1.0
|
GENERAL
These are the terms, which apply to all sales by Circle - C Transformers*
from the Issue Date. |
| 1.1 |
If any term of a contractual document in relation to a sale is inconsistent
with any of these terms, the terms of the contractual document will apply
to the extent of the inconsistency. |
| 1.2 |
These terms can otherwise only be varied by express agreement signed
by or for Circle C Transformers. |
| 1.3 |
An order may only be made in writing in machine-readable form in
English. |
| 1.4 |
Circle C Transformers can accept an order either by acceptance in
writing or in machine readable form in English. |
| 2.0 |
PAYMENT |
| 2.1 |
All payments will be made in full within thirty (30) days of the
last day of the month in which the invoice is issued. |
| 2.2 |
Circle C Transformers reserves the right to withdraw credit previously
available to a Purchaser at any time at Circle C Transformers discretion
and to require payment on or before delivery. |
| 4.0 |
PRICES |
| 4.1 |
All products will be supplied at Circle C Transformers current list
price from time to time. |
| 4.2 |
Circle C Transformers may alter any of its prices at any time and
from time
to time without notice. |
| 5.0 |
GST |
| 5.1 |
All prices in Circle C Transformers price list is quoted on a GST
exclusive basis. |
| 5.2 |
In addition to each amount payable for any products or services supplied
by Circle C Transformers, the Purchaser will pay one tenth (1/10th) of
that price
for GST. |
| 5.3 |
Circle C Transformers will issue a tax invoice to the Purchaser for
the GST payable and may incorporate the tax invoice in the invoice for
the supply of
products and services. |
| 5.4 |
In this clause GST means Goods & Services Tax. |
| 6.0 |
DELIVERY |
| 6.1 |
Products will be released to the Purchasers carrier or to the premises
of Circle C Transformers or Circle C Transformers’ agent. |
| 6.2 |
Products will be at the sole risk of the Purchaser for all purposes
from
the moment of release to the Purchaser or the Purchaser’s carrier. |
| 6.3 |
If, at the request of the Purchaser, Circle C Transformers or its
Agent arranges for the carriage of Products from the premises of Circle
C Transformers, the arrangements will be made by Circle C Transformers
or its agent on behalf of
the Purchaser and at the Purchaser’s risk and cost in all respects. |
| 7.0 |
TITLE |
| 7.1 |
Beneficial title to the products sold by Circle C Transformers will
not pass to the Purchaser until payment in full has been made, except in
the case of a
bona fide resale to a third party on Market terms. |
| 7.2 |
The Purchaser will hold as trustee for Circle C Transformers: -
any products for which the price has not been paid, except products
which have been resold to a bona fide purchaser on market terms; The book debt
represented by any resale of products for which payment has not been received
by the Purchaser; the proceeds of any resale of products for which payment
has not been received by the Purchaser -
the book debt represented by any resale
of products for which payment
has not been received; and
the proceeds of any resale of products for which
payment has not been received by the purchaser – in the case of book debts and the proceeds
of resale to the extent of the moneys due by Circle C Transformers to identify
the products and the supply. |
| 8.0 |
CREDITS |
| 8.1 |
Products which have been supplied and which had not been ordered
may be returned and credit will be allowed if they are returned in accordance
with this clause. |
| 8.2 |
Such products must be returned at the cost of the Purchaser with
seven (7) days of receipt in the same order and condition as they left
Circle C Transformers premises or the premises of Circle C Transformers
agent. Such products must be returned at the cost of the Purchaser with
seven (7) days of receipt in the same order and |
| 8.3 |
Otherwise, no credit will be allowed for the return of any products
unless Circle C Transformers prior consent has been given. |
| 8.4 |
Circle C Transformers will not withhold consent to the return of
products in respect of which the Purchaser is able to establish that the
manufacture of the products was defective. |
| 8.5 |
Other than in the case of products which had not been supplied, the
credit allowed will be the net invoice price and the GST paid less ten
(10%) percent of the net invoice price as a restocking charge. |
| 8.6 |
Any goods returned for credit must be accompanied by sufficient details
of the dispatch note or invoice in respect of the original release of the
products to the Purchaser to enable Circle C Transformers to identify the
products and the supply. |
| 9.0 |
SPECIFICATIONS
Circle C Transformers may, at any time: -
withdraw a product;
replace a product;
alter or modify any product;
change the specifications as to the capacity or
use of the product;
Change the specifications of a product as to design, raw materials,
components, appearance or otherwise – and will not be liable to the
Purchaser for any loss of which a Purchaser or any other person may incur
as a result. |
| 10.0 |
WARRANTIES |
| 10.1 |
All warranties, representations, terms and conditions which might
otherwise be implied into or form part of the contract for sale of products
for any reason are excluded to the extent that they are expressed in these
terms and in any other contractual document in relation to the sale. |
| 10.2 |
The liability of Circle C Transformers to the Purchaser or to any
other person is excluded or limited:
except as expressly provided by these terms; and
otherwise
to the full extent allowed by law. |
| 10.3 |
The Purchaser will, on any resale of products and in the provision
of any services in relation to the products, not give expressly or by implication
any warranty, representation, term or condition other than those expressly
authorised by Circle C Transformers in writing. |
| 10.4 |
If a Purchaser or a user of products is able to establish a defect
in the design, manufacture of or materials used in a product, and provides
evidence of the defect within twelve (12) months from the date of installation
or eighteen (18) months from the date of sale by Circle C Transformers
whichever is earlier, Circle C Transformers will at its election:
replace the product; or
repair the product;
pay to the Purchaser or the user the cost of replacement or repairing
the product – in each case at Circle C Transformers election. |
| 10.5 |
The maximum liability of Circle C Transformers in respect of the
supply of any product will be:
to resupply the product;
to repair the product;
to meet the cost of the supply of the product; or
to meet the cost of repair of the product. |
| 11.0 |
GOVERNING LAW |
| 11.1 |
These terms and the sale of any products or the provision of any
services in relation to the products, will be subject to:
the law of New South Wales; and
at the option of Circle - C to the exclusive jurisdiction of the Courts
of New South Wales |
| 12.0 |
INTEREST |
| 12.1 |
If money is owing by a Party to another Party, interest is payable
on the outstanding amount. |
| 12.2 |
Interest will be calculated from the date on which the payment became
due until the date on which the payment is made.
Interest will be calculated on a daily basis |
| 12.3 |
Interest will be charged at the rate applied by the Supreme Court
of New South Wales from time to time. |
| 12.4 |
Unpaid interest whether demanded or not will be capitalised monthly
and interest will be payable on unpaid interest so capitalised. |
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* Circle - C Electrical Industries Pty Ltd
ABN 37 104 419 445
Trading as Circle – C Transformers. |
