DESIGNED FOR DURABILITY AND SAFETY IN HARSH TRADE ENVIRONMENTS |
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Terms & Conditions
The Terms and Conditions upon which EASY ACCESS hereinafter called the “Supplier” is prepared to supply goods and services hereinafter called “goods” to the Customer, hereinafter called the “Customer” are as follows:
1. GENERAL
The following are the Terms and Conditions of trading which for goods supplied from time to time unless Terms and Conditions are agreed upon at the time of a particular sale in which case the other Terms and Conditions shall prevail to the extent of any inconsistency.
2. PRICES
a) Prices are subject to variation without notice and goods and services will be invoiced at prices current at the time of their provision unless otherwise agreed in writing.
b) Quotes do not include GST or any other government taxes or duties unless otherwise specifically stated. All prices shall be increased by the amount of such GST, taxes or duties.
3. PAYMENTS
a) Unless otherwise agreed, payment of goods shall be made on their provision to the Customer.
b) In the event of the Supplier granting a credit facility to the Customer upon application being made by the Customer on the Supplier’s standard Credit Application Form or otherwise the following Terms of payment shall apply.
(i) An invoice shall be sent to the Customer upon the supply of goods and payment of the amount outstanding as shown on the invoice shall be made on or before the 20th day of the month following the month of which goods are delivered or the services provided irrespective of the data upon which any invoice or statement of or in respect of such goods or services received.
(ii) In the event of default being made by the Customer in the payment of any monies due to the Supplier, in accordance with the paragraph above, or the Customer commits any act of bankruptcy or being a corporation passes a resolution for its winding up or summon is presented for its winding up or a Receiver of property of the Customer or an Administrator of the Customer is appointed, then the amount or amounts outstanding to the Supplier shall immediately become due and payable by the Customer to the Supplier notwithstanding the date of delivery of such goods or the date of provision of services.
(iii) If any monies remain unpaid after failing for payment as here and before provided then any collection costs associated with the debt collection will be payable by the Customer.
(iv) The Supplier may at its discretion at any time and without any prior notice to the buyer vary, suspend or terminate any credit facilities or arrangements concerning the Supply or provision of goods and services between the Customer and the Supplier without the Supplier incurring any liability to the Customer in so doing.
4. DELIVERY
Goods recieved on a carrier must be checked for damage before signing
as damaged goods signed for as 'recieved in good condition' cannot be
claimed for.
5. CLAIMS
a) A claim for credit must be made within 7 days of dispatch from Supplier. Claims made beyond 7 days may not be recognized.
6. TITLE
a) Goods supplied by the Supplier shall be at the Customer’s risk immediately on delivery to the Customer or into custody on the Customer’s behalf (whichever is sooner). The title and property in the goods supplied will only pass to the Customer when the goods, the subject of any contract, have been paid for in full and where payment is made by cheque, the cheque being cleared for payment by the relevant bank.
b) In the event that the Customer shall make default in the payment of any money due to the Supplier pursuant to these Terms and Conditions the Supplier may, at its discretion at any time and without prior notice, retake possession of the goods supplied by it and for such purpose, the Customer hereby irrevocably authorizes the Supplier and all person authorized by it in that behalf to enter their premises upon which the goods are located for the purpose of so retaking possession of the same and the Customer indemnifies and agrees to keep the Supplier indemnified in respect of all costs, losses, damage and other expenses suffered by the Supplier or any other party as a result of such action on the part of the Supplier. The value of all goods retaken by the Supplier under the provisions of this sub-clause shall be accessed by the Supplier (whose decision shall be conclusive) and the Customer shall be liable to the Supplier as and by way of liquidated damages for the difference between the purchased price payable by the Customer and the assessed value and the same as retaken as aforesaid subject to an allowance being given to the Customer for any part purchased price (if any) paid by the Customer for those goods.
c) A restocking fee will be deducted from credit unless the returned goods were supplied in error by the Supplier. The restocking fee is will be the value of the freight and handling costs involved. This fee may be reduced or increased at the discretion of the Supplier.
d) The Supplier will not accept freight costs on returns unless the goods were supplied in error by the Supplier.
e) Goods retuned in an unacceptable condition will not be credited.
7. RISKS
The risks in the goods shall,unless otherwise agreed in writing,pass to the customer upon despatch from the Suppliers warehouse save and except where the goods are carried in the Suppliers own vehicles,in which case the risk in the goods shall pass upon delivery to the Customer or its agent.
a)In the event that the customer shall make default in the payment of any money due to the supplier pursuant to these terms and conditions, the Supplier may,at its discretion and at any time and without prior notice,retake posssession of the goods supplied by it and for such purpose,the Customer hereby irrevocably authorises the Supplier and any persons authorised by it in that behalf to enter their premises in which the goods are located for the purpose of so retaking possessionof the same and the Customer indemnifies and agrees to keep the supplier indemnified in respect of all costs,losses, damage and other expenses suffered by the supplier or any other party as a result of such action on the part of the Supplier.The value of all goods retaken by the supplier under the provisions of this sub-clause shall be accessed by the siupplier(whose descisioj shall be conclusive)and the Customer shall be liable to the supplier as and by way of liquidated damages for the difference between the purchase price payable by the customer and the accessed value and the same as retaken as aforesaid subject to an allowance being given to the Customer for any part purchased price(if any)paid by trhe Customer for those goods.
8. WARRANTY
Standard factory warranty is 12 months unless otherwise stated. The liability of the Supplier shall be limited to the following:-
(1) the replacement of the goods or the supply of equivalent goods;
(2) the payment of the costs of replacing the goods or of aquiring equivalent goods.
a)No claim of any nature whatsoever(other than relating to warranty)shall be recognised unless made within 7 days of the delivery of the goods.All freight cost involved in retuning the goods must be paid by the Customer.
9. OTHER
a) These Conditions may be varied from time to time by the Supplier in accordance with the Supplier’s normal Terms and Conditions of trading or otherwise with the written consent of the Supplier.
b) If any of these Conditions (or part thereof) shall to any extent be held by any court of competent jurisdiction to be ineffectual, invalid or unenforceable the remaining Conditions (or part thereof) shall not be effected thereby and shall remain in full force an defect.
c) Headings shown in these Terms and Conditions are for ease of reference only and shall not affect the meaning for any clause.
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