| 1. |
These
terms and conditions of sale apply to all contracts of sale
entered into by Cetnaj Pty Ltd, Cetnaj QLD
Pty Ltd, Cetnaj West Pty Ltd or Cetnaj Stronglink Pty Ltd ("seller"),
unless amended in writing and signed by a senior officer of the
seller.
By acceptance
of deliveries made in pursuance of any purchase order placed
upon seller, buyer accepts the terms and conditions contained
herein. Seller's failure to object to any term or condition contained
in any communication from buyer shall not be deemed a waiver
of these terms and conditions. |
| 2. |
The
credit terms set out in the buyer's credit application form
part of these conditions. All invoices are net and are due
and payable 30 days from the end of the month in which the
invoice is raised. |
| 3. |
Price
lists are subject to change without notice and the invoice
price will be based on the price list current at the date of
invoice. A quotation is not to be construed as an offer or
obligation to sell and seller reserves the right to accept
or reject any orders received. |
| 4. |
The
buyer shall have no right of set-off in respect of any claim
against seller. |
| 5. |
Seller
supplies goods on condition that:
| |
(a) |
The
goods are at the risk of buyer as soon as the goods have
been delivered to or into the custody of buyer or buyer's
agent or otherwise at the direction of buyer. Delivery
to the buyer's nominated carrier shall constitute delivery
to buyer. |
| |
(b) |
Property
in and legal title to the goods remains with seller until
they and all other goods previously supplied by seller
to buyer whether under this or any other contract (collectively
referred to as "the goods") have been paid for by buyer.
Until the goods have been paid for: |
| |
|
| (i) |
Seller may by its servants and agents
enter buyer's premises or elsewhere at any time without
notice to inspect the goods. |
| (ii) |
Buyer
must store the goods including other goods into which
the goods have been incorporated in such a manner
as to show clearly that the goods are the property
of seller. |
| (iii) |
Buyer
must deliver up the goods to seller on demand, and
in default of delivery, seller may by its servants
and agents enter buyer's premises or elsewhere at
any time without notice to repossess the goods, |
| (iv) |
To
the extent (if any) that the property in and legal
title to the goods has passed to buyer by operation
of law, then seller has a specific lien over the
goods until paid for in full; and |
| (v) |
if
buyer receives any proceeds from the sale of the
goods from any other party, buyer receives those
proceeds on trust for the seller to be applied in
payment of the purchase price for the goods and those
proceeds must be kept separate and dealt with separately
by buyer at all times until they have been paid to
seller. |
|
| |
The
whole of this clause applies not withstanding any arrangements
under which seller grants
credit to buyer. Buyer indemnifies seller from and against
all costs or damages which might be incurred by seller
arising out of its taking possession of the goods. |
|
| 6. |
Seller
reserves the right to make delivery in installments unless
otherwise expressly agreed in writing to the contrary by seller.
All such installments when separately invoiced shall be paid
for when due in accordance with the invoice without regard
to subsequent deliveries While every effort shall be made by
seller to meet buyer;s requested delivery dates, seller shall
not be liable for any loss or damage (including consequential
loss) should delivery be delayed or prevented due to any cause
or circumstance beyond seller's control, including non-availability
of stock. |
| 7. |
Standard
products as listed in the published price lists of seller may
be returned for credit provided the goods:
| |
(a) |
Are
returned within seven (7) days of delivery, free to seller's
warehouse. |
| |
(b) |
Are
accompanied by a delivery docket stating seller's original
invoice number and reason for return; and |
| |
(c) |
Are
returned in an unsoiled, undamaged and resaleable condition
in their original packing. |
| |
Goods
will not be accepted for return after seven (7) days
from date of delivery unless by prior arrangement and
with the payment of a restocking fee of 15% of original
net invoice value or $30.00 net, whichever is greater.
No goods will be accepted for return if purchased on
an
indent basis. In the case of shortages, buyer will only
be entitled to claim a credit if it notifies seller orally
or in
writing of the shortage within two (2) days of the date
of delivery and if such notice is given orally, confirms
its claim in writing within seven (7) days of the date
of delivery. |
|
| 8. |
Seller
will replace any products not of merchantable quality which
are returned to seller within the warranty period. In order
to obtain replacement under this warranty, buyer must present
satisfactory evidence of purchase. Buyer bears the cost of
transportation of goods to and from seller's premises. |
| 9. |
Seller's
warranty is conditional upon:
| |
(a) |
The
use by date of goods not having expired; |
| |
(b) |
The
goods having been stored in accordance with notified
storage conditions including those marked on packaging
of the goods; and |
| |
(c) |
No
modification or alteration of the goods having been undertaken
or attempted. |
|