TERMS AND CONDITIONS OF SALE
The following terms and conditions (“the terms”) shall be incorporated into every contract for sale and/or delivery of goods (“the Goods”) by Kerb Machines Pty Ltd / Tallarook Engineering ACN 156186534 (“the Seller”) to the buyer identified on the Seller’s sales docket and/or the Seller’s Invoice (“the Sales Docket”) (“the Buyer”). All quotations given or orders accepted by the Seller are subject to these terms.
DELIVERY: Delivery times are approximate only. The Seller shall use its best endeavours to deliver the Goods to the Buyer on the agreed date, but accepts no liability for any loss incurred by the buyer in respect of delays or failure in delivery. Risk in the Goods shall pass to the Buyer upon delivery.
PRICE: The price of the goods as specified on the Sales Docket / Invoice shall be exclusive of all delivery, freight and insurance costs and all other expenses, taxes or duties payable in respect of the Goods, which shall be payable by the Buyer. The Seller reserves the right to increase prices to take account of increases in costs to the Seller of supplying the Goods. All clerical errors in prices are subject to correction by the Seller.
PAYMENT: Unless otherwise expressly agreed, the Buyer shall make cash payment to the Seller for the Goods no later than the date specified hereof. If the Buyer fails to make payment in full as and when due, the Seller shall be entitled to charge interest at the current rate and/or refuse to make further sales or deliveries to the buyer until full payment is received. The Seller shall retain title to the Goods and all other Goods sold by the Seller to the Buyer until payment in full of all moneys due in respect of the Goods and all moneys outstanding in respect of all other Goods and services supplied by the Seller to the Buyer from time to time. Goods belonging to the Seller shall be stored so identifiable as such. Prior to payment, the Buyer shall not deal in any way with the Goods, modify or change nor part with possession nor act in any way inconsistent with the Seller’s ownership of the Goods. If the Buyer incorporates the Goods into composite products, title in the composite products shall vest in the Seller until payment is received and proceeds from any sale or other disposition prior to payment in full shall belong to the Seller to the extent of all sums due. The Seller’s right to retain title shall not affect its rights as an unpaid seller.
WARRANTY/LIMITATION OF LIABILITY: The Seller warrants that the Goods conform to contract specifications. These Terms set out the entire liability of the Seller in respect, of the Goods and, subject to relevant Federal and State Law, and all other conditions or warranties, expressed or implied, are excluded. In no event shall the Seller be liable for consequential loss or special, indirect or consequential damages however arising.
The Buyer shall inspect the Goods immediately upon delivery and shall within (7) days of inspection, give notice to the Seller of any alleged defect in the Goods or non-compliance with contract specifications. Failure by the Buyer to give such notice shall be deemed acceptance of the Goods and the Buyer shall be bound to pay for the same accordingly. If any Goods delivered to the Buyer are defective or otherwise not in accordance with contract specifications, and the Seller has received notice in accordance with these Terms, the Seller shall have the right, at its option, either to replace/repair the Goods or to refund that portion of the price applicable thereto.
TERMINATION: The Seller shall have the right to withhold deliveries to the Buyer and to terminate any contract of sale of the Goods and retain any payments already made or property belonging to the Buyer stored at the Seller’s trading address in the event of :
the Buyer defaulting in any of these Terms;
the Buyer entering into any scheme of arrangement with the Buyer’s creditors or entering into liquidation/bankruptcy or having an official manager/receiver/manager and receiver/trustee in bankruptcy appointed for all or part of the Buyer’s assets;
the performance of the Seller’s obligations hereunder being adversely affected by operation of events beyond it’s reasonable control;
MISCELLANEOUS: These Terms are subject to variation by the Seller
without notice to the Buyer.
These Terms are governed by and are to be construed in accordance with the laws of the State of Victoria and the parties hereto irrevocably submit to the non-exclusive jurisdiction of the courts of that State.
The failure of the Seller to enforce at any time or for any period of time any of these Terms shall not affect its right to enforce the same. In the event of court proceedings to enforce these Terms, the Buyer acknowledges the Seller’s right to recover all legal costs (including solicitor-client costs and debt collection agencies) and all other costs associated with such enforcement.
The Seller shall notify the Buyer when Goods are ready for pick up or delivery. Uncollected Goods stored at the Sellers trading address after (3) months following this notification shall be subject to storage fees at a rate of $25.00 per week.