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Terms and Conditions of Sale
These conditions of sale represent the standard terms for Carst & Walker Australia (Pty) Limited part of Hobart Enterprises Limited Group of companies.
- In these Conditions of Sale, unless consistent with the context:
- “Supplier”, means CARST & WALKER AUSTRALIA (PTY) LTD
- “Customer” means the buyer of goods from the Supplier
- “Guarantor” means each guarantor named on page 4 of the Business Application who has signed the Warranty.
- All quotations, all acceptances of the Customer’s orders and all sales by the Supplier are expressly subject to and made conditional on the standard Terms and Conditions of Sale as set forth herein AND the Customer hereby accepts and approves these Conditions of Sale. No part of these Conditions of Sale shall be varied unless approved in writing by the Supplier on each occasion, notwithstanding any additional or different terms requested by the Customer or conflicting oral representations made by any agent or employee of the Supplier.
- The Supplier retains legal and equitable title to the goods the subject of any statement until such time as the Supplier has received payment in full for the goods.
- Until the Supplier has received payment in full for the goods, the Customer:
- holds the goods as bailee for the Supplier;
- shall store the goods separately from its other stock, clearly identified as the Supplier’s goods;
- shall insure the goods against all usual risks for the full replacement value. The Customer shall hold in a separate bank account in trust for the Supplier any insurance monies received in respect of damage or destruction to the goods;
- shall not pledge or charge the goods as security;
- hereby grants the Supplier the right to enter at any time and from time to time without notice (without being liable for trespass) upon the Customer’s premises or any place where the goods are stored to recover and repossess the goods to which title remains vested in the Supplier;
- shall not resell the goods except in the ordinary course of business and only on condition that payment is received from his customers or the customer retains title so that the property is transferred to the customer only after fulfillment of his obligation to pay;
- shall notify the Supplier immediately on seizure or other acts of intervention by third parties which may put the goods at risk.
- Nothing in clause 2 is intended to, nor shall it, constitute a charge over the goods or any monies due to the Supplier in respect of the goods.
- The Supplier’s rights as an unpaid seller shall not be affected by the Supplier retaining title to the goods until the goods are paid for in full.
- Risk in the goods passes to the Customer on delivery.
- No concession, latitude or indulgence allowed to the Customer by the Supplier shall be construed as a waiver or abandonment of any of the Supplier’s rights hereunder. If any bona fide error of calculation or otherwise shall be made by the Supplier in the quotation or confirmation of an order or contract, whether written or oral, same shall be rectified by the Supplier as soon as is reasonably possible and the Customer shall be obliged to pay the Supplier the amount as rectified by the Supplier.
- The Supplier gives no guarantee or warranty as to the date or time of delivery of any goods and the Supplier shall not be liable in any manner whatsoever for any delay in the execution of services or production.
- The Supplier accepts no responsibility for any defects in goods supplied to the Customer which may have been subjected to any additional process after dispatch of the goods by the Supplier to the Customer.
- The Customer consents to the jurisdiction of the Courts of Western Australia and the courts of appeal therefrom in all actions arising out of the sale of goods by the Supplier to the Customer.
- If special terms of payment are arranged by way of a series of post-dated cheques in respect of a particular transaction and such post-dated cheques are not received by the Supplier within 7 days of statement date, such special terms will fall away and any amount owing shall become immediately due and payable.
- Where a post-dated cheque, bill or promissory note accepted by the Supplier is one of a series, such acceptance shall be subject to the condition that if any such cheque, bill or promissory note is unpaid on due date, all the cheques, bills or promissory notes payable thereafter shall become immediately due and payable.
- If the Supplier commences any action against the Customer for any reason whatsoever, the Customer shall be liable to the Supplier for the Supplier’s own solicitor-client costs as well as collection charges which may be charged to the Supplier by its attorneys.
- The Customer agrees to pay on demand to the Supplier interest on all overdue amounts at the rate of 2% per month.