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| Trading Terms |
The following terms and conditions apply to and form part of any contract between ALEXANDER BRANDS PTY. LTD. (the Company) and a
customer for the supply of goods or services by the Company whether or not quotations are given. These terms and conditions replace any previous
terms and conditions.
1. PRICES AND SPECIFICATIONS
(a) Prices and specifications are subject to change without notice. All prices are subject to any Federal, State or other taxes in effect at the time of despatch.
2. QUOTATIONS
(a) Quotations are current only until the date shown there on. The Company may amend, vary or withdraw the quotation at any time.
(b) No quotation given by the Company shall constitute an offer. An order placed by a customer (whether or not pursuant to any such quotation) is not
binding on the Company unless and until agreed to in writing by the Company.
(c) GST or import duty (if any) included in any quotation is based on the rates and methods of assessment in force as at the date of quotation. All variations
whether arising from statutory amendments, changes of interpretation or classification, or variations in the rates of tax or duty shall be charged to the
customer’s account.
3. PAYMENT
(a) Unless otherwise agreed to in writing all goods will be supplied on a C.O.D. basis. The Company shall be entitled to request payment of a deposit of such
amount as it thinks fit prior to the commencement of work on the customer’s order.
(b) The extension of credit shall be at the absolute discretion of the Company and where extended shall require payment by net cash within 15/30 days from
date of invoice. Unless otherwise agreed in writing.
(c) If the Customer defaults in the payment of any monies due to the Company, the Company shall be entitled to charge interest on all amounts not paid by
the due date for payment. Such interest shall be calculated on a daily basis from the due date for payment until the date the Company received payment
at such rate as may be determined by the Company, up to but not exceeding a rate of three percent (3%) per annum above the rate, charged by the
Company’s Bank on overdrafts in excess of $100,000.00.
4. DELIVERY
(a) Where goods are custom manufactured to the clients requirements involving printing, engraving or other decorating, we reserve the right to supply a final
quantity ± 5% of the ordered quantity.
(b) The invoice will reflect the exact quantity delivered. Where delivery of the goods is effected by way of part deliveries the Company shall be entitled to
invoice the customer for pro rata progress payments in respect thereof.
(c) Should the Company agree to defer delivery of any goods at the request of the customer, a storage fee equivalent to 2.0% of the invoiced value thereof
shall be payable by the customer for each month or part thereof that delivery of the goods is so deferred. This charge will be payable per our normal
trading terms.
(d) The Company shall not be liable for any loss or damage (including consequential loss or damage) arising from delay in delivery or failure to deliver due to
circumstances beyond its reasonable control and the customer shall accept and pay for goods notwithstanding late delivery.
(e) Unless otherwise agreed to in writing by the Company delivery of the goods shall be freight on. Where goods are delivered freight on, delivery to the
customer shall be deemed to be effected when they are loaded onto the delivery vehicle at the Company’s store.
(f) The customer shall be responsible for and shall indemnify the Company for loss or damage to the goods from the time of delivery until paid for in full.
(g) Shortages in delivery must be reported to the Company within 7 days of the date of receipt of the goods by the customer.
(h) Delivery to third parties may be arranged at the request of the customer subject to acceptance by the Company.
5. RETURNS AND CLAIMS
(a) NO CLAIMS WILL BE RECOGNISED UNLESS MADE WITHIN 7 DAYS FROM DELIVERY DATE
(b) All goods returned on account of ALEXANDER BRANDS PTY. LTD. should be sent only through our approved carrier, and we will not accept freight costs
for any goods returned other than by our approved carrier.
(c) Any claims whatsoever will not be recognised by ALEXANDER BRANDS PTY. LTD., unless a copy of the relevant invoice issued by us at the time of the
original delivery, is evidenced at the time of claim.
(d) A Credit Note will be issued for a breakage only after the goods have either been collected by our Representative or agent or returned to us as arranged.
6. WARRANTY
All implied conditions, warranties and undertakings, other than those implied by Part V of the Trade Practices Act, are hereby expressly excluded. Where the
goods are of a kind other than goods ordinarily acquired for personal, domestic of household use, then the Company’s liability for breach of a condition or
warranty implied by Part V of the Trade Practices Act is limited, at its option, to any one or more of the following –
(a) The replacement of the goods or the supply of equivalent goods.
(b) The repair of goods.
(c) The payment of the cost of replacing goods or of acquiring equivalent goods.
(d) The payment of the cost of having the goods repaired.
7. INDEMNITY
Without prejudice to any other rights the Company may have, the customer shall indemnify the Company for any loss, damage or expense incurred by the
Company should the customer cancel any order or breach any term hereof.
8. TITLE
While risk in the goods shall pass on delivery, legal and equitable title shall remain with the Company until full payment for all debts owed to the Company is
made. Until payment is made in full the customer will have responsibility as bailee of the goods and will return the goods to the Company if so requested.
Notwithstanding the foregoing the customer as fiduciary may sell or deal with the goods in the ordinary course of its business whereupon the bailment shall
immediately terminate.
9. DEFAULT
Should the customer fail to make due payment for any goods or services supplied by the Company or commit an act of bankruptcy or by act or omission enable
the appointment of a scheme manager, trustee, official manager, receiver and manager, administrator, liquidator or any other person authorised to enter into
possession or assume control of any property of the customer pursuant to a mortgage or other security, or according to Law, the Company may, without
prejudice to any other rights it may have, do any or all of the following –
(i) withdraw any credit facilities which may have been extended to the customer and demand immediate payment of all monies owing to the Company;
(ii) withhold any further deliveries of goods or performance of services required under the contract;
(iii) in respect of goods already delivered, enter onto the customer’s premises to recover and resell same for its own benefit;
(iv) suspend and/or terminate performance of any other contracts which the Company has with the customer.
10. COLLECTIONS CHARGES
Any expenses, costs or disbursements incurred by the Company in recovering any outstanding monies from the Customer including debt collection agency
fees and commission and solicitors cost (full indemnity basis) shall be paid by the Customer.
11. GOVERNING LAW
All contracts between the Company and the Customer shall be governed by the Laws of Queensland and for this purpose the Courts of Queensland shall have
jurisdiction to determine any disputes or issues arising out of such contracts |
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