Plustec Pty Ltd Terms and Conditions of Sale
1. TERMS OF PAYMENT
All sales require a deposit which will be 50% of total sale price (which includes GST) negotiated and arranged with the purchaser. The sales price is given on Plustec’s Quotation which forms part of these terms. The deposit is payable on acceptance of the quotation for sale. The final payment for the goods is due when the goods are ready for dispatch at the Plustec Office (prior to delivery). Where sales are made on credit, payment is due on or prior to 7 days from the delivery date, unless otherwise stated. The Supplier reserves the right to charge 2% per month on any overdue accounts as from the due date. Payments received from 2nd or 3rd parties, other names or companies, are accepted in payment of the Purchasers account, but are not accepted as a notification of any change of business structure or name, nor transfer of any debt. Payment claims are made under the Construction Industries Securities of Payments Act 1999
I. “GST” has the same meaning it does in section 195-1 of the GST Act. II. “GST Act” means A New Tax System (Goods and Services Tax) ACT 1999 and any related or similar legislation
3. INSPECTION AND ACCEPTANCE
The Purchaser must inspect all goods on delivery and must within 48 hours of delivery give written notice to the Supplier of any failure of the goods to comply with the specification in the Sales Invoice. Failing such notice and, to the extent permitted by statute, the goods will be deemed to have been delivered and accepted by the Purchaser.
At its sole discretion the Supplier may accept returned goods. Authorised returns must be freight prepaid by the Purchaser. The Supplier will only be obliged to allow credit for returned goods if:
I. On delivery, the goods do not comply substantially with the specifications in the sales invoice relating to those goods.
II. The Purchaser makes a written claim for return of the goods specifying the non-compliance within 48 hours of delivery.
III. All returned goods are accompanied by the Suppliers’ original invoice or original invoice number.
IV. All returned goods are returned in a saleable condition.
The Supplier reserves the right to charge a handling fee equal to 15% of the price of the returned goods or $25.00 (whichever is greater) unless the Purchaser is a “consumer” for the purposes of the Trade Practices Act 1974 or similar State or Territory legislation. Goods specifically manufactured to the Purchasers’ specification are not returnable.
5. PURCHASER CANCELLATION
Unless otherwise agreed in writing, the Purchaser has no right to cancel an order that has been accepted and commenced by the Supplier.
Any date quoted for delivery is an estimate only and unless a written guarantee specifically referring to damages for failure to deliver by a quoted date is given, the Supplier is not liable to the Purchaser for loss or damage arising from that failure to deliver.
7. PART DELIVERIES
The Supplier reserves the right to make part deliveries of goods, and each part delivery constitutes a separate sale of goods on these Terms and Conditions. A part delivery of goods does not invalidate the balance of the order.
The Supplier is a member of the Australian Window Association (AWA) and warrants that the goods supplied will be merchantable quality and fit for the purpose as prescribed under the Trade Practices Act. For the warranty to apply the Purchaser must comply with the following conditions: Upon discovery of any defect in the goods, the Purchaser must notify the Supplier in writing; The Purchaser must not carry out any remedial work to alleged defective goods without first obtaining the written consent of the Supplier to do so; The alleged defects will be dealt with in accordance with the Trade Practices Act under which the Supplier liability is limited to the cost of replacing the goods, the cost of obtaining equivalent goods, or the cost of repair of the goods, whichever is the lower amount.
9. PASSING OF PROPERTY AND RISK
1. Risk in all goods sold by the Supplier to the Purchaser passes to the Purchaser immediately on delivery, into the Purchaser’s custody or at the Purchaser’s direction (whichever is the sooner). The Purchaser must then insure the goods at its cost against such risks as it considers appropriate.
2. Legal and beneficial ownership of the goods will be retained by the Supplier until the Purchaser pays to the Supplier all amounts the Purchaser owes to the Supplier on any account. Until such time as title and property in the goods pass to the Purchaser:
I. the Purchaser must store the goods in such a manner as to show clearly that they are the property of the Supplier
II. the Purchaser may sell the goods in the ordinary course of its business, as agent for the Supplier and must account to the Supplier for the proceeds of sale (including any proceeds from insurance claims). Such proceeds of resale must be held in trust for the Supplier by the Purchaser and must be maintained by the Purchaser in a separate bank account; and
III. the Purchaser acknowledges that it holds the goods as bailee for the Supplier and a fiduciary relationship exists between the Supplier and the Purchaser.
3. The Purchaser authorises the Supplier at any time, to enter onto any premises upon which the Supplier’s goods are stored to enable the Supplier to inspect the goods and/or if the Purchaser has breached these Terms and Conditions, reclaim the goods and/or inspect the Purchaser’s records pertaining to the goods held and copy such records.
4. If the Suppliers goods are mixed with or added to goods belonging to a third party, the Supplier and the third party will be deemed to own the resultant goods to the extent whereby the Supplier’s ownership will be the proportion of the value in proportion to the value of the goods incorporated into the resultant goods. This clause must not be read as giving the Supplier any interest in that part of the resultant goods which any other person owns and does not operate as a charge over that other person’s interest.
“The Supplier” means Plustec Pty Ltd. “The Purchaser” means the private person or a Sole Trader, Partnership or Company completing this form. The “Guarantor” means any person who guarantees the Purchaser’s obligations under this application.