Unless Hartin Packaging Pty Ltd (hereinafter called the Company) agrees in writing to any alteration or other condition, the Purchaser's order is accepted subject to the following terms and conditions which apply to the whole or any executed part of an order.
The placing of an order with the Company is a full acceptance of these terms and conditions and any terms and conditions sought to be introduced by the Purchaser's order will be disregarded and form no part of the contract.
Prices are subject to change without notice and the price payable shall be the price which applies at the time of delivery unless the buyer and the seller agrees otherwise in writing at the time the buyer places the order for the relevant goods.
Unless otherwise instructed by the Purchaser, insurance cover for goods in transit will not be arranged. The Company will only accept instructions from Purchaser's for insurance cover if received by the Purchaser in writing either by post, facsimile or email.
Terms of Payment
Terms are COD unless credit has been approved by the Company. Where credit has been established terms are strictly Net cash 30 days from the end of the month in which the goods are invoiced. If any payment owed to the Company is not paid when due, it will bear interest at 2% per month from date on which it is due until it is paid. No account shall be deemed to be paid unless paid by cash or until the customer’s cheque has been paid at the applicant’s bank.
TREATMENT OF PAYMENTS
Any payments tendered by the customer to the company shall be applied as follows:
The company at its sole and unfettered discretion at any time and from time to time may set-off any amount owing by the company to the customer on any account whatsoever, including any monies held by the company for or on account of the customer, whether or not that amount has become due and payable or whether that amount shall be due actually or contingently against any amount owing by the customer to the company in respect of goods supplied by the company to the customer whether or not that amount has become due and payable or whether that amount shall be due actually or contingently with the effect that:
All reasonable efforts will be made by the Company to deliver the goods on the agreed date. Times for delivery quoted by the company are estimates only and the company will not be liable should delivery be made after the agreed date. The customer shall not be relieved from any obligation to accept or pay for the goods by reason of any delay in delivery.
The company will endeavour to deliver the quantity ordered by the customer, however for non-standard stock items or specially produced stock items the customer acknowledges the difficulty of producing exact quantities and agrees to allow a margin of 10% above or below the quantity ordered.
SELLER’S RIGHT TO DELIVERY BY INSTALMENTS
The company reserves the right to deliver by instalments and where the seller does deliver by instalments then:
Passing of Property
The risk in the goods shall pass to the Purchaser at the time of delivery.
Title to and risk in the goods delivered to a carrier for carriage to a Purchaser passes to the Purchaser when the goods are handed over or made available to the carrier. The Company may select any carrier as in its absolute discretion it sees fit and engage such carrier on such terms and conditions in its absolute discretion it sees fit.
The Company will accept no liability for damage to goods in transit not notified in writing to the Company and to the carrier concerned within seven (7) days from the receipt of the goods.
The Purchaser agrees that the legal title to and ownership of the goods is retained by the Company until and is only transferred to the Purchaser upon payment by the Purchaser to the Company of all sums owing to the Company, whether under this or any other contract with the Company.
When the Company has not been paid in full as set out above and the goods have been delivered to the Purchaser, then the Purchaser agrees:
- to keep and store the goods in such a way that they are clearly the property of the Company and are able to be recognised as such.
- if the goods have been sold by the Purchaser, the Purchaser acknowledges that such sale is by Purchaser as bailee for and on behalf of the Company, and agrees to hold the proceeds of the sale on trust for the Company until payment in full for the goods
- the Purchaser and its legal assigns hereby irrevocably give the Company, its employees and agents leave to enter any premises owned, leased or otherwise occupied by the Purchaser for the purpose of taking possession of the goods so long as monies are owing by the Purchaser to the Company, and the Purchaser agrees that the Company shall not be liable to the Purchaser or any person or entity claiming through the Purchaser for such action taken by the Company.
Requests by the Purchaser for cancellation of an order must be in writing either by post, facsimile or email. The Purchaser shall be liable to reimburse the Company for its reasonable costs in labour and material expended towards fulfilment of the order up to the date of such request for cancellation has been received by the Company.
Every effort will be made to perform the contract, but the due performance of the contract is subject to variation or cancellation owing to any Act of God, war, strikes, fire, flood, riot, act of terrorism, or any other cause beyond the Company's control or owing to the inability to procure raw materials or articles except at increased prices due to any of the above.
Sale to consumers within the meaning of the Trade Practices Act 1974,
- Except for any conditions or warranties issued in writing by the Company and except for those conditions and warranties implied by the Trade Practices Act 1974 or other sale of goods or consumer protection legislation which cannot be excluded, the Purchaser agrees that it has not relied on any inducement, representation or statement made by or on behalf of the Company in purchasing the goods and there are no implied conditions or warranties herein or collateral contracts in connection herewith (except such as may be in writing and signed by a duly authorised representative of the Company).
- To the extent that the goods the subject hereof are goods of a kind not ordinarily acquired for personal domestic or household use or consumption: the liability of the Company to the Purchaser for breach of any warranty or condition (other than a warranty or condition implied by Section 69 of the Trade Practices Act) or for breach of any duty of care shall in all cases be limited, at the Company's option, to any one or more of: the replacement of the goods or the supply of equivalent goods, the payment of the cost of replacing the goods or of acquiring equivalent goods. Without limiting the generality of the foregoing the Company shall not be liable for any special, consequential, direct or indirect loss, damage harm or injury suffered or incurred as a result of such breach.
Sale to non consumers within the meaning of the Trade Practices Act 1974,
-The Purchaser agrees that it has not relied on any inducement, representation or statement made on behalf of the Company in purchasing the goods and that there is no implied conditions or warranties herein and no collateral contracts in connection herewith (except such as may be in writing and signed by a duly authorised representative of the Company).
- The Company shall not be liable to make good any expenditure, damages and/or loss arising out of any user or dealing with any goods delivered pursuant hereto, howsoever such expenditure, damages or loss shall arise and whether from any defect in the goods or otherwise, the Company's liability being strictly limited to replacement of any defective goods on such goods being returned to the Company at the cost of the Purchaser.
If the Purchaser calls upon the Company to indemnify the Purchaser to a right accruing to the Purchaser under the Trade Practices Act 1974 in respect of any liability of the Purchaser to a consumer as a result of a breach of a condition or warranty implied by that Act in a contract for the supply of goods by the Purchaser to that consumer:
-in respect of goods that are of a kind ordinarily acquired for personal, domestic or household use or consumption, the foregoing provisions will not apply and the liability of the Company to the Purchaser as aforesaid in respect thereof is limited to indemnifying the Purchaser in accordance with the Trade Practices Act 1974.
-In respect of goods other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability of the Company to the Purchaser as aforesaid in respect thereof is, subject to the Trade Practices Act 1974, limited to a liability to pay the Purchaser an amount equal to the cost of replacing the goods.
Return of Goods
No goods shall be returned to the Company without the prior consent in writing by the Company and where goods are returned without such consent, they shall be returned to the Purchaser at the Purchaser's expense. If consent for return is given the customer must complete the approved “Goods to be Returned Advice” Form and return to the Company.
The company reserves the right to withhold supply to any customer who trades outside the agreed trading terms.
The waiver by the Company of any provision or breach of any provision of the contract shall not be construed as a waiver of any other provision, or a breach of any other provision.
Should any provision of these Terms and Conditions become unenforceable or be held void either in whole or in part for any reason then that provision shall be deemed to be deleted without in any way affecting the validity or enforceability of any other provision.
These conditions and any contract incorporating them shall be governed by and construed in accordance with the laws of the State of Victoria and the parties hereto accept the exclusive jurisdiction of courts exercising jurisdiction in that State.