TERMS AND CONDITIONS OF SALE
Page 1 of 3
“Company” means Australian Visual Solutions ACN 053 632 803 of 113-119 Williams Road, Dandenong Vic 3175
“Purchaser” means the purchase of the Goods specified in the invoice; and
“Goods” means the products and services, if any, specified in the invoice.
These terms and conditions govern all contracts for the sale or supply of Goods by the Company unless otherwise agreed in writing
All orders are received subject to acceptance by the Company and the Company and the Purchaser agree all orders are given and accepted subject to these terms and conditions.
No order placed with the Company and accepted by it may be cancelled without the Company’s written consent and on such terms as the Company may stipulate.
Goods and Services Tax will be charged on all Goods. Prices quoted by the Company are exclusive of GST.
Prices are subject to change without notice.
6.1 Delivery dates given by the Company are approximate only and rely on prompt receipt of all necessary information regarding the order.
6.2 The Company will use its best efforts to meet an estimated date of delivery but will not be liable for any claim loss or expense sustained or incurred by any person and arising out of or as a result any delay in delivery due to any circumstance whatsoever.
6.3 Delivery discrepancy claims must be notified to the Company within 7 days after receipt of Goods. The notification must include details of the original invoice number.
7. LIABILITY FOR DELIVERY COSTS AND RISK
The following applies to all purchases of Goods from the Company:
7.1 Orders of a value of $350.00 or more to Purchasers in capital cities will be delivered on a free into store basis. Risk (but not title) in the Goods will pass to the Purchaser upon delivery to the Purchaser.
7.2 For orders totalling less than $350.00 by Purchasers in capital cities all costs of delivery to the purchaser’s premises will be borne by the Purchaser. Risk (but not title) in the Goods will pass to the Purchaser upon delivery to the carrier.
7.3 Orders of a value of $350.00 or more to Purchasers outside capital cities will be delivered on a free on board basis. Risk (but not title) in the Goods will pass to the Purchaser upon delivery to the carrier.
For orders totalling less than $350.00 by Purchasers outside capital cities, all costs of delivery of the Goods to the Purchaser’s premises will be borne by the Purchaser. Risk (but not title) in the Goods will pass to the Purchaser upon delivery to the carrier.
7.4 All Titan substrate orders will incur a flat $35.00 delivery charge for all metro areas. Outside metro areas will incur a $35.00 pallet charge and applicable freight rates will be charged.
8. RETURN OF GOODS
In every instance, transactions for return of Goods must first be approved by the Company. Approval will be considered by the Company only in circumstances where:
8.1 advice of any proposed return is given within thirty (30) days from date of invoice;
8.2 no Goods will be accepted for return unless they are in good order and condition; and, the original purchase invoice number must be supplied.
8.3 All goods returned will be subject to a restocking fee of 15% of the purchase price or $25.00, whichever is greater
Returns will be picked up by Company representatives, once a return authorisation form has been completed, and charges may be levied by the Company to cover handling, inspection and reconditioning costs and must be paid by the Purchaser in accordance with condition 9;
TERMS AND CONDITIONS OF SALE
Page 2 of 3
9. TERMS OF PAYMENTS
9.1 Cash, net within 30 days from date of invoice or as otherwise indicated in trading terms approved by Australian Visual Solutions prior to an order being placed by the Purchaser.
The Company reserves it’s right to stop supply to the Purchaser if any invoice is outstanding after 40 days from the date of invoice.
9.2 If payment is not made in accordance with the above terms, the Seller shall be entitled to:
- Require the payment of cash upon delivery or purchase of any further goods and/or services.
- Charge default interest at the rate of 1.5% per month calculated on a daily basis on any moneys due but
unpaid, such interest will be computed from the due date of payment.
- Charge mercantile agency fees per scale as follows:- 12% of first $3000, 10% of excess over $3000 plus
legal costs to scale.
- Cease supply of goods.
9.3 In the event of default of payment by the applicant in accordance with Clause 9.2 hereof all debt recovery costs
including legal costs on a solicitor/own client basis and any mercantile agent costs shall be deemed to be part of the
indebtedness of the applicant to the Company. A Certificate signed by a Director or a Secretary for the time being
of the Company as to any sum payable to the company pursuant to this Clause shall be conclusive evidence and
proof of indebtedness the applicant to the company at the time of the such Certificate.
9.4 These Terms and Conditions of Sale may be the subject of any variation or alteration by notice in writing to the
Buyer by the Seller. Such variation or alteration will apply as and from the date the notice is given or any other date
nominated by the Seller whichever should occur later.
10. RETENTION OF TITLE
Property in the Goods will not pass to the Purchaser but will remain in the Company until payment in full of the purchase price of the Goods supplied by the Company to the Purchaser.
Until payment of all monies owing by the Purchaser to the Company for the purchase of Goods is received in full by the Company:
10.1 the Purchaser holds the Goods as fiduciary and bailee for the Company;
10.2 the Goods must be stored separately and in a manner to enable them to be identified and cross-referenced to particular invoices; and
the proceeds of any Goods sold by the Purchaser must be kept in a separate account and must not be mixed with any other monies including funds of the Purchaser and the Purchaser agrees that those funds shall be held in trust for the Company.
If payment for the Goods is not made by the Purchaser to the Company by the due date then the Purchaser must deliver the Goods to the Company upon demand. If the Purchaser does not comply with a demand within 48 hours of receipt, the Company will be entitled to enter upon the Purchaser’s premises at any time to do all things necessary in order to take possession of the Goods. The Purchaser will be liable for all costs whatsoever associated with the exercise of the Company’s rights under this condition.
The Purchaser acknowledges that if the Goods are mixed with other products or items so that the Goods are no longer separately identifiable, then the Purchaser shall hold such part of the proceeds of sale of the new product as relates to the Goods in trust for the Company, such part to be equal to the amount owing by the Purchaser to the Company at the time of the receipt of such proceeds of sale.
11. PRODUCT WARRANTY
All terms, conditions and warranties implied by statute or general law for contracts of sale applicable to the Goods are, so far as is allowed by law, expressly excluded.
12. FORCE MAJEURE
Where the Company is unable, wholly or in part, by reason of an act of God, strike, lockout or other interference with work, war (declared or undeclared), blockade, disturbance, lightning, fire, earthquake, storm, flood, explosion, governmental or quasi-governmental restraint, unavailability or delay in availability or equipment or transport, inability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licences, authorities or allocations, and any other cause whether of the kind specifically enumerated above or otherwise which is not reasonably within the control of the Company (“force majeure”) to carry out any obligation under this Contract, the Company will notify the Purchaser of that force majeure and the performance of the Company’s obligations will then be suspended so far as it is affected by force majeure during the continuance thereof.
13. CREDIT REPORTING UNDER THE PRIVACY ACT 1988
The Company may disclose personal information relating to the Purchaser to a credit reporting agency and the Company may, in assessing the Purchaser’s application for credit or, if the application is accepted and subsequently any payment becomes overdue, obtain personal information from a credit reporting agency or other credit provider and seek from a credit reporting agency or other credit provider information about the Purchaser’s credit arrangement, and this information may include the Purchaser’s credit worthiness, credit history or credit capacity.
The Company may give to any other credit provider any credit information whether by way of report, record or otherwise relating to credit worthiness and notification of default at any time during the provision of credit under these terms and conditions.
TERMS AND CONDITIONS OF SALE
Page 3 of 3
14. INTEREST ON OVERDUE ACCOUNTS
Interest at the rate of 14% per annum or such rate as may be prescribed by subsection 2(1) thePenalty Interest Rates Act 1983 (Vic) (whichever is the lesser) will be payable on the amount owing on the daily basis accruing from the due date until payment in full.
15.1 The Company shall be entitled to rescind this contract if the Purchaser fails to comply with these terms and conditions or any other contract between the Company and the Purchaser for the sale and purchase of Goods from time to time. Such contracts are collateral hereto and any default by the Purchaser under another contract shall be default hereunder. This condition may not be waived or abrogated other than in writing by the Company.
The performance of the terms of this contract of sale by the Company shall not be taken as a waiver of any rights of the Company in respect of any other contract with the Purchaser.
The Company may terminate this agreement, with immediate effect, by notice in writing to the Purchaser, upon the occurrence of any one of the following events:
If the Purchaser entered into any composition or arrangement with its creditors or has a receiver appointed over any of its assets or is the subject of any resolution or petition for winding up or judicial management (other than for the purposes of amalgamation or reconstruction).
If the Purchaser has committed a breach of any terms of this agreement or any previous agreement for the purchaser of goods between the Company and the Purchaser and fails to rectify such breach (if capable of rectification) within 14 days of service of a notice in writing calling upon it to rectify such breach.
The Company considers the terms and conditions to be valid and reasonable and each term and condition is severable and independent. If any term and condition is considered to be unreasonable in any circumstance or invalid because it does not comply with any law the term and condition will be read down so as to give it legal effect. If this is not possible these terms and conditions will apply to the Contract as if the term and condition considered to be unreasonable or invalid has been detected.
18. GOVERNING LAW
This Contract will be construed according to the laws in force in the State of Victoria, Australia. The parties submit to the non-exclusive jurisdictions of the Courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with this Agreement.
NSW 5/33 Heathcote Rd, Moorebank, NSW 2170 Ph: 02 9601 6855 Fax: 02 9601 8611 (M->F: 8:30am-5pm)
QLD 21 Darnick St, Underwood, QLD 4119 Ph: 07 3457 2800 Fax: 07 3219 0070 (M->F: 8:30am-5pm)
SA 5 Rosslyn St, Mile End, SA 5031 Ph: 08 8354 4499 Fax: 08 8354 4477 (M->F: 8:30am-5pm)
TAS Rear, 24 Sunderland St, Moonah, TAS 7009 Ph: 03 6228 1155 Fax: 03 6228 1166 (M->F: 8:30am-5pm)
VIC 113-119 Williams Rd, Dandenong, VIC 3175 Ph: 03 9238 5244 Fax: 03 9238 5200 (M->F: 8:30am-5pm)
WA 2/23 Mordaunt Cct, Canning Vale, WA 6155 Ph: 08 6258 5740 Fax: 08 6258 5742 (M->F: 8:30am-5pm)
(Vic: Head Office ~ incl admin & accts)