conditions, warranties, representations, statements and obligations, whether expressed or implied which would otherwise be binding on the company are to be extended permitted by law hereby expressly excluded and negative.
2. DEFINITIONS
a) “date of delivery” is the date upon which goods leave the premises of the Company
b) “the monies due” includes the purchase price for the goods, and delivery charges, goods and services tax
c) “the customer” means the person or entity whose order for the purchase of goods is accepted by the Company
3. PRICE
The purchase price will be the price shown on the Company’s quotation (if given) or invoice
4. GOODS AND SERVICES TAX (GST)
All prices expressed or described by the Company verbally or in writing are GST exclusive prices
5. PAYMENTS
Where the Company elects to sell or provide service on a credit account basis, the monies due shall be payable in accordance with the time period agreed to in the credit application. If the Customer delays making payments under the terms of the contract, the Company may suspend supply or delivery of any Goods to the Customer until such payment is made.
If payment is not made in accordance with the Company’s terms and conditions, the Customer will also be liable for any legal (on an indemnity basis) or other costs incurred by the Company in attempting to recover the outstanding amounts owed by the Customer. Accounts that have been put in debt collection will automatically be closed.
All invoices are to be paid strictly 30 days from the invoice date.
Delmick Sales Pty Ltd reserves the right to charge an account fee of $30 per month on any overdue invoice until that invoice is paid in full. It is the Customer’s responsibility to contact the Company if the Customer has a problem paying an invoice, wishes to dispute an invoice or if payment will be delayed.
6. TITLE
Notwithstanding the risk in the goods shall pass to the Customer as herein provided, title to the goods the subject of any order shall remain the absolute property of the Company until those goods and all other amounts owed by the Customer to the Company are paid in full. The Company shall at all times be entitled to enter the premises believed to be occupied by the Customer and recover there from the goods the subject of any order but only if there is then an existing default in the terms of payment for such goods.
7. CHARGES
In addition to the purchase price, all delivery charges and goods and services tax (GST) shall be payable by the Customer
8. DELIVERY
All goods are deemed to be delivered to the Customer at the Company’s warehouse. However, the Company will at the request of the Customer deliver or arrange delivery of all goods to the Customer at the Customer’s risk. If the Company agrees to ship the goods ex its warehouse, the Company’s delivery expenses shall be payable by the Customer. All delivery dates are estimates in respect of goods which may be delivered after the estimated delivery date, and the Company will not be responsible if any delivery is later than the delivery date, whatever the cause.
9. RISK
Risk in the goods shall pass to the Customer at the time of delivery and the Customer will insure all goods that are in his risk.
10. ACCEPTANCE
The Customer shall be deemed to have inspected and accepted the goods where he retains them for a period of seven days after the date of delivery without notifying the Company that the goods are not in accordance with the contract. Where goods are installed by the Company, the Customer shall be deemed to have inspected and accepted them when the installation is completed.
11. CREDIT LIMIT
Notwithstanding any credit requirement requested by the Customer or any credit limit the Company may have set for the Customer, the Customer will be liable for the full amount owing on all goods ordered notwithstanding that the amount owing may exceed the credit requirement requested or the credit limit set.