Terms & Conditions
GENERAL CONDITIONS OF ACCEPTANCE
The Seller is Hinterland Paint Supplies Pty. Ltd. trading as OZTRADE SUPPLIES having its registered office in Queensland at Unit 1/11 Jay Gee Court, Nerang, Qld. 4211.
Orders placed with the seller are subject to acceptance by the Seller and will be taken to imply that the purchaser has read and agrees to these conditions of sale. The purchaser agrees to accept the goods as ordered and invoiced and/or delivered to the purchaser's premises, whether receipt for which and acknowledgement of these terms of supply has been signed or not.
TERMS OF PAYMENT
The full purchase price shall be paid by the purchaser to the Seller on demand or within a period of thirty (30) days of the last day of the calendar month of this invoice. If the purchaser fails to pay the full purchase price as agreed, the seller may without prejudice to any other rights, charge account administration fees thereon at the rate of 2.5% per month.
RESERVATION OF TITLE
- The ownership of any goods sold by the Seller and delivered to the purchaser will be transferred to the purchaser when the purchaser has made payment in full for all goods and all that is owing to the Seller no matter on what grounds.
- The purchaser will store the goods in such a way that it is clearly the property of the Seller.
- In the event of payment for goods becoming overdue or other default, the Seller may recover and resell the goods.
- The Seller by its employees or agents may enter the purchaser's premises for the purpose of recovering possession of the goods in the event of payments for the goods becoming overdue or other default.
- Payment for the goods shall become due immediately upon the commencement of any act or proceeding in which he purchaser's solvency is involved.
- If the purchaser makes new goods or objects from the goods, mixes them with other goods/objects or they become a constituent of any other goods/objects, the Seller will be given ownership to the new goods/objects as surety for full payment by the purchaser.
- Until full payment, the purchaser shall keep the new goods in question in the purchase's capacity as fiduciary owner and will store them in a way they can be recognised as such.
- The purchaser has the right to sell the goods to third parties in the ordinary course of business.
- The Seller shall have a right to any claims the purchaser may have against third parties emanating from sale of the goods or new goods/objects into which they have been incorporated.
- In the event of sales to a third party by the purchaser of the goods or new goods/objects into which they have been incorporated, the Seller shall have the right to trace the proceeds thereof.
RISK OF LOSS OR DAMAGE
The risk of loss or damage or injury to the goods shall pass to the purchaser from the time the goods are dispatched to the purchaser including the period the goods are in transit between the Seller and the purchaser and whilst at the purchaser's premises.
EXCLUSION OF WARRANTY
Notwithstanding the provisions hereof they shall be read subject to any implied terms, conditions or warranties imposed by the Trade Practices Act 1974 as amended, the Sales of Goods Act (Qld) 1896 as amended insofar as such legislation may be applicable and prevents either expressly or impliedly the exclusion or modification of any such term, condition or warranty.
Subject to any warranty, condition, description or representation made with writing in any formal contract between the Seller and the purchaser with respect to sale of the goods, the subject of this invoice, no warranty, condition, description or representation on the part of the Seller is given or is to be implied from anything said or written in the negotiations between the parties or their representative prior to the is agreement and any statutory or other warranty, condition, description or representation (express or implied) as to the state, quality or fitness of the goods subject to this agreement is hereby expressly excluded.
Order for materials received by the Seller are accepted with the understanding that they are not subject to cancellation nor can goods once shipped or otherwise delivered by returned unless in a circumstance envisaged in the terms and conditions herein.
RETURN OF GOODS
Further to the terms of supply unless the words "Non-Returnable" are shown on this invoice the goods may be retuned for full credit within 14 days of the date of this invoice at the sole discretion of the Seller.
Any contract for the sale of goods the subject of this invoice shall be governed in all respects by the laws of the State of Queensland.