Terms of Sale
The Supplier: Fire Industry Supplies Pty Ltd (ACN: 1161 142758)
The Customer: Name of Customer
Goods: Any goods, products, services or materials to be supplied by Fire Industry Supplies
2.1 An order placed by the Customer is deemed to be an order incorporating these Terms & Conditions notwithstanding any inconsistencies which may be introduced in the Customer orders or acceptance unless expressly agreed to by the Supplier in writing.
2.2 These Terms & Conditions replace any previous Terms & Conditions.
2.3 No subsequent correspondence or document including any order by the Customer shall modify or otherwise vary these Terms & Conditions unless such variation is in writing and signed by the Supplier.
2.4 The Terms & Conditions are binding on the Customer, his heirs, assignees, executors and trustees.
2.5 In these Terms & Conditions, the singular shall include the plural, words importing persons shall apply to corporations, and the masculine shall include the feminine and neuter.
2.6 Where more than one Customer completes this agreement both shall be liable jointly and severally and reference to a party shall include a reference to the parties' executors.
3. GOODS AND SERVICES TAX
3.1 GST refers to Goods and Services Tax under the Goods and Services Act 1999 (GST Act) and terms herein have the meanings contained in the GST Act.
3.2 It is hereby agreed between the Customer and the Supplier that the consideration for the Supplier expressed in this agreement is exclusive to the Supplier's liability of GST.
3.2.1 On sale:
126.96.36.199 The customer will pay to the Supplier, in addition to the total purchase Price, the amount payable by the Supplier of GST on the taxable supply made by the Supplier under this agreement;
188.8.131.52 The Supplier shall deliver to the Customer a Tax Invoice for the supply in a form which complies with the GST Act and Regulations.
4. DISHONOUR OF CHEQUE.
4.1 If any cheque issued by the Customer or by any third party in payment for Goods is dishonoured:
4.1.1 The Supplier may refuse to supply any further Goods (whether or not the Supplier is to make any further deliveries of the Goods), until satisfactory payment is received in full;
4.1.2 The Supplier is entitled to treat the dishonour of the Customer's cheque as a repudiation of this agreement and to elect between terminating this agreement or affirming this agreement, and is each case claiming and recovering compensation for loss or damage suffered from the Customer.
5. DEFAULT IN PAYMENT 5.1 Invoices issued by the Supplier shall be due and payable within 30 Days from the End of the Month of the subsequent month from the date of which supply was made. Without prejudice to any other rights of the Supplier, the Customer must pay to the Supplier on demand interest at a rate being the aggregate of two percent and rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983 on any payment in arrears.
5.2 If any payment remains outstanding beyond the trading terms, the Supplier may forward the Customer's account to a debt collection agency for further action. The supplier shall be entitled to charge the Customer for all expenses incurred in relation to the collection of the debt which shall include any fees or charges being limited to the debt collection agency's fees, commission charges, legal costs and disbursements.
6. BUYERS CREDIT
6.1 The Supplier reserves the right without prejudice to any other remedy it may have, to terminate the contract or to suspend future deliveries under it forthwith by written notice if the Customer fails to pay for any one delivery on the due date. If, in the Supplier's opinion, the Customer's financial status becomes unsatisfactory to the Supplier the Supplier reserves the right to require payment of the Price in cash in advance, for security for the amount outstanding in respect to tall future deliveries and for Goods previously delivered
7.1 Risk in Goods passes to the Customer upon the earlier of:
7.1.1 Actual or constructive delivery of the Goods to the Customer; or
7.1.2 Collection of the Goods from the Supplier or any bailee or agent of this Supplier by the Customers agent, carrier or courier.
8. RETENTION OF TITLE
8.1 While risk in the Goods shall pass on delivery (including all risks associated with unloading), legal and equitable title in the Goods shall remain with the Supplier until full payment for all Goods and services supplied by the Supplier to the Customer is made. Pending such payment, the Customer shall hold the Goods as bailee for the Supplier and shall return the Goods to the Supplier if so requested.
8.2 The Supplier reserves the following rights in relation to the Goods until the accounts owed to the Supplier by the Customer are paid in full:
Ownership of the Goods:
8.2.1 To enter the Customers premises (or the premises of an associated company or agent where the goods are located) without liability for trespass or any resulting damage in retaking possession of the Goods; and
8.2.2 To keep or resell any Goods reposed pursuant to the above. If the Goods are resold, or products manufactured using the Goods are sold, by the Customer, the Customer shall hold such part of proceeds of the any such sale as represents the invoiced Price of the Goods sold or used in the manufacture of the Goods sold in a separate identifiable account as beneficial property of the Supplier and shall pay the Supplier upon request. Notwithstanding the provisions above the Supplier shall be entitled to maintain an action against the Customer for the purchase Price and the risk of the Goods shall pass to the Customer upon delivery.
8.3 This agreement is not to be amended except in writing signed by each of the parties.
9. RETURN OF THE GOODS
9.1 The Customer must not return the Goods to the Supplier unless the Supplier consents to the return of the Goods in the form of a Return Goods Authorisation available from the Supplier upon request.
9.2 In order that Goods may be returned and handling expedited, such Goods shall be returned freight prepaid, accompanied by a packing slip referencing the original shipment, and packed in such a manner to insure receipt in good condition.
9.3 Returned Goods in unused condition, which was currently shipped in accordance with the purchaser's order, is subject to a minimum handling charge of $35.00 or 25% of the amount charged for the merchandise being returned - whichever is greater - plus all freight charges.
9.4 All specialty items of a resale or made-to-order nature are subject to cancellation or return ONLY by written permission and agreement to pay any costs already incurred.
10. AGREED USE
10.1 The Customer acknowledges that the matters set out in the definitions above are a true description of the purpose for the which the Goods purchased herby are to be applied and the Customer may forfeit any rights if any he may have against the supplier if the Goods are applied for any other use. The Customer forfeits any right or claim against the Supplier if any alteration to the Goods sold or quoted is carried out with the Suppliers written consent. The Customer further acknowledges sole responsibility for any damage or injury to property or person caused by using the Goods sold for any other purpose than that set out in the above definition.
11.1 The Customer is responsible to effect whatever insurance cover he requires at his own expense.
12. WARRANTY & LIABILITY
12.1 The Supplier's liability for Goods sold by it is limited to making good any defects by repairing the defects or at the Supplier's option by replacement, within a period not exceeding 12 calendar months after the Goods have been despatched so long as:
12.1.1 Defects have arisen solely from faulty materials or workmanship;
12.1.2 The Goods have not received maltreatment, inattention or interference;
12.1.3 Accessories of any kind used by the Customer are manufactured by or approved by the Supplier;
12.2 The Supplier is not liable for and the Customer releases the Supplier from any claims in respect of faulty and defective design of the any Goods supplied unless such design has been wholly prepared by the Supplier and a responsibility for any claim has been specifically accepted by the Supplier in writing.
12.3 Except as provided in these conditions all express and implied warranties, guarantees and conditions under statute or general law as to merchantable quality, description, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise expressly excluded.
12.4 The Supplier is not liable for physical or financial injury, loss or damage or for any consequential loss or damage of any kind arising out of the supply, layout, assembly, installation use or operation of the Goods or arising out of the Supplier's negligence or in any way whatsoever.
12.5 The warranty shall be void if the Customer does not handle or use the Goods according to the instructions provided.