TRADING TERMS
1. Property in the goods shall pass to the buyer only when the buyer has paid the seller all that is owing in respect to the goods.
2. All accounts are payable strictly 30 days from statement. Receipt of the full amount due by the seller shall evidence the passing of property in the goods to which the payout relates or is determined to relate by the seller if the buyer does not indicate otherwise. The buyer hereby authorises the seller at its discretion in appropriate any monies received against amounts due by the buyer to the seller in respect of the goods. If payment is not made by due date the seller reserves the right to charge the buyer interest at the rate of 15% per annum, determined on a daily basis, on all monies then outstanding.
3. The seller reserves the right to charge a monthly administration fee on overdue accounts.
4. The seller reserves the right to accept or decline any order in whole or in part.
5. The seller reserves the right to change prices without notice.
6. If by reason of any fact, circumstances, matter or thing beyond the reasonable control of the seller or the buyer either is unable to perform in whole or in part any obligation under this agreement such party shall be relieved of that obligation under this agreement to the extent and for the period that is so unable to perform and shall not be liable to the other party to this agreement in respect of such inability.
7. The seller reserves the right to make part supply of any order and each part supply shall constitute a separate contract. Failure to supply a total order shall not invalidate any contract as regards supply of part of the order.
8. No order may be cancelled except with consent by the seller in writing and on terms which will indemnify the seller against losses.
9. Claims for shortages, loss or damage must be made in writing by the buyer and forwarded to the seller within 5 days of the occurrence.
10. No returns shall be accepted by the seller unless authorised by the seller's representatives.
11. In the event that the buyers fails to pay for the goods in accordance with the time stipulated in Clause 2 hereof or within such alternative time as may be agreed, such failure will constitute a breach of this agreement and the seller shall thereafter be entitled to retake possession of the goods and to that purpose shall be entitled to enter upon the buyer's premises for the purpose of retaking possession of the said goods.
12. Nothing in these conditions of sale and any circumstance arising from the fact that the buyer obtains possession of the goods prior to obtaining property in the goods or any other circumstances makes the buyer the agent for the seller for any purpose whatsoever.
13. The contract of the sale of the goods is made in the State of Queensland and the parties agree to submit all disputes arising between them to the courts of such State and any courts competent to hear appeals there from.
14. Goods are sold by the seller only on these Conditions of Sale to the exclusion of anything to the contrary in the terms of the buyer's order notwithstanding that any such order is accepted on such terms as purpose to override these Conditions of Sale.
15. These Conditions of Sale contain the whole contract between the seller and the buyer and no variation of these Conditions of Sale shall be binding on the seller unless consented to on its behalf in writing.