ࡱ> IKH7 6#bjbjUU gO7|7|6l$.FFFFFi i i EGGGGGG$ ki G "i i i k FF i FFE i E 4 ) )F: X vM)0a )  TERMS AND CONDITIONS OF SALE To the fullest extent legally possible, all contracts made between Westend Pallets (Aust) Pty Ltd ABN 36 065 421 570 (the supplier) and its customers (the purchaser) in relation to any products or services supplied (the products) are subject to the following Terms and Conditions of Sale (these Terms). Unless otherwise stated in writing, the products are supplied by the supplier only on these Terms as set out herein. No addition or variation to these Terms will have any effect, unless expressly agreed in writing. Claims : No claims shall be recognised unless made within 7 days of delivery. Credit Limit : If the supplier grants any credit facility or nominates any credit limit, this is an indication only of its intention at the time. The supplier can vary or withdraw any credit facility at any time at its complete discretion and without any liability whatsoever to the purchaser or any party claiming through the purchaser and without affecting or derogating from these Terms or any obligation of the purchaser howsoever arising. Delivery: The purchaser acknowledges and agrees that a certificate purporting to be signed by an officer of the purchaser confirming delivery shall be conclusive evidence of delivery as shall any signed delivery docket whether signed by an employee of the purchaser or any other person on site with ostensible authority. The supplier reserves the right to charge a fee for any delivery. Exclusions: Samples. No contract between the supplier and the purchaser shall be or be deemed to be a sale by sample. In the event the supplier sells the products manufactured by any other party, it will accept no liability or responsibility of any sort whatsoever arising in relation thereto. The purchaser agrees to rely on its own knowledge and expertise in selecting the products for any purpose and that any advice or assistance given for or on behalf of the supplier shall be accepted by the purchaser at its own risk and shall not be or be deemed to be given as expert or adviser, nor to have been relied upon by the purchaser. Frustrated Delivery: Whereby by reason or any cause whatsoever the time necessarily spent by the supplier in attempting to or effecting delivery exceeds 30 minutes or requires more than one attempt, the purchaser agrees to pay all costs and expenses of the supplier thereby incurred, together with a loading of 10% to cover administration costs. Insurance: The purchaser agrees to insure the supplier from liability arising in any way, whether directly or indirectly, under part V, VA or VI of the Trade Practices Act, which insurance will note the insured interest of both the purchaser and the supplier. The purchaser will fully indemnify the supplier in relation to any loss, damage, claim or demand whatsoever or howsoever made against the supplier under any provision of the Trade Practices Act. Interest: will be charged on overdue accounts at 18% p.a. calculated monthly in advance. Jurisdiction: The purchaser agrees that all contracts made with the supplier shall be deemed to be made in the State of Victoria and submits to the jurisdiction of the appropriate court nearest Melbourne. Limitation of Liability; The supplier shall not be liable for or damage which is made after the expiration of 7 days from the date of delivery (or at all, once the products have been unpacked, on-sold or otherwise used or applied) after which there shall be deemed to have been a qualified acceptance. If the supplier elects to accept any liability it will be limited to the amount nominated by the supplier from the alternatives set out in Section 68A of the Trade Practices Act. On-Sale: The purchaser agrees that upon on-sale of the products by the purchaser to a third party the purchaser will import into and make part of any such on-sale, all these terms (as mutatis mutandis apply). Orders: The purchaser agrees, in the event of any dispute arising concerning any order (and including any telephone, facsimile or computer generated order) that the internal records of the supplier will be conclusive evidence of what was ordered in all respects. The purchaser agrees that each order it places shall be and be deemed to be a representation by it, made at that time, that the purchaser is solvent and able to pay all of its debts as and when they fall due. The purchaser agrees that failure to pay the supplier in accordance with these Terms shall be and be deemed to be conclusive evidence that the purchaser had no reasonable grounds for making the representation referred to in clause Orders (b) hereof. When any order is placed by it, the purchaser agrees to inform the supplier of any material facts which would or might reasonably effect the commercial decision by the supplier to accept the order and /or grant credit in relation thereto, and that failure to do so will create and be deemed to create an inequality of bargaining position and constitute and be deemed to constitute the taking of an unfair advantage of the supplier by the purchaser. Payment: to be received on or before the last day of the month following date of invoice or as arranged, without deduction and the purchaser agrees that the supplier's Delivery Note shall be prima facie evidence of delivery. Price: The price charges shall be the price ruling at the date of delivery unless otherwise agreed by written quotation. Any price indications or price lists are subject to alteration and price ruling at time of delivery. In any event, any price quoted shall remain valid for a maximum period of 30 days from the date of quotation, unless otherwise stated in writing. Products: shall remain the property of the supplier and shall not pass to the purchaser until payment is made and/or cleared by our banking institution), for the goods and for all other goods supplied by the supplier. Product Characteristic: The supplier makes no representation as to fitness or suitability for any particular purpose. The purchaser agrees to rely wholly upon its own skill and judgement in deciding to purchase or use and apply any product. The purchaser agrees to check the products for compliance with all relevant applicable standards and regulatory body requirements before use or application thereof. The purchaser agrees to use and/or apply the products in accordance with all applicable standards and regulations, with all the manufacturers recommendations and directions as well as with good trade practices. Purchasers Terms and Conditions: No terms and conditions of the purchaser shall apply except where consistent with these terms. Quotes: Every quotation is based on current stocks and prices (excluding taxes and GST) and is subject to withdrawal, correction, or alteration at any time prior to the suppliers acceptance of the purchasers order. Title: Legal title of the products shall not pass until payment in full of all monies owed whether for the products or otherwise (and no subsequent conduct by any of the parties will effect title unless by agreement in writing). The Supplier reserves the right to take possession of and dispose of the products as it sees fit at any time until full payment has been made. The purchaser grants permission to the supplier to enter upon any premise where any products are in the name of the purchaser, in order to do so and with such force as necessary: - Immediately upon delivery the purchaser accepts responsibility for the products. Returns: The supplier reserves the right to refuse to accept any returns. The purchaser acknowledges its obligation to inspect all product within 7 days of delivery Severability: Any part of these Terms, being a whole or part of a clause, shall be capable of severance without effecting any other part of these Terms. Variation: Any variation or cancellation of the products ordered must be approved in writing by the supplier. (August 2000) c ET}1:# !.ACKLN[@ M    Q ] d p  »»ݻݫ 6CJ]CJ5CJ 5>*CJ6CJOJQJ] CJOJQJ5>*CJOJQJ6CJOJQJ\] 5OJQJCJOJQJ\#j5OJQJUmHnHsH u5CJOJQJ> XY12BCN D K L qr$ & Fa$$ & Fa$$9^9a$$ & Fa$$a$d6# B N < I L `  I U 4@r{ ;G(4*5ST[]j^k1>Zfz 6CJ\]6CJOJQJ] CJOJQJ5>*CJOJQJ 5>*CJ 6CJ]CJPrST]^1,-CD 9$ & Fa$$ & Fa$$ & Fa$d$a$"MZlxn{DMOlx 89E 1= # ´´´ժժ´´6CJOJQJ]6@CJOJQJ]aJ@CJOJQJaJ5CJOJQJ CJOJQJ5>*CJOJQJ5CJ 5>*CJ 6CJ]CJ CJOJQJC!i!j!t!!""""$#%#6# $d^a$$ & Fa$$ & Fa$$a$d$ & Fa$# b o 1!>!i!t!!!!"%"4"?"""""""#"#$#%#'#5#6#CJPJ5PJCJ 5>*CJ 6CJ]CJ01h. 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