Terms and Conditions of Sale
ORDERS
1. Minimum order value is $50 nett, Minimum hose length cut is 0.5mtr
2. Any order placed by a Buyer (the “Buyer”) with Austrahose (SA) is deemed to be an order incorporating these terms and conditions. If there is any inconsistency between these terms and conditions, the terms and conditions stipulated or referred to by the Buyer or the Buyer’s order, or any provision contained in Austrahose (SA) price list, these terms and conditions shall prevail.
3. The placement of an order either verbally or in writing constitutes acceptance of Austrahose (SA) terms and Conditions of Sale.
QUOTATIONS AND PRICES
4. Quotations are valid for 30 days only after which Austrahose (SA) reserves the right to change any quotation given.
5. Prices quoted do not include freight charges, which should be the responsibility of the Buyer, unless the quotation specifically provides otherwise.
6. Unless otherwise agreed in writing, the price charged for goods shall be the price ruling as determined by Austrahose (SA) at the date of delivery. Any price indications or price lists are subject to alteration in accordance with the price ruling at this date.
7. Catalogue list prices exclude GST. 10% GST will be shown on invoice.
8. Where applicable, any deferred terms charge is a variable rate subject to approval. The amount will be calculated as a percentage of the total invoice including GST.
PAYMENT AND DEFAULT
9. All accounts are due and payable not later than 30 days from the end of the month of the date the Invoice/s (goods) were purchased (“the due date”) subject to any express written agreement providing for varied terms.
10. In the event of default of payment by the due date or breach of any other obligation, Austrahose (SA) will be entitled to:
(a) interest on all amounts overdue, from the end of the month during which the purchase is made until the date of payment in full, at the rate of 2% higher than Austrahose (SA)’s current bank overdraft rate per annum (or such other rate as Austrahose (SA) may publish from time to time in lieu of that rate), calculated daily, plus
(b) the cost to Austrahose (SA) of recovering the overdue amount, plus
(c) payment for all purchases made by the Buyer from Austrahose (SA), the payment of which would otherwise not have been then due and payable, plus
(d) disallow any discounts otherwise claimable by the Buyer, plus
(e) terminate or suspend delivery of any order which is the subject of any other sale between Austrahose (SA) and the Buyer, plus
(f) cancel the Buyers commercial credit account with Austrahose (SA), plus
(g) treat the Buyer’s default as a repudiation of any existing contract for the purchase of goods and recover any unpaid sum from the Buyer by the way of liquidated damages.
11. Austrahose (SA) may at all times at its sole discretion and without being under any duty or obligation to provide reasons, review, alter or terminate the Buyer’s credit limit or payment terms without notice.
WARRANTY
12. Austrahose (SA) warrants all products free of defects in material and workmanship, any claims must be made within 14 days of shipment. This warranty is limited to replacement, item for item, which after examination
by Austrahose (SA) is deemed defective.
DELIVERY
14. All orders are ex-warehouse unless otherwise requested.
15. Where the Buyer collects the goods or a carrier is engaged by the buyer to collect the goods during transit, shall pass to the Buyer upon the placement of the goods by Austrahose (SA) in rail or road trucks at the point of loading for dispatch to the Buyer.
16. Any period or date for delivery stated by Austrahose (SA) is intended as an estimate only and is not contractual commitment. Austrahose (SA) will not be liable for any loss (including consequential loss) or damage suffered by the Buyer or any other person arising out of failure to meet an estimated delivery date.
Risk
17. The risk of products (including risk of any loss of or damage to or deterioration to products) supplied by Austrahose (SA) passes to the buyer from the time of delivery of the Products by Austrahose (SA) to or to the order of the buyer.
18. If any Product is damaged or destroyed before title passes to the buyer, Austrahose (SA) may (in addition to any other right or remedy under this agreement) receive all insurance proceeds payable for the damaged or destroyed product, whether or not the price of the Product has become payable under this agreement or under any contract for supply. This agreement is sufficient evidence of Austrahose (SA)’s right (as against the Buyer) to receive payment of the insurance proceeds without the need for further inquiry by any person dealing with Austrahose (SA).
Title
19. (a) The Buyer hereby acknowledges that title to all goods supplied and delivered will not pass to the Buyer until payment in full of all outstanding debts has been received by Austrahose (SA) and cheques are cleared. Austrahose (SA) hereby agrees to allow the Buyer to deal, sell or trade with the goods in the normal course of business, and for the Buyer to retain the sale proceeds of such sale or dealing, provided that the Buyer adheres to the terms and conditions of sale
(b) Until the date of final payment, the Buyer shall store all of the goods supplied by Austrahose (SA), so that they are clearly identified as the property of Austrahose (SA).
(c) In the event of any payment default for goods supplied under the normal trading terms and conditions as agreed to with Austrahose (SA), then Austrahose (SA) shall have the right (without giving prior notice) to retake possession of all the goods supplied, and the Buyer hereby authorizes and allows Austrahose (SA) or its appointed representative, servant, agent, or employee to enter the premises upon which the goods are stored or housed, for the purpose of retaking possession of the goods, and Austrahose (SA) shall not be liable for any costs, losses, damages, expenses or any other monies or losses suffered by the Buyer as a result of Austrahose (SA) retaking possession of the goods.
(d) The Buyer indemnifies Austrahose (SA) against any loss or damage to the products occurring prior to title passing.
DISCLAMIER
20. The information contained in our catalogues should be taken as a guide for use of hose and fittings. Pricing is subject to change.
21. Austrahose (SA) shall not be liable for any loss, damage or injury sustained by any person or loss or damage to property whatsoever and howsoever arising directly out of or in consequence of Austrahose (SA) supplying the buyer goods which are co-mingled by the buyer or third parties outside Austrahose (SA)’s works or which are blended by Austrahose (SA) to a special prescription supplied by the buyer or a third party at the request of the Buyer. Austrahose (SA) liability for any loss, damage or injury sustained by any person or loss or damage to any property will be limited to the price of any product purchased from Austrahose (SA) as a component of such prescription.
