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The following terms and Conditions apply to the sale of all products
supplied by CONTAP INDUSTRIES PTY LTD (ABN
52 065 525 386) and Associated Principal Companies, all
of which are referred to as “The Company”.
| 1- |
GENERAL: |
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| a) |
All Orders placed with The Company shall only be accepted
subject to the Term and Conditions of The Company. |
| b) |
The Company and The Buyer agree that any contract arising
between them from a Quotation, Sale of goods or services shall
in all respect operate as a contract made in the State of New
South Wales, and shall be subject to the jurisdiction of the
court of New South Wales. |
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| 2- |
PRICING: |
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| a) |
Prices contained in this price list are subject to variation
without notice. |
| b) |
Goods are invoiced at prices ruling at the date of dispatch. |
| c) |
Unless agreed in writing by The Company, Prices quoted are
valid for thirty (30) days only and thereafter is subject to
increases without notice. |
| d) |
Prices are quoted ex The Company store in Sydney. |
| e) |
GST to apply where applicable. |
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| 3- |
TERMS OF PAYMENT: |
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| a) |
Unless otherwise agreed in writing by The Company all prices
are strictly nett and payable in full in thirty (30) days
from end of the month in which goods are invoiced. |
| b) |
All overdue accounts shall be subject to (2%) interest charge
per month, or other percentage that may be determined by The
Company from time to time, which is calculated on day to day
basis on overdue accounts. |
| c) |
If The Buyer fails to make payment by due date, The Company
will place the account on “stop credit” for further
supply of goods or services. |
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| 4- |
CANCELLATIONS: |
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All cancellations and adjustments MUST be
faxed to The Company, under no circumstances will any verbal
correspondence to the above will be accepted. |
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| 5- |
RETURN OF GOODS/CREDIT CLAIMS: |
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The Company shall be advised in writing for
return of faulty, damaged, and incorrect goods within ten
(10) days of receipt of goods.
Goods shall not be returned for credit except with the prior
approval of The Company and at the expense of The Buyer.
The Buyer shall bear all risks until The Company acknowledge
receipt of goods. Any credit allowed shall only be for the
current goods in a good and resaleable condition and shall
be subject to a twenty percent (20%) restocking fee.
The Company reserves the right to disallow any credit claims
made later than (30) days from date of dispatch.
Goods supplied as “special” (not stocked as standard
item) or made to The Buyers specification shall not be accepted
for credit without prior arrangements.
The Company shall not accept any claims for defective goods
without inspection and satisfaction of The Company’s
representative that goods are faulty in manufacture or material.
Defective goods shall be sent to The Company by authorised
carrier where at The Company’s discretion goods shall
be replaced, repaired. or credited to The Buyers account.
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| 6- |
DELIVERY: |
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| a) |
Orders to the nett value of $150.00 or over
will be delivered F.I.S. to The Buyers store within The Company's
metropolitan distribution areas, and free on transport for
all other destinations. Orders under $150.00 nett value will
attract a delivery charge for all areas as listed below. |
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| NSW |
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Sydney metropolitan
(The metropolitan area is bounded by and including Windsor,
Penrith, Wallacia, Camden, and Campbelltown). |
$6.00 |
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Newcastle, Central Coast and Wollongong
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$7.50 |
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ACT and Queanbeyan |
$10.00 |
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All other NSW country areas |
$15.00 |
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| QLD |
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Brisbane metropolitan |
$7.50 |
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Gold Coast, Sunshine Coast, Toowoomba |
$7.50 |
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Rockhampton, Mackay, Townsville and Cairns
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$15.00 |
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All other QLD country areas |
$25.00 |
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| VIC |
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Melbourne metropolitan |
$7.50 |
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Ballarat, Bendigo, Geelong and Warrnambool
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$15.00 |
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All other VIC country areas
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$20.00 |
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| TAS |
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Hobart metropolitan |
$12.00 |
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All other TAS country areas
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$20.00 |
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| SA |
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Adelaide metropolitan |
$12.00 |
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All other SA country areas
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$20.00 |
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| WA |
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Perth metropolitan |
$18.00 |
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All other WA country areas |
$30.00 |
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Above prices exclude GST. |
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| b) |
The Company shall endeavor to effect delivery
at the time requested by The Buyer but failure to do so, shall
not confer a right cancellation or refusal of delivery on The
Buyer or render The Company liable for any damages directly
or indirectly sustained by The Buyer as a result thereof. |
| c) |
The risk in the products shall pass to The Buyer
upon delivery to The Buyer or its Agent or to a carrier nominated
by The Buyer. |
| d) |
The Company shall retain all back orders and
deliver as soon as goods become available, unless otherwise
stated by The Buyer. |
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| 7- |
SERVICE CALLS: |
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| In the event of a service call being required
and it found that: |
| a) |
The product is not of The Company’s manufacture. |
| b) |
If faulty installation has occurred. |
| Then a service fee of $65.00 will
be charged, any work performed will be at $50.00 per hour. |
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| 8- |
INSPECTION OF GOODS DELIVERED: |
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| The Buyer shall examine the products after delivery
and The Company shall not be responsible for any misdelivery,
shortage, defect or damage to the products unless The Buyer
notifies The Company thereof within seven (7) days after the
date of delivery. |
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| 9- |
RETENTION OF TITLE: |
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| The tittle of goods shall remain with The Company
until payment in full has been received by The Company and discharged
any and all other indebtedness to The Company on any account
whatsoever including all applicable GST and other taxes, levies
and duties. |
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| 10- |
LIABILITY: |
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| The Company shall not be liable or responsible
for any loss, damage, injury to property or persons resulting
from supply of defective goods, and until its established to
the satisfaction of The Company that goods are defective due
to a fault in manufacture or materials, The Company’s
liability (if any) shall, to the extend permitted by Trade practices
Act, 1974, be limited in the absolute discretion of The Company
and discharged by the one of the following. |
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The replacement of the goods or supply of equivalent
products. |
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The repair of the product. |
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A price reduction by way of credit to the account. |
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| 11- |
SERVICE OF DOCUMENTS: |
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| a) |
The Buyer agrees that service of any notices or Court documents
may be affected by forwarding same by pre-paid post or facsimile
to the last known address of The Buyer. |
| b) |
A written statement of Debt duly signed by an authorised employee
of The Company shall be prima facie evidence and proof of the
amount of indebtedness by the customer to The Company at that
time. |
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