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Dispatch of goods will take place when warehouse has collected all items in the order. Please allow 10 working days for order to arrive. Unless a item is on backorder. If this is the case, client will be contacted and arrangements will be made to send item once it arrives at the warehouse.
Prices are subject to variation without notice and goods and services will be invoiced at prices current at the time of their provision unless otherwise agreed in writing.
Sales tax and any other taxes or duty on or in respect of goods sold by the Supplier imposed by any state or federal government law shall be payable by the Applicant but if those taxes or duties by law are or become payable by the Supplier the prices in respect of the goods shall be increased by the amount necessary to ensure that the net amount actually received by the Supplier is as if those taxes or duties were not payable.
Unless otherwise agreed all goods are sold C.O.D and the Supplier shall deliver the goods on board the means of transport.
Risk in the goods shall pass to the Applicant on delivery.
Where goods are to be delivered by instalments, each instalment shall be deemed to be sold under a separate contract.
If the Supplier fails to deliver an instalment within the agreed time or at all the Applicant shall not be entitled to repudiate the contract with regard to any other instalments remaining to be delivered. Contracts for goods backordered are firm and shall not be rescinded unless agreed in writing by the Supplier.
All goods sold as listed on any invoice shall be deemed to have been received in good order and condition without shortage unless notified in writing to the contrary within ten (10) days of delivery.
If goods are damaged in transit or have a manufacturer’s fault, these goods will be replaced like for like.
Goods returned for credit will only be accepted subject to the Supplier prior agreement in writing with all freight charges prepaid by the buyer.
All warranties conditions and representations whether express or implied other than any express warranty stated by the Supplier in writing are hereby expressly negated and excluded except in circumstances where the Supplier is by law unable to exclude or limit its liability. Provided that where the Applicant is a consumer for the purpose of the Competition and Consumer Act 2010 but the goods or services are not of a kind ordinarily required for personal domestic or household use or consumption the liability of the Supplier shall be limited as determined by the
Supplier to any one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods; and
(b) the payment of the costs of replacing the goods or of acquiring equivalent
No claim of any nature whatsoever (other than relating to the warranty) will be recognized unless made within ten (10) days of delivery. All freight costs involved in returning goods must be paid by the Applicant. A copy of the invoice evidencing sale to the Applicant is to be included with the goods.
Nothing in this agreement shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods and/or services pursuant to this agreement of all or any of the provisions the Competition and Consumer Act 2010 or any relevant State or Federal Legislation which by law cannot be excluded, restricted or modified.
Taxes and Duties:
The Applicant must pay GST on any taxable supply made by the Supplier to the Applicant under this agreement. The payment of GST is in addition to any other consideration payable by the Applicant for a taxable supply.
If as a result of:
(a) any legislation becoming applicable to the subject matter of this agreement; or
(b) any changes in legislation or its interpretation by a court of competent
jurisdiction or by any authority charged with its administration;
the Supplier becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the Applicant, then the Applicant must pay the Supplier these additional amounts on demand.
The Applicant agrees to the terms of the Privacy act 1988 authorization contained in this document.
PRIVACY ACT 1988 AUTHORISATION:
To enable the Supplier to assess the credit application or to review any existing credit, the Applicant and Guarantors authorise the Supplier to obtain:
From a credit reporting agency a credit report containing personal information about the Applicant and Guarantors in relation to credit provided by the Supplier (section 18K(1)(a) of the Privacy Act 1988);
A report from a credit reporting agency containing personal information about the Applicant and the Guarantors (section 18K(1)(b) of the Privacy Act 1988); and
A report containing information about the Applicant’s and Guarantors’ commercial activities or commercial credit worthiness from a business which provides information about the commercial credit worthiness of a person or an entity in relation to credit provided by the Supplier (section 18L (4) of the Privacy Act 1988).
The Applicant authorises the Supplier to provide certain personal information about the Applicant under section 18E(8)(c) of the Privacy Act 1988. The information which may be given to an agency is covered by section 18E(1) of the Privacy Act 1988 and includes:
The fact that application for credit has been made;
The fact that the Supplier is a credit provider to the Applicant;
Payments which become overdue more than 60 days;
Advice that payments are no longer overdue;
Cheques drawn by the Applicant in excess of $100 that have been dishonoured more than once;
In specified circumstances, that in the opinion of the Supplier the Applicant has committed a serious credit infringement;
That the credit provided to the Applicant by the Supplier has been discharged.
In accordance with section 18N(1)(b) of the Privacy Act 1988, the Applicant authorises the Supplier to give and obtain from credit providers named in this credit application and credit providers that may be named in a credit report issued by a credit reporting agency information about the Applicant’s credit arrangement. The Applicant acknowledges that the information can include any information about the Applicant credit worthiness credit standing, credit history or credit capacity that credit providers are allowed to give or
receive from each other under the Privacy Act 1988.