Electrotest Ltd Terms and Conditions of Trade
1. PRICES and TERMS
The goods shall be purchased or quoted on these Terms and Conditions and at prices prevailing at the time the goods are dispatched. All prices quoted exclude GST. These Terms and Conditions shall prevail unless varied in writing.
2. TERMS OF PAYMENT
1. Payment by 20th month following supply of goods for account holders only. For non account holders, payment is prior to delivery.
2. If payment is not received by the due date, then the Company may refuse delivery of further goods and stop further credit facilities.
Payments not made on due date may, at the Company’s sole discretion, bear interest from the date of the invoice at the rate of 2% per month until paid (or at such rate as shall be in force at the date of purchase).
4. CREDIT LIMIT
The Company may cancel orders in respect of any undelivered goods or may withhold delivery of future orders if the Customer’s account exceeds the credit terms set by the Company.
5. NON RECEIPT OR DAMAGE
All goods must be checked on receipt as to quantity and/or damage. Non receipt or damage must be reported by the Customer to both the Carrier and the Company within 3 days from the date of delivery, otherwise the claim may be rejected by the Company. The Company will replace goods covered by approved claims.
6. RETURNED GOODS
No goods shall be returned for credit without the Company’s prior written approval and at customers cost. A minimum of 15% restocking fee will apply.
All claims regarding goods supplied or allegations regarding goods not having been supplied as per invoice/packing slip shall be made within 3 days of delivery of the goods and in the absence of any claim the Customer shall be deemed to have accepted the terms of the invoices as correct and accept that the goods specified are as delivered. The company shall not be responsible for any damage to the goods supplied or as a result of the malfunction of the goods if:
1. The goods are fitted by an unqualified person; or
2. The goods are installed incorrectly; or
3. The goods are in any way adapted for an unintended use; or
4. The goods are modified or repaired using components not recommended by the manufacturer; or
5. The goods are incorrectly transported or stored.
8. CLAIMS RETURN POLICY
1. Good supplied in error are returnable for replacement or credit, providing the error is notified to the Company in writing within 3 days of delivery.
2. No claim will be recognised unless the goods are returned with the original invoice/packing slip, or the number and date of the invoice/packing slip are enclosed.
3. No claim will be recognised unless the returned goods are in saleable, undamaged and clean condition, and in the original packaging, complete with detachable accessories and instruction manuals.
4. The Company may at its sole discretion accept the return of goods surplus to the requirements of the Customer in which event the credit may not exceed 75% of the original amount charged for those goods.
9. RISK AND DELIVERY
Risk passes to the Customer on delivery of the goods. Delivery shall be deemed complete when the Company gives possession of the goods directly to the Customer, or possession of the goods is given to a carrier, courier, or other bailee for the purposes of transmission to the Customer.
1. Except as provided in the Consumer Guarantees Act 1993 and by the manufacturer’s written warranty (if any) the Company makes no
representation, condition, warranty or promise, express or implied, in respect of goods supplied to the Customer.
2. Except as provided in the Consumer Guarantees Act 1993, the Company shall not be liable for any loss of any kind whatsoever suffered by the Customer as a result of a breach of any of the Company’s obligations regarding the supply of goods or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss damage or injury caused to the Customer’s servants, agents, contractors, customers or other persons. The Customer will indemnify the Company against any claim by such persons.
3. The liability of the Company arising from a breach of any of the Company’s obligations regarding the supply of goods, or from any negligence on the Company’s part, its servants, agents or contractors (but not from any liability under the Consumer Guarantees Act 1993), will be limited to damages which will not exceed the price of the goods supplied.
4. Where the Customer purchases goods for a particular purpose, it is the Customer’s sole responsibility to ensure that the goods will be suitable for the Customer’s purpose, and the Company shall have no liability whatsoever in the event that the goods are not fit for the Customer’s purpose, notwithstanding any statements made to the Customer by the Company or its officers or employees.
1. Ownership reserved: It is expressly agreed that ownership is reserved and legal and equitable title to and property in all goods supplied by the Company is and remains vested in the Company until payment in full has been received by the Company.
2. Recovery of Goods: The Company may at any time before sale of any goods by the Customer recover and take repossession of such goods and otherwise exercise in relation to those goods any of its rights where those rights are also covered by common law, contract, statute or in any other way.
12. PERSONAL PROPERTY SECURITIES ACT 1999 (‘PPSA’)
1. The Customer grants to the Company a purchase money security interest in all present and after-acquired goods, supplied by the Company to the Customer described in any:
(a) quotation from the Company to the Customer;
(b) contract between the Company and the Customer including, without limitation, documentation (electronic or otherwise) supplementary to that contract and incorporated into that contract by reference or otherwise;
(c) purchase order or any other order for goods from the Customer;
(d) dispatch order, invoice, statement or remittance advice from the Company to the Customer.
2. At the request of the Company, and until all and any amounts due to the Customer have been paid in full, the Customer will promptly execute any documents and do anything else required by the Company to ensure that any security interest created constitutes a perfected security interest over all goods supplied by the Company. This obligation extends to providing the information required by the Company to complete and register a financing statement or financing change statement.
3. The Customer will not, without the prior written consent of the Company, agree to allow any person (including the Customer) to file a financing statement over any goods supplied by the Company while the Customer is liable to the Company for any debt.
4. The Customer will notify the Company immediately if the Customer becomes aware of any person taking any steps to file a financing change statement against any goods supplied to the Customer by the Company.
5. The terms ‘security interest’, ‘purchase money security interest’, ‘perfected security interest’, ‘personal property’, ‘financing statement’ and ‘financing change statement’ referred to in the above clauses have the meanings given by the PPSA.
13. PRIVACY ACT
1. The Customer authorises the Company:
(a) To collect and retain and use personal information about the Customer (the information contained in this document) for the following:
(i) Assessing the Customer’s credit worthiness.
(ii) Administering the financing, whether directly or indirectly of the Customer contracts(s) and enforcing the Company’s rights thereunder.
(iii) Marketing goods and services provided by the Company.
(b) To provide the information:
(i) to any person for the foregoing purposes
(ii) to employees and agents of the Company and any other person, in the ordinary course of business, for any of the foregoing purposes
(iii) to credit agencies for the purpose of maintaining effective credit records.
2. The Customer acknowledges:
(a) that the information is held by the Company at the address specified in this document, notwithstanding that it may also be held elsewhere by the Company and other persons for the purposes described above.
(b) that where information can be readily retrieved the Customer shall have access to it, the right to request correction and the right to be notified of action taken in response to any such request, subject to payment of any reasonable charge.
(c) that the aforesaid authorisations are irrevocable.
14. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration of the Company agreeing to supply goods and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to the Company the payment of any and all monies now or hereafter owed by the Customer to the Company and indemnify the Company against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
I/We ………………………………………………………………….……….. accept the above Terms and Conditions of Trade
(Name of Company or Account Name)
Signed in agreement: ……………………………………………….…………….…….
Full Name: ……………………………………………………. Date: ……….………
Witness Signature: ……………….………….…………………………………..…….
Full Name: ……………………………………………………. Date: ……….………