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Terms and Conditions
Terms and Conditions of Sale
The term "seller" hereinafter used, refers to PAGE FURNISHERS Pty Ltd. The term "buyer" means the person, firm or Company (incorporated or not) to whom the goods or works described on the reverse side hereof are being supplied, and "works" means the supply of materials and such labour and skills as are necessary for the carrying out of work specified herein in a good and workmanlike manner.
Reservation of Title
It is expressly agreed and declared that the title of the subject goods/products shall not pass to the buyer until payment in full of the purchase price. The buyer shall in the meantime take custody of the goods/product and retain them as the fiduciary agent and bailee of the seller.
The buyer may resell but only as a fiduciary agent of the seller. Any right to bind the seller to any third party by contract or otherwise is however expressly negative. Any such resale is to be at arms length and on market terms or pending resale or utilisation if any manufacturing or construction process, the goods are to be kept separate from its own, properly stored, and protected and insured.
The buyer will receive all proceeds or consideration whether tangible or intangible, direct or indirect of any dealing with such goods/product in trust for the seller and will keep such proceeds or consideration in a separate account until the liability to the seller shall have been discharged.
The seller is to have the power to appropriate payments, or consideration for such goods and accounts as it thinks fit not withstanding any appropriate by the buyer to the contrary.
In the event that the buyer uses the goods/product in some manufacturing or construction process of its own or some third party, then the buyer shall hold such part of the proceeds or consideration of such manufacturing or construction process as related to the goods/product in trust for the seller, such amount shall be deemed to equal in dollar terms to the amount owing by the buyer to the seller at the time of the receipt of such proceeds or consideration.
If the buyer fails to make payment in accordance with stated terms default interest will be charged at a rate of 1.5% per month on a cumulative basis on all overdue amounts (including late payment charges and amounts other then the price) calculated on a day to day basis on monies due and unpaid, such interest to be computed from due date of payment and the parties agree that such default interest is not a penalty but is a true measure of damages incurred by the seller, payments received from the buyer will be credited first against any default interest and all such interest shall be payable on demand.
Claim from buyers, all costs relating to any action taken by the seller to recover monies or goods due from the buyer including any mercantile agents costs and legal costs and disimbursements on a solicitor - client basis; and cease any further deliveries to the buyer and terminate any agreement in relation to products or services that have not been delivered
Packaging and delivery will be additional to the price supplied unless otherwise stated in the quotation.
Cancellations are accepted only if payment of the cost of goods, labour and materials expended to date of cancellation, are paid on that date.
The seller is not responsible for: -
Late delivery of goods and/or materials due to circumstances beyond the control of the seller;
Goods or materials not manufactured by the seller unless the manufacturer indemnifies the seller under a warranty;
Delays caused by nominated sub - contractors;
Replacement materials supplied or extra labour incurred where any size or measurement given by the buyer is incorrect; or
Any claim under this contract not lodged within seven (7) days of practical completion.
All phone orders must be confirmed in writing as soon as possible. Should any order not be so confirmed then the seller will not accept responsibility for any incorrect deliveries.
Electric power is to be supplied where necessary, free of charge to the seller.
The seller will use its best endeavours to carry out any contract or order placed with the seller, but if its ability to do so or to obtain the necessary goods, labour and/or materials or if the cost thereof or of obtaining or importing the same, be adversely affected (directly or indirectly and whether by circumstances already existing or otherwise) by war, any law or provision having or purporting to have the effect of law, strikes, lockouts, civil commotion, restraint of governments or rise in freights, duties or other charges, acts of God, fire, loss at sea or any other cause beyond the sellers control then the seller shall have the right to terminate any such contract or to extend for such reasonable times as the circumstances may require the date for completion thereof or to cancel such order without being liable for any antecedent breach due to the above causes or any of them or any combination of them but shall be entitled nevertheless to payment for any works already performed or goods already delivered hereunder calculated on the basis of the price rates contained in the quotation.
G.S.T. will be charged extra on invoices in accordance with the Commonwealth G.S.T. Regulations.
If any works is suspended by or on behalf of the buyer for a period of seven (7) days the seller is entitled to payment in full for the portion of the works completed.
Any damage done by other trades during the works or after practical completion is the responsibility of the buyer who is also responsible for all rectifications or modifications required of the seller is respect thereof.
Trade cleaning only of supplied product is included in the quotation. After trade cleaning the seller will not be responsible for soiling or damage to items by others including (but not limited to) other trades or for dirt caused by weather.
The buyer shall be responsible for obtaining all consents, permits, or other authorities for the works required under local government or any other by - laws or ordinances and for paying all fees required to obtain the same unless the seller otherwise specifies in writing.
There shall be no provision for retention.
The Debit balance of the account must not at any time exceed the Credit Limit.