Where stated the “Supplier” means ENTO (Sales Equipment) , and includes its’ agents and servants. “Purchaser” shall mean any person, persons, firm or company to which a supply of goods is made. “Goods” shall be deemed as any items, accessories and/or service supplied by the Supplier.
Unless otherwise agreed in writing, the price charged shall be the price in accordance with the price advised to the Purchaser in the current Suppliers price list. This shall include any tax, excise or levy imposed by any government body in the sale, delivery or manufacture of the Goods.
3. RETENTION OF TITLE
Title of the Goods delivered shall pass to the Purchaser only when all the monies owing under this or any other contract are paid in full to the Supplier.
(a) Until full payment of all monies owing under these terms and conditions are received, the Purchaser shall store the Goods in a manner that clearly manifests the ownership of title to the Supplier.
(b) In the event of sale of the Goods to the Purchaser’s customers not withstanding the provisions of 3 (a) the Purchaser shall hold in its fiduciary capacity, a separate account in trust, all proceeds of transactions between itself and its’ customers where the transactions have involved the use by the Purchaser of the Goods supplied by the Supplier.
(c) In the event of a default of any of these conditions of sale and/or the appointment of a formal administration, receiver, liquidator or official manager over the Purchaser, the Supplier shall be given access to enter upon the Purchaser’s premises or elsewhere take possession of and remove any Goods subject to these conditions.
The Goods shall be at the Purchaser’s risk immediately on delivery to the Purchaser at any such address as agreed by the Supplier and the Purchaser.
(a) Any claims by the Purchaser on the Supplier for short delivery or delivery of incorrect Goods must be notified to the Supplier in writing within seven (7) working days after delivery of the Goods to the Purchaser.
(b) The Supplier in no circumstances may be found liable for loss or consequential damage as a result of late or non-delivery of goods.
5. RETURN OF GOODS
In the event of the Purchaser returning undamaged Goods to the Supplier, it is at the absolute discretion of the Supplier as to whether or not it will accept such Goods for return. Any credit in respect thereof shall be subject to:
(a) Return authority having been granted by the Supplier .
(b) Expenses incurred in the return of Goods, other than those delivered damaged or incorrectly, are the responsibility of the Purchaser, such expenses shall be deducted from any applicable credit and/or subsequent refund.
(c) Goods returned are returned in the same condition in which they were despatched from the Supplier.
(d) The Supplier accepts no responsibility for loss or damage of Goods during return transit
(e) Any Goods produced or procured to a Purchaser’s design or specifications may not be returned or rejected under any circumstances.
6.TERMS OF PAYMENT
Accounts are on a strict net 30 day basis. The Supplier reserves a right to vary these terms to net cash on delivery or net 7 days or other terms as agreed in writing.
(a) In the event payment is not made within 7 days of the due date, interest at the prevailing rate as prescribed by the penalty interest act of 1983, can be charged, such interest being calculated from the due date until payment in full is receipted.
7. PROPERTY RIGHTS
In the event Goods are manufactured and supplied to the Purchaser under the Purchaser’s specification or design,the Purchaser
(a) Warrants that there is no infringement of intellectual property rights or any rights of third parties.
(b) Shall also indemnify the Supplier in respect of any damages and costs incurred by the Supplier in relation to infringement proceedings brought by third parties.
The rights of the Supplier shall not be impaired if the Supplier waives any breach or default by the Purchaser or delays or omits to exercise or avail itself of its’ rights pursuant to these terms and conditions of sale. These terms and conditions are subject to the legislation and trade practices acts prevailing in the states and territories where the sale effeted.
.CBK COMPANY PTY LTD ABN: 84615227980 ACN: 615227980
33 Saintly Drive, Truganina, Vic 3029, Australia
Phone: (03) 9380 4944 Facsimile: (03) 9394 1177
E-mail: firstname.lastname@example.org Web Site: www.trolleysrus.com.au