Standards Terms and Conditions of Sale |
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Credit
Account Application |
Consolidated Veneers |
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1. GENERAL
These conditions of sale are deemed to apply to all sales by Consolidated Veneers ("CV") to its customers unless they are specifically varied in writing by CV. These conditions of sale cannot be construed to apply to purchases made by CV.
2. PURCHASE ORDERS
Purchase orders placed by any
person, or in any firm or company through its employees, whether in writing or
verbally, are deemed to incorporate these terms and conditions.
Orders for products specially manufactured to a customer's specifications or any
products modified from CV's standard products as shown in it's currently
catalogue cannot be cancelled.
3. PRICES
Unless otherwise expressly
stated by CV in writing, all goods will be charged at the prices ruling on the
date the purchase order is accepted and are subject to the applicable taxes.
Prices include standard packing where applicable but the cost of any special or
export packing shall be to the customer's account.
4. PAYMENT
Payment is required by
account customers before the end of the month following the month of invoice
(net 30 days), unless otherwise expressly arranged in writing. However CV
reserves the right to require payment in advance or cash on delivery to any
customer.
Export sales are subject to the provision of an Irrevocable Documentary Letter
of Credit in favour of CV.
5. PROPERTY AND RISK
Risk in the goods shall pass
on delivery but legal and equitable title shall remain with CV until it has
received payment in full for those goods. Pending such payment the customer
shall hold the goods as Bailee for CV and shall return the goods to CV if so
requested.
Notwithstanding the foregoing, the customer as fiduciary may sell or deal with
the goods in the ordinary course of its business whereupon the bailment shall
immediately terminate.
The customer shall, if so required, identify the goods as belonging to CV.
All risks in respect of delivery will be borne by the customer from the time the
goods cease to be within the actual legal possession of CV or its agents.
6. RETURN OF GOODS/CLAIMS
Return of goods and claims
quoting invoice number are to be made within 7 days and are subject to prior
written approval by CV and are applicable only to standard catalogue products in
good condition.
All goods returned are subject to a restocking fee and the customer is
responsible for payment of freight on goods returned.
CV undertakes to manufacture special items to approved customer specifications
and drawings but any claims for replacement or rectification of these goods will
only be accepted within seven days of delivery.
7. PATENTS
Where CV has followed a design of instruction given by a customer, the customer will indemnify CV against all damages, penalties, costs and expenses to which CV may become liable through any work required to be done in accordance with those instructions involving an infringement of any patent, trade mark, registered design, copyright or common law right.
8. PRODUCT SPECIFICATIONS
CV reserves the right to vary product specifications without notice.
9. WARRANTY
All implied conditions,
warranties and undertakings, other than those implied by Part V of the Trade
Practices Act, are hereby expressly excluded.
Where the goods are of a kind other than goods ordinarily acquired for personal,
domestic or household use, CV's liability for breach of a condition or warranty
implied by Part V of the Trade Practices Act is limited, at its option, to the
replacement or repair of the goods or the supply of equivalent goods or to the
payment of the cost of replacing the goods, repairing the goods, or of acquiring
equivalent goods.
10. INDEMNITY
Without prejudice to any other rights CV may have, the customer shall indemnify CV for any loss, damage or expense incurred by CV should the customer cancel any order or breach any term thereof.
11. RETENTION OF TITLE
Irrespective of any credit
arrangement between CV and the customer unless a manager of CV agrees in writing
otherwise from time to time the following provisions of this clause 11 shall
override clause 5:
(a) property in the goods sold by CV to the customer will pass to the customer only after those goods and all other goods supplied by CV to the customer have been paid for in full
(b) goods supplied by CV to the customer will be at the customer's risk upon dispatch from CV and the customer will insure the goods and note the interest of CV
(c) until the goods have been paid for in full:
(i) the customer will store the goods in such manner as to show clearly that they are the property of CV; and
(ii) the customer may sell the goods in the ordinary course of business as agent for CV and shall account to CV for the proceeds of sale (including proceeds from claims on insurance) which proceeds will be kept in a separate bank account
(d) the customer irrevocably authorises CV at any time to enter and reclaim goods not fully paid for from on any premises owned or occupied or used for storage by the customer.
August 2005