TERMS OF TRADE
for Robyn Skeates Office Interiors Ltd.
(herein referred to as RSOI)
1. Applicability
a) These conditions shall apply to all contracts involving supply of goods by RSOI.
b) No person acting or purporting to act on behalf of RSOI shall have authority to waive or change these conditions orally, and any waives or changes have effect only if made in writing and signed on RSOI’s behalf.
2. Prices
a) The stated prices (whether listed, quoted or tendered) do not include GST or any other taxes, insurance or freight unless otherwise stated.
b) The prices listed are based upon rates and conditions ruling at the date of supply unless otherwise specified in writing and orders are accepted on the understanding that they are charged at the prices ruling at the time of delivery.
3. Payment Terms
Individual Payment Terms will be found on the Sale & Purchase Agreement, Tax Invoice or Delivery Docket; otherwise
a) Payment is due in full by the 20th of the month following the month of invoice.
b) If default is made in payment by the due date RSOI may (without prejudice to any other rights it has pursuant to these conditions or by law) withdraw any previously agreed discounts or special terms, and also may charge simple interest of 2 % per month (plus GST) from 30 days after the date payment became due until the date RSOI receives payment in full. Payments received after the due date will be applied firstly to the portion representing interest and secondly to the portion representing purchase.
c) “Payment” means the receipt by RSOI of cleared funds.
4. Ownership / Right of Repossession
The Customer hereby acknowledges that the goods supplied by RSOI shall remain the property of RSOI until RSOI receives payment for the same.
In the event of the Customer defaulting in any of these terms of this Agreement, the Customer hereby irrevocably gives RSOI or its representatives, servants, agents or employees leave and licence, at any time after the purchase of the goods have become due and has not been paid, and without the necessity of giving any notice, to enter on and into any premises occupied by the customer to search for and remove any goods supplied to or in which RSOI has ownership as aforesaid without in any way being liable to the Customer or any person or Company claiming through the Customer.
5. Insurance Risk
The risk with any goods supplied by RSOI to the Customer shall pass when such goods are signed for:
a) Upon delivery to the Customer
b) Delivered into the custody of a third party on the Customers behalf
c) Delivered to the Customer by a supplier of RSOI
d) At the point of collection by the Customer, such as at the point of sale or from RSOI premises
The Customer will insure the goods for their full replacement value for the benefit of RSOI until ownership of the goods has passed to the buyer.
6. Claims
a) Since methods and conditions of application use are beyond RSOI’s control, any liability whatsoever which RSOI may have under any implied or express statutory or other representation, warranty, condition or term made in connection with or applying in respect of the quality, state, condition, fitness or properties of any goods supplied by RSOI is limited to the goods on credit or payment of a price at the option of RSOI. In particular it does not extend to consequential loss and is conditional upon the buyer making a written claim to RSOI within a reasonable time of delivery and returning to RSOI a sufficient part of the goods to enable proper examination and testing.
b) No return of goods will be accepted by RSOI nor claims recognized unless the packing slip number is quoted. Return of goods will not be accepted unless the return is agreed by RSOI beforehand, nor if the return is made more than 7 days after the receipt of goods. Damage in transit on returned goods is at buyer’s risk.
7. Indemnity for Special Products
Products supplied specifically to Customer requirements are not returnable.
a) The Customer warrants that any design or instruction it requests RSOI to follow will not cause RSOI to infringe any patient, registered design, trademark, copyright or any other intellectual or industrial right.
b) Where RSOI follows any design or instruction given by the Customer in 7 (a), the Customer will indemnify RSOI against any damages, penalties, costs and expenses for which RSOI may become liable.