This policy applies to all contracts of sale entered into by Bondline Static Control Solutions Pty Ltd (“Seller”) unless amended in writing and signed by an officer of the Seller. By acceptance of deliveries made in pursuance of any purchase order placed upon the Seller, the Buyer accepts the terms and conditions contained herein.
Successful applicants will receive 30 days trading terms from date of invoice and please note initial three orders require upfront payment prior to delivery.
Overdue accounts will be placed on hold and no further order will be fulfilled until the account has been settled. In the event the overdue account is passed onto a collection agency, the customer will be liable for all related costs.
All goods remain the property of the Seller until payment has been received in full.
Prices, Title & Risk
Unless otherwise agreed in writing, the price charged for the goods shall be the price as determined by the Seller at the date of delivery. All published prices are in Australian Dollars (AUD) and are subject to alterations without notice.
Title in and to the goods shall not pass to the Buyer until payment in full for all goods is made. The Buyer acknowledges that until title in and to the Goods passes to the Buyer in accordance with this clause, the Buyer holds the goods as trustee for Seller and that a fiduciary relationship exits between the Buyer and Seller in relation to goods held in trust by the Buyer for the Seller.
All sales are ex store point of consignment. Goods will be at Buyer’s risk following delivery to such carrier as Seller may engage on Buyer’s behalf. Freight cost and risk of loss in transit are the responsibility of the Buyer.
Acceptance & Returns
Buyer shall accept or reject goods included in each consignment within 7 days from receipt. If Buyer fails to notify Seller in writing of its rejection and the reason therefore within such time period, Buyer will be deemed to have accepted such consignment. Returns for any reason (other than in situations where the Seller is required to accept a return of goods under the Australian Consumer Law) cannot be made without prior written authorisation from Seller and goods must be in their original boxes and packaging. Freight on authorised returns must be prepaid by Buyer. The Seller will not accept the return of goods specifically purchased, manufactured, machined or cut to size or to the Buyer's specification other than in situations where the Seller is required to accept a return of such goods under the Australian Consumer Law.
Warranty & Liability
The Seller warrants that any product sold will be free of defects in workmanship and material under normal use for a period of 12 months from consignment. This warranty does not apply when in the Seller’s opinion a defect has been caused by careless or improper handling, by alteration or repair by any other person than the Seller’s authorised representative, by non-adherence to operating instructions or by fair wear and tear.
The Seller under this Agreement is limited to:
- The replacement of goods or the supply of equivalent goods,
- The repair of goods or payment of the cost of having the goods repaired, or
- The refund of the price paid by the Buyer for the goods,
- The extent of the Seller’s product and public liability policies of insurance.
To the extent the law permits and notwithstanding any other clause of these terms and conditions, the Seller excludes all liability whatsoever to the Buyer arising out of or in any way connected with any consequential or indirect losses of any kind however arising and whether caused by breach of statute, breach of contract, negligence or other tort.
Consequential or indirect losses will be taken to include but not limited to:
- Any loss to income, profit or business,
- Any loss in the nature of overhead costs, and
- Any loss of reputation.
This contract shall be deemed to have been made in the State of New South Wales, and shall be governed by the laws of New South Wales.
Seller’s failure to insist upon strict performance of any condition herein shall not be deemed a waiver by the Seller of any rights which it may have hereunder.