TERMS AND CONDITIONS OF SUPPLY
1.1 Unless the context otherwise requires:
(a) “Australian Bollards” means Australian Bollards.
(b) “Purchaser” means the person, firm, company or organisation who places an Order with Australian Bollards. (c) “Goods” means all items the subject of an Order to be supplied by Australian Bollards to the Purchaser.
(d) “Services” means all services the subject of an Order to be supplied by Australian Bollards.to the Purchaser.
(e) “Order” means an order for Goods from Australian Bollards.
(f) “Express Warranty” means the warranty set out in Australian Bollards catalogues published from time to time.
(g) “Prescribed Terms” means the terms, conditions and warranties implied by law into contracts for the supply of goods or services or rights and remedies provided by law.
2 Entire Agreement
2.1 This Agreement :
(a) governs the terms and conditions on which all Goods or Services are supplied by Australian Bollards to the Purchaser; and
(b) supersedes and excludes all previous oral or written communications and representations made by Australian Bollards relating to the supply of the Goods or Services.
3.1 In relation to Goods purchased for re-supply by the Purchaser, all recommended retail prices are recommended retail prices only and there is no obligation on the Purchaser to comply with the recommendation.
3.2 Retail price calculated as list price + 10% GST.
3.3 All prices are quoted and will be invoiced in Australian Dollars.
3.4 All prices are subject to change without notice.
4 Minimum order value
4.1 The minimum order value is A$100 net. A surcharge will apply to orders below the minimum order value.
5 Standard Pack Quantities
5.1 Standard pack quantities (if any) specified in the price list are considered to be minimum order requirements. These pack quantities will not be broken.
6.1 Australian Bollards may accept an Order in whole or in part by notification to the Purchaser or by the supply of Goods or Services (in whole or in part) which are the subject of an Order. No other acknowledgment or receipt of money shall constitute an acceptance of the whole or part of an Order by Australian Bollards.
6.2 The Purchaser authorises Australian Bollards to complete any order form received from the Purchaser and agrees to be bound by the terms of the completed order form.
6.3 An Order from the Purchaser which has been accepted in whole or in part by Australian Bollards cannot be cancelled by the Purchaser without obtaining the prior written approval of Australian Bollards. The Purchaser agrees that if Australian Bollards accepts the cancellation, Australian Bollards may charge a cancellation fee.
6.4 The Purchaser acknowledges that Australian Bollards may, in its sole discretion, delay acceptance or delivery (or both) or adjust or cancel an Order made by the Purchaser, or part thereof.
Australian Bollards shall not be liable to the Purchaser for any such delay, adjustment or cancellation
6.5 Australian Bollards may take and publish photos of any products sold and installed by the company.
7.1 Estimated delivery date should be ascertained at the time of placing an Order and may vary depending on available stocks. Australian Bollards shall be under no liability should delivery or supply not be made by the estimated delivery date.
7.2 Unless otherwise agreed to by Australian Bollards, delivery of the Goods shall be deemed to be effected when the Goods are assembled and ready for dispatch at Australian Bollards premises.
7.3 The Purchaser may request Australian Bollards to arrange for delivery of Goods ordered. The Purchaser is liable to pay for the freight and all other costs in relation to any delivery of Goods.
7.4 Risk in the Goods passes to the Purchaser on delivery.
7.5 Notwithstanding clause 7.4, title in the Goods will remain with Australian Bollards until the full purchase price and all other amounts owing to Australian Bollards by the Purchaser in respect of those Goods (“Australian Bollards.Debt”) are paid.
7.6 If the Purchaser fails to pay the Australian Bollards Debt by the due date for payment and title in the Goods remains with Australian Bollards, Australian Bollards or its agents may recover possession wherever the Goods may be and the Purchaser must assist and indemnify Australian Bollards in relation to such recovery.
7.7 No restocking. Restocking at the discretion of NJM group – Australian Bollards
8.1 The Purchaser will check all Goods received against delivery dockets immediately upon receipt at destination. Subject to any Prescribed Terms which cannot be excluded or limited, unless notified to Australian Bollards in writing within forty-eight hours of receipt at destination, no claim for shortages or damaged Goods will be recognised by Australian Bollards and the Goods delivered shall be deemed to be in accordance with the Goods ordered.
9 Return of Goods
9.1 Australian Bollards. reserves the right to refuse the return of Goods incorrectly ordered. Prior authorisation of Australian Bollards must be obtained before returning any Goods. Should Goods be accepted for return, all returns must be accompanied by the original delivery docket or invoice. A minimum 30% restocking charge on the value of the Goods returned will be applied and freight must be prepaid.
9.2 Subject to any Prescribed Terms which cannot be excluded or limited, goods modified or ordered in at the Purchaser’s request cannot be returned.
9.3 No refunds.
10 Purchaser’s Acknowledgments
10.1 The Purchaser acknowledges that:
(a) the Purchaser does not rely upon Australian Bollards skill or judgment in relation to the purposes for which the Goods are
acquired; (b) the Goods may not produce satisfactory results if:
(i) they are not used strictly in accordance with Australian Bollards instructions (if any); or
(ii) they have deteriorated as a consequence of incorrect or prolonged storage by the Purchaser before use; and
(iii) Australian Bollards accepts no liability or responsibility for any such incorrect use or incorrect or prolonged storage of the Goods.
11.1 Unless credit facilities are established with Australian Bollards and maintained prior to placement of an Order payment shall be cash prior to delivery.
11.2 Where credit facilities are established Australian Bollards may charge interest at 2% per annum above the ANZ Bank ‘base’ rate quoted from time to time on the outstanding amount calculated from the due date for payment to the date the account is paid in full.
11.3 Australian Bollards may stop the supply of Goods to the Purchaser if the Purchaser’s account is outstanding after the due date for payment or a predetermined credit limit has been reached.
11.4 The full purchase price for Goods or Services shall become immediately due and payable if the Purchaser is insolvent.
11.5 Australian Bollards may, at its sole discretion, withdraw credit facilities at any time.
11.6 Liquidated damages do not apply.
11.7 No retention money shall be withheld unless prior agreement has been reached.
12 Limitation of Liability
12.1 This clause 12 is subject to the Express Warranty which forms part of this Agreement.
12.2 If liability for breach of a Prescribed Term is capable of exclusion it is hereby excluded.
12.3 If liability for breach of a Prescribed Term is capable of limitation it is hereby limited at the option of Australian Bollards to the repair or replacement of the Goods, or the cost of repairing or replacing the Goods, the resupply of the Services or the payment of the cost of resupplying those Services, as the case may be.
12.4 Subject to this Agreement and any Prescribed Terms which cannot be excluded or limited, the Purchaser shall indemnify and hold Australian Bollards harmless against all loss, damage and costs incurred by Australian Bollards resulting from any demands by any third party brought at any time arising from or otherwise concerning any of the Goods or Services.
13.1 Any taxes or Government charges imposed upon Australian Bollards relating to the supply of the Goods shall be an additional charge to the Purchaser.
14.1 All contracts with Australian Bollards shall be construed and interpreted in accordance with the laws of the State of Victoria, Australia.