The following conditions shall apply in respect to the sale of the goods and services in connection with the goods and services provided by Progress Industrial Spray Pty Ltd to its customers.
Progress Industrial Spray Pty Ltd (PISL.) the seller and the customer (purchaser) agree to the following terms as a condition of trading:
- 1.1 The purchase price of the Goods and services shall be paid to the Seller in without deductions, 14 days from the end of the month of sale.
- 1.2 In respect of any unpaid balance remaining owing after the due date for payment thereof the Seller shall have the right to charge interest, compounded monthly, at the rate of 1.0% per month until payment is received in full.
- 1.3 If the full purchase price for the Goods is not received by the Seller on the due date for payment thereof the Seller shall have the right, in addition to its other rights at law and under the document to retake possession of the Goods and if the Purchaser has sold the Goods, the Seller shall be entitled to trace the proceeds of the sale of the Goods to the Purchaser and recover monies.
- 1.4 Payments using American Express and Diners Club cards attract a 3% surcharge.
- 2.1 The Seller will use its best efforts to deliver the Goods within the lead times agreed to with the Purchaser, or if no date is stated, within a reasonable time. The Seller shall not be liable for any loss or damage of any kind caused to the Purchaser arising from late delivery of Goods.
- 2.2 Where the Purchaser collects the Goods or arranges for delivery by the Purchasers agent then all risk in and to the Goods shall pass to the Purchaser upon removal of the Goods from the Sellers premises.
- 2.3 If the Purchaser unduly delays delivery of moldings for painting or the quality of the moldings are not acceptable for painting, the Seller may cancel the order. In the event of cancellation the Seller shall not be liable to the Purchaser for any reason whatsoever, including any loss purported to be suffered by the Purchaser.
3. TITLE AND RISK
- 3.1 Unless otherwise agreed in writing, risk in the Goods will pass to the Purchaser upon the sooner of the happening of:
3.1.1 the loading of the goods on an outside carrier vehicle of the Purchaser’s carrier; or
- 3.1.2 delivery to the Purchaser, his carrier or agent
- 3.2 Property and ownership in the Goods supplied by the Seller to the Purchaser will not pass to the Purchaser until all Goods the subject to this contract and all Goods supplied on similar terms by the Seller to the Purchaser (‘Current Accounts Goods’) have been paid for in full.
- 3.3 Until property and ownership in the Current Account Goods passes from the Seller to the Purchaser:
3.3.1 the Purchaser will keep them separately identified and stored in such manner as to show clearly that they are the property of the seller
- 3.3.2 the Purchaser will, at its expense, insure the Goods for their full value; and
- 3.3.3 the Purchaser as a fiduciary for the Seller may sell them in the ordinary course of its business and the proceeds of such sale shall be subject to the security of the Purchaser created by this document.
- 3.4 If the Purchaser defaults in payment of the purchase price in accordance with the terms of this contract, or if the contract terminates in accordance with these terms and conditions for any reason, the Seller and its employees or agents will have the right to enter upon the Purchaser’s premises or any other premises where the Goods are known to be stored to repossess the Goods and for this purpose the Purchaser will grant all reasonable access rights. Upon repossession of the Goods by the Seller, but not until then, the risk in the Goods must revert to the seller.
- 4.1 In the case where the Goods have been painted and or assembled by the Seller, the Seller warrants that the Goods will be within agreed specifications. Any faults outside the agreed specification due to faulty workmanship for a period of 14 days from the date of delivery of the Goods provided that
4.1.1 the defect has not arisen from ill-treatment, inadequate packaging, transport damage, or neglect of the Goods
- 4.1.2 the Goods have been used for the purpose intended
- 4.2 Where the moldings have only been painted by the Seller the warranty of the Goods is accepted by the Purchaser as being only the painting warranty given to the Purchaser.
5. LIMITATION OF LIABILITY
- 5.1 In all cases (except where such limitation is prohibited by law) the Sellers liability to the Purchaser regarding the sale of the Goods and the supply of any services in connection therewith shall be limited to, at the Sellers discretion but in each case at the Sellers own cost:
5.1.1 the replacement of the Goods with equivalent goods, or
- 5.1.2 the repair of the Goods
- 5.2 Except as provided for in any law, the Seller shall under no circumstances be liable for any consequential loss or otherwise to any party arising from the sale of the Goods and the supply of any services in connection therewith
- 5.3 Insurance of goods for fire theft while on sellers premises is the customers responsibility.
6. VARIATION IN WRITING
- 6.1 No variation of any of the terms contained herein shall be of any force or effect unless in writing and signed by both parties
7. PRIVACY AUTHORITY
- 7.1 The customer irrevocably authorise the seller, its employees, ad agents to make such enquirers as it deems necessary to investigate the credit worthiness of the customer from time to time, including the bankers of the customer, suppliers (information sources) and hereby authorises the information sources to disclose to the company such information concerning the customer which is in their possession.
8. IDENTIFICATION TAGS
- 8.1 All goods carry and identification tag (IT). It is acknowledged by the customer that should a problem arise after supply of goods by the seller which needs technical investigation, the information on this IT must be provided together with a description of goods. Where IT information is not supplied the onus is on the purchaser to return goods for further investigation before any technical evaluation can be carried out.
- 9.1 All returns must be pre-approved for return by the seller. Goods must be returned freight pre-paid in a condition able to be re-worked repaired.
- 9.2 In the case of parts returned without fault within the 7-day period, it is the purchaser’s duty to ensure the product is insured and that packaging is sufficient to protect from damage. Should damage occur the seller is entitled to charge repair costs. An administration cost of 10% of the value of the transaction is charged by the seller, as well as transport recovery costs, and packaging costs, if applicable.
- 10.1 The seller shall not be responsible to the purchaser if it is unable to supply any goods due to reasons beyond its reasonable control (including but not limited to acts of god, any government actions, war, natural or unnatural disaster, fire, explosion, equipment failure, strikes, lockout, shortage of raw materials, transport dialog and other force majeure occurrences).
- 10.2 The seller shall not be obligated to supply goods to the customer if the defaults in its payments and obligations above if the customer becomes bankrupt or goes into liquidation or voluntary administration or is unable to pay its debts as they fall due.
11. RIGHT OF CONTRACT
- 11.1 If Seller does reciprocal trading with the Purchasers then Seller reserves right of contract to apply receivables due against payments due from Seller.
Progress Industrial Spray uses its best endeavours to minimise risk at all times. The Purchaser agrees specifically to waiver any claims whether consequential or repairs against Progress Industrial Spray Pty Ltd due to misuse, accidental entrapment, failing to travel with lid adequately secured, collision damages, electrical failure, repairs or painting not carried out by Progress approved repairers, freight costs as a result of the above.
Progress Industrial Spray Pty Ltd. For more information, contact us.
Payments using American Express and Diners Club cards attract a 3% surcharge.