The Company means Corporate Components (Australia) Pty Ltd. The Customer means any person, firm, or corporation that requests the supply of goods from the Company or that is the addressee of this documentation or quotation, including its employees, agents, successors, administrators, and assigns. Goods means all goods (including services) supplied to the Customer by the Company.
All goods sold by the Company are sold and supplied under these Terms and Conditions of Sale as amended from time to time by the Company at its discretion. The Customer shall be deemed to have accepted these Terms and Conditions of Sale and agree that they apply to the exclusion of all others by submitting an order or supply application to the Company, or accepting a quotation or delivery from the Company.
Quotations and Orders
Unless otherwise stated, a quotation by the Company is valid for 30 days. The Company reserves the right to vary or cancel a quotation at any time. The Company reserves the right to accept, reject, or amend all orders it receives. The Customer shall not cancel or vary its order without prior written agreement from the Company. All costs relating to an order dispute shall be borne by the Customer where a written order confirmation has not been received prior to despatch.
Goods and Services Tax
GST will be charged, where applicable, at the ruling rate as set down by the Australian Taxation Office.
Prices and Charges
Prices are subject to change without notice. The Company reserves the right to apply a service charge to all orders, and apply a surcharge to broken pack quantities, the amounts to be determined by the Company from time to time. The Company reserves the right to correct any invoicing errors or omissions at any time.
All goods shall be paid for before delivery or collection unless a credit account has been approved. Credit terms are payment in full within 30 days from the end of the month of supply, but the Company reserves the right to vary payment terms or withdraw approval of a credit account at any time. Where the Customer fails to pay the Company when monies are due and payable, the Company will act to recover the outstanding debt and may refuse to deliver further goods until payment is made to the satisfaction of the Company. The Customer shall pay to the Company all costs and charges incurred by third parties in attempting to recover the Customer’s debt. Where a cheque is dishonoured, the Customer shall pay to the Company the cost of all bank charges and service fees.
Every endeavour will be made to complete delivery within the period stated, but no liability can be accepted in regard thereto. The Company shall not be held liable for direct or consequential loss or damages arising out of failure or delay in delivery by the Company due to any cause whatsoever. The Customer shall not be relieved of its obligation to accept and pay for the goods by reason of delay in delivery. The Company reserves the right to deliver by instalments, and the failure to deliver any instalment shall not entitle the Customer to repudiate the contract. Unless otherwise agreed, the Company will deliver on ex warehouse terms, with the Customer to pay for all freight and other charges associated with the delivery. The Customer or its representative shall be present at the agreed place and time of delivery. If not present, the Company may unload the goods at that place and in which case it will not be responsible for any claims, costs or losses arising.
Return of Goods and Claims for Credit
The Customer shall inspect the goods immediately upon delivery, and give the Company written notice within five (5) working days from the delivery of any alleged discrepancy in quantity, description, faults or defects.
When goods are sought to be returned to the Company for any reason, prior authorisation from and arrangements with the Company must have been made before the return will be accepted, and the Company shall have no responsibility or liability for goods returned where it has not given its authorisation. Goods returned without prior authorisation may at the Company’s absolute discretion be returned to the Customer or retained by the Company, at the Customer’s cost, without prejudice to any rights or remedies the Company may have.
If credit is claimed for the return of goods, the Customer must advise the Company of the date and invoice number of the original delivery, and notify the Company of the claim within 14 days of the date of invoice, attaching a photocopy of the original invoice.
The Company reserves the right to reject claims for the return of goods supplied as part of a special sales promotion, obsolete or redundant goods, damaged or deteriorated goods, or goods sold on a “no return” basis. The Customer acknowledges that goods ordered on the Customer’s instruction, goods damaged or lost in transit, goods altered by the Customer or damaged after delivery to the Customer, and goods purchased on a “no return” basis, are not acceptable for return or credit.
Agreed returns are subject to a ten percent (10%) re-stocking fee and the Company reserves the right to amend the amount of this fee at any time. The Customer shall at its cost and risk return the goods in a saleable and merchantable condition free of any defects and packed in the same manner as they were received to the place specified by the Company. If goods are not returned within 14 days of the authorisation and agreed arrangements, the Customer shall not be entitled to any credit.
Any liability of the Company to the Customer in respect to the goods shall not in any case exceed the purchase price of the goods, and shall be limited to the replacement of the goods, supplying equivalent goods, repairing the goods, or making payment for the cost of such replacement, equivalent goods, or repair, as the Company so elects.
No warranties against faults and defects in manufacture are given by the Company, but where the manufacturer of the goods provides any warranty in respect of the goods, the Company shall use its best endeavours whenever possible to pass on to the Customer the benefits of such warranty. If such benefits include any assessment, repair or replacement of the goods, then the Customer shall be responsible at its cost and risk to deliver the defective goods to the place specified by the Company for such assessment, repair, or replacement.
Warranties are voided if written notice of claim is not received by the Company as soon as reasonably possible after a defect is discovered, if goods are improperly used or installed or fitting instructions not followed, if goods are modified, incorrectly stored, maintained or used, or repairs to the goods attempted by persons not authorised by the Company. The Company shall not be responsible for normal wear and tear, such as surface scuffs and scratches.
Subject to the Trade Practices Act 1974 (as amended), all warranties, terms, conditions, statements or undertakings whether express, implied, statutory or otherwise which relate to goods supplied by the Company or to these Conditions are excluded; and the Company, its officers, employees and agents, shall not under any circumstances be liable for any loss or damage whatsoever or however arising in contract, tort, or otherwise for any loss of profits or business opportunity or reputation, economic loss, consequential loss, injury, damages, labour or freight costs, travelling costs, costs of removal or installation, or expenses.
Rights in Relation to Goods
In relation to all goods supplied, the risk in the goods shall pass to the Customer on delivery, but property in the goods shall not pass to the Customer until full payment is made to the Company of all monies owing for those goods and for all goods previously or subsequently supplied.
Until property in the goods has passed to the Customer, the Customer shall hold those goods as bailee for the Company in their packaging as delivered and identify them as property of the Company, and the Customer shall be responsible for any loss, damage or conversion to the goods.
Where the Customer transforms the goods into other products or affixes them to other objects, the Company shall be given ownership as security of the new goods produced, until all monies owing from the Customer to the Company has been paid.
Where the Customer resells the goods, it does so as agent for the Company, and it must account to the Company for that part of the proceeds of the sale representing the invoice price of the goods, which shall be held separately in trust for the Company as the beneficial owner until payment of all monies outstanding has been made.
Until all accounts owed by the Customer to the Company are fully paid, the Company reserves the right, and the Customer authorises the Company, to enter the Customer’s premises or any place that the goods are held without liability for trespass or any resulting damage, and retake possession of the goods, and to keep or resell those goods.
The provisions of these Terms and Conditions and any contract between the Company and the Customer shall be governed by the laws of the State of Victoria.