The BUYER acknowledges that the following conditions apply to the supply of goods:
GENERAL TERMS & CONDITIONS:
Any order placed by a BUYER is deemed to be an order incorporating these Terms and Conditions not withstanding any inconsistencies which may be introduced in the BUYERS order or acceptance unless expressly agreed to by the SELLER in writing.
The BUYER must only use the goods for the purpose for which they are intended and comply with all legal requirements of use and all directions of use given by the SELLER.
The BUYER must only allow competent trained staff to use the goods and the BUYER indemnifies the SELLER against any claim arising from use of the subject goods.
The SELLER will not be liable and will be indemnified by the BUYER for any damage, claim or loss to property or person including any consequential loss whatsoever arising from the sale of the goods to the BUYER.
SECTION 1 – ACCOUNT TERMS
1.1 Terms are strictly 30 days from end of the applicable month of sale; e.g. goods purchased in September are due for payment before the first week of November. Failure to comply with our terms may result in credit facilities being removed and the account transferred to a COD Account. Accounts on hold on the 31st day (if payment is not received by then) following the applicable month of sale, e.g. Goods purchased in September will be on hold as at the 1st November until payment is received.
1.2 Any account still outstanding at the 60th day may have its credit facilities removed and the account closed.
1.3 If payment is not received within the prescribed period, Enviro Chemicals & Cleaning Supplies Pty Ltd retains the right to charge interest at its bank’s current overdraft rates per calendar month or part thereof.
1.4 If the BUYER has been trading with Enviro Chemicals & Cleaning Supplies Pty Ltd for more than 3 months and spends a minimum of $500 each month, the BUYER may apply for the establishment of credit terms by agreeing to supply the SELLER with 3 current trade references.
SECTION 2 – RESERVATION OF TITLE IN THE SELLER
2.1 Title to the goods shall not pass to the BUYER until payment in full is received by the SELLER from the BUYER and the BUYER shall:
2.1.1 Store goods, which have not been paid for separately.
2.1.2 Keep separate records in relation to the proceeds of the sale of goods that have not been paid for, bank the proceeds of any such sale into a separate account and immediately remit such funds to the credit of the SELLER, and
2.1.3 If any goods are used in a manufacturing process or mixed with other materials the BUYER shall record the value of goods so used in relation to each unit of finished product and upon sale of any unit finished product immediately remit that amount from the proceeds of sale to the SELLER.
2.2 If the BUYER does not pay for any goods supplied as per the terms of the first clause (Clause 1) above, the SELLER is hereby irrevocably authorised by the BUYER to enter the BUYER’S premises (or any premises under the control of the BUYER or an agent of the BUYER if the goods are stored at such premises) and use reasonable force to take possession of the goods without liability or the tort of trespass negligence or payment of any compensation to the BUYER or agent whatsoever.
2.3 The SELLER shall not be deemed to have waived or lost any of its rights pursuant to Clause 1 by reason of giving any credit or extension of time to the BUYER in which to make payment for goods supplied.
2.4 Notwithstanding any of the foregoing the goods are at the risk of the BUYER from the moment of delivery
2.5 For the purpose of the Clause the BUYER is deemed to be in a fiduciary relationship with the SELLER
2.6 CONDITION: In the event that the SELLER institutes legal proceedings for the recovery of any monies due by the BUYER to the SELLER, the BUYER agrees and acknowledges that in all such proceedings the Magistrates Court and the District Court in Queensland shall be deemed to have jurisdiction to hear and determine that said court proceedings and this condition shall be deemed to be a condition of every contract entered into between the SELLER and the BUYER hence forth.
SECTION 3 – DELIVERIES
3.1 All deliveries will be subject to delivery charges unless otherwise stated in writing. Without being liable to pay indemnity the SELLER reserves the right to cancel the contract or agreement to supply entirely or in part or to extend the delivery time when and if required. Once the goods are paid for we will despatch within 3-5 working days.
3.2 Goods shall be at the BUYERS’ risk from the date of delivery. The SELLER will not be liable for any non-delivery attributable to delays caused through transport, customs quarantine, lockouts, strikes, wars, cargo loss or delivery delays of any nature.
SECTION 4 – PRICING
4.1 As we import many of our products, prices depend greatly on the foreign exchange rates over which we have no control and therefore may be altered without notice. The SELLER reserves the right to vary the price quoted after that price has been accepted by the BUYER. The BUYER will have thirty (30) days from the date of the new quotation to notify the SELLER as to whether they accept or reject the new offer. If the SELLER receives no notification within the thirty (30) days it shall be deemed that the offer was rejected and the supply will not proceed.
SECTION 5 – RETURNS
5.1 Subject to these conditions, where the BUYER having reasonable grounds to reject goods supplied to it by the SELLER returns those goods to the SELLER in good condition within fourteen (14) days of receiving delivery of those goods from the SELLER but not later, the BUYER shall return goods on a prepaid freight basis. All goods that are returned and accepted by the Seller for credit will be subject to a twenty per cent (20%) restocking fee.
5.2 Where goods have been specially ordered by the SELLER at the BUYERS request the BUYER will not upon any ground be entitled to reject delivery of those goods but if he rejects those goods upon delivery or thereafter the SELLER will nevertheless be entitled to recover the price from the BUYER. Where the BUYER returns goods supplied to it by the SELLER at a date after fourteen (14) days of receiving delivery of those goods from the SELLER or without having reasonable grounds to reject those goods the BUYER will be liable to pay to the SELLER an amount equivalent of 20% of the SELLER’S price of those goods plus arrange prepaid freight of return goods.
SECTION 6 – QUOTATIONS
6.1 All quotations are valid for thirty (30) days unless otherwise stated.
SECTION 7 – DEPOSIT REQUIREMENTS UPON PLACEMENT OF MACHINE ORDERS:
7.1 Deposits are required upon placement of a BUYERS order on all machines that are imported specifically to meet the BUYERS order requirements or machines that require modification or customising to meet the BUYERS requirements. The amount of the deposit required will be at the discretion of the SELLER and will range from Twenty (20) to Fifty (50) per cent of the items agreed sale price.
SECTION 8 – CLAIMS
8.1 Claims for shortages or for damaged goods shall be made in writing immediately upon receipt of goods and no claim will be recognised unless made within seven (7) days of the receipt of the goods to which the damage or shortage is alleged. The SELLER does not accept responsibility for transit damage when the transport company that is used to deliver the goods to the BUYER has been nominated by the BUYER.
8.2 Claims for non-receipt of total orders must be made in writing and within seven (7) days of the invoice date.
SECTION 9 – WARRANTY
9.1 Goods marketed by the Company hold the manufacturers warranty unless otherwise stated in writing
9.2 The warranty is limited to replacement or repair of machine parts that are defective in material or workmanship. The warranty shall not apply to any item or machine containing a failed component that has been altered, neglected or used in any way in which in our opinion adversely affects its performance. With respect to machines, regular servicing by Enviro Chemicals & Cleaning Supplies Pty Ltd or by an authorised service agent is required.
9.3 Labour costs are not included under this warranty unless otherwise stated in writing
9.4 Freight costs that are incurred in the returning of any goods to the SELLER for warranty evaluation, warranty replacement or repair are the responsibility of the BUYER.
SECTION 10 – SEVERANCE
10.1 In the event of any part or provision of this document being unenforceable through change of law or otherwise it shall be accepted that this will only apply to the subject part and that the remainder of the terms and conditions of this document are agreed to and are enforceable.
SECTION 11 – PROPERTY
11.1 By acceptance if delivery and retention of the goods it is acknowledged that the property of the goods remains with Enviro Chemicals & Cleaning Supplies Pty Ltd PTY LTD Pand that the legal title thereto will not pass until full and final payment is made but that nevertheless the goods are at the customers risk and liability from the time of delivery.
11.2 In the event that payment is not made within the agreed terms full license and authority is given to Enviro Chemicals & Cleaning Supplies Pty Ltd
or its representatives to enter any premises where the goods are stored and to recover possession of them. In the event of the BUYERS sale of the goods prior to full payment of the goods to the SELLER that full proceeds of the sale belong to Enviro Chemicals & Cleaning Supplies Pty Ltd .
11.3 In the event of a payment outstanding for more than sixty (60) days the BUYER will be liable to meet in full the SELLERS debt recovery, legal costs and/or commissions and internal accounting charges (recovery fees) and such recovery fees will be added to the buyers account and form part of the principal debt.
SECTION 12 – LEGAL INTERPRETATION
12.1 This agreement and terms and conditions and all if any disputes or difficulties arising there from shall be governed by the laws within the State of where the supply takes place.