1. DEFINITIONS
Where herein used the word “Holman” means Bookleaf Pty Ltd as trustee for the Eden Unit Trust trading as Holman Industries (Supplier) and the word “Purchaser” means the person, Corporation, Trustee, Partnership or Sole trader whose name and address appears on such documents (e.g. invoices) to which these terms and conditions of sale are expressly related.
2. TERMS
Payments for all goods are to be strictly made net thirty (30) days unless the Supplier has made an agreement with the Purchaser in writing to alter the payment terms. The Supplier at its absolute discretion can alter the terms of trade. The Purchaser will have fourteen (14) days to agree to the altered terms of trade from receipt of the written notice that the variations are not agreed to. The Supplier will have the right to suspend or withdraw credit facilities. Should the Purchaser not pay for goods within the credit terms provided or as agreed with the Supplier, a three (3) per cent per month charge will be incurred for the account being outstanding beyond the Suppliers trading terms. However, this will be waived if the account is paid within ninety (90) days of the invoice date. The Supplier reserves the right to withdraw credit at any time upon the provision of forty-eight (48) hours’ written notice. Upon cancellation, all liabilities incurred by the Purchaser become due and payable to the Supplier within seven (7) days.
3. PRICES
Prices set out and referred to in this resellers price list are recommended prices only and there is no obligation to comply with the recommendations. All prices are subject to alteration without notice.
4. QUOTATIONS AND TENDERS
Unless otherwise stated or agreed, quotations and/or tenders are valid for a period of thirty (30) days from the date of the issue of the quotation or tender. Placement or acceptance of an order either in writing or verbally will construe the acceptance of the Suppliers offer and the terms and conditions herewith.
5. DELIVERY
All metropolitan orders with a minimum order value of $250.00 or more will be delivered FREE INTO STORE (FIS) except for orders from the Northern Territory. Metropolitan orders for less than $250.00 will incur a freight charge of $25.00.
All regional orders with a minimum order value of $500.00 or more (excluding palletised poly pipe) will be FIS. For orders less than the minimum order value, customers can utilise their FOB service or incur a $25.00 freight charge, otherwise, customers must arrange their own transportation.
Customer locations will be identified as either metropolitan or regional status as per the Australia Post postal code listing except for locations within the Northern Territory.
6. RESTOCKING CHARGE
Subject to prior agreement with Holman, any goods returned for credit must be in the original condition the goods were purchased. A restocking charge of fifteen (15%) per cent will be applied to goods sent back for credit or exchange. Any freight charges incurred by the Purchaser in returning the goods with be for the Purchaser’s account unless agreed in writing to the contrary with the Supplier.
7. GOODS AND SERVICES TAX
All prices quoted are exclusive of GOODS AND SERVICES TAX (GST). The Purchaser must pay GST on any taxable supply made by the Supplier to the Purchaser. The GST is in addition to any consideration payable by the Purchaser to complete a taxable supply.
8. TITLE TO GOODS
Title to all goods sold by the Supplier to the Purchaser will only pass when payment has been received in full being for such goods. Pending the receipt of such payment the proceeds of the sale of the goods by the Purchaser shall be deemed to be
held in trust by the Purchaser for the Supplier and the Supplier retains the legal and equitable right in those goods supplied but not yet sold. At all times the Supplier shall be entitled to recover from the Purchaser the value of the goods as a liquidated sum. The Supplier has the right, with prior notice to the Purchaser, to enter upon any premises occupied by the Purchaser to inspect the goods of the Supplier and to repossess the goods which may be in the Purchaser’s possession when payment is overdue.
9. FUTURE DEALING
Unless otherwise agreed to in writing by the Supplier and notwithstanding any terms appearing in documentation provided by or on behalf of the Purchaser the terms appearing herein shall be incorporated by implication into all agreements by the Supplier to supply the Purchaser with goods.
10. GENERAL
(a) The Purchaser acknowledges that the conditions of sale as set out herein comprise the entire contract between the parties. The Purchaser further acknowledges that it has not been induced to enter this contract by any representation, advice or information given or made by or on behalf of the Supplier.
(b) These terms and conditions shall be governed by the laws of the State of Western Australia notwithstanding the place in which the goods are to be delivered. The Purchaser submits to the jurisdiction of the courts of the State of Western Australia including all courts of appeal therefrom.
11. MINIMUM INVOICE VALUE
A minimum invoice value of $250.00 for metropolitan orders and $500.00 for regional orders excluding GST applies. Orders under this amount will incur an administration charge of $20.00 plus GST.
12. SHORTAGES
The Purchaser must check all invoices and advise the Supplier of any shortages, omissions, or errors in dispatch within 7 days from the date of supply. Failing any advice from the Purchaser that the invoice contains any shortages or errors, the invoice is deemed accepted by the Purchaser.
13. GUARANTEES
As per the Manufacturers Scope of Use and Installation Guidelines, applicable Standards and or Industry Guidelines specifications, the Company is committed to replacing all material parts found to be defective within the guarantee period and within our Warranty terms and conditions, without charge. All “Guarantee” and “Warranty” provisions are subject to proper installation, storage & handling in accordance with Industry standards, guidelines, or Company’s instructions. No allowances will be made on any equipment for labour, freight, or consequential damages, only the cost of the defective products. The Supplier is not liable for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Purchaser because of the goods supplied under this agreement.
At the Suppliers discretion, the Supplier reserves the right to request comparative sampling against defective products to conduct due diligence testing as part of the Supplier’s customer complaint investigation process.
14. OVERDUE ACCOUNTS
A three (3%) per cent interest charge per month will apply to accounts outstanding beyond our thirty (30) day trading terms.
15. INDEMNITY
The purchaser agrees to indemnify the Supplier against any claim that arises out of the goods and services supplied under these terms and conditions, including any legal expenses incurred in enforcing its rights on an identity basis.
16. INSOLVENCY
If the Purchaser becomes insolvent, the Purchaser remains liable under this agreement for the payment of all liabilities incurred in relation to the supply of goods made under this agreement.