Trading Terms. Deluxe Direct Chemicals P/L/ a.c.n. 125 162 236
1.To the extent permitted by law.
(a)Deluxe Direct Chemicals P/L warrants that all goods supplies shall be of merchantable quality and are subject to this warranty only. Any liability arising in respect of the use or reuse whether singly or otherwise of these goods, however arising and whether for consequential loss or otherwise, and including any liability Deluxe Direct Chemicals may otherwise have had the virtue of any representation, warranty, condition or terms, whether express or implied by law is hereby expressly excluded. Any liability incurred by Deluxe Direct Chemicals to the buyer is limited to the replacement of the goods or (at the option of the Deluxe Direct Chemicals) refund of the price paid by the buyer and in particular does not extend to consequential loss.
(b) The Buyer acknowledges that no warranty or representation other than contained in these conditions has been given by Deluxe Direct Chemicals P/L.
2. Delivery.
(i)The date of delivery shall be deemed to be the date of delivery of the statement/ invoice, that accompanies the goods dispatched from the Deluxe Direct Chemicals premises.
3.Delivery charges.
(a) Melb. Metro.$15 for invoices to $199.
(b) Melb.Metro. invoice $200 plus Free in store.
(ii)Country and Interstate, charges(a) & (b) are applicable to a Melb Metro distribution point of the Buyers choice. Freight costs related from the distribution site to the Buyers destination are the responsibility of the Buyer.
4.Force Majeure.
Deluxe Direct Chemicals cannot accept responsibility for any loss or damage whatsoever arising from goods not delivered. AS A RESULT OF Force Majeure. Force Majeure means, beyond the reasonable control of the Company, and includes but is not limited to; accidents to machinery, differences with workmen, strikes, lock outs, breakdowns, labour shortages, fires, floods, priorities required or requested by any Government or agencies thereof, delays in transportation, facilities or restriction imposed by laws or any cause beyond control of the Company, then the estimated date for delivery shall be estimated as accurately as possible and extended until the cessation of the effect of such matter or matters. The Company cannot be guaranteed nor is any such estimation of essence to be a condition of the contract. No responsibility for loss, damage or delay from any cause outside The Company’s control is accepted by the Company and the customer is not entitled to any compensation of any nature for such loss damage or delay.
5. Property.
(a) the risk in the goods purchased shall unless otherwise agreed in writing pass to the Buyer on delivery to the Buyer or the Buyer’s agent or to a carrier commissioned by the Buyer.
(b) Property in each unit of the goods purchased shall pass to the Buyer when full payment has been received by Deluxe Direct Chemicals. The Buyer acknowledges that he holds the goods as bailee of Deluxe Direct Chemicals until full payment is made.
(c) Due Date: means payment is required at the time of creating the invoice.
6. GST.
(a) “GST” means GST within the meaning of the GST Act.
(b) “GST Act” means the New Tax System (Goods and Services Tax) Act 1999 (as amended). Expressions used in this special condition and in the GST Act have the same meanings as when used in the GST Act.
(c) AMOUNTS OTHERWISE PAYABLE DO NOT INCLUDE GST. Except where express provision is made to the contrary, the Consideration payable by any party under this agreement represents the Value of any Taxable Supply for which payment is to be made.
(d) LIABILITY TO PAY GST. Subject to a valid Tax invoice, if any party makes a Taxable supply in connection with this Agreement for a Consideration, which represents its Value, then the party liable to pay for the Taxable supply must also pay, at the same time and in the same manner as the Value is otherwise payable, the amount of any GST payable in respect of the Taxable Supply.
(e) Prices appearing here on are net and exclusive of all taxes, State and Federal (GST), except where expressly included.
7. Payment and Default.
(i) Unless otherwise agreed expressly in writing payment shall be on the due date, as here-in-after defined, ( At the time of creating the invoice ).
(ii) The Buyer agrees to pay Deluxe Direct Chemicals interest at the rate of current Bank Overdraft Rates calculated on a monthly basis on amounts not paid after the Due Date, such interest shall commence on the due date and continue until the amount is paid.
(iii)The Buyer Further Agrees: to pay all legal and /or collection costs incurred buy Deluxe Direct Chemicals P/L in attempting to obtain payment of moneys owing recovery of goods supplied to the Buyer. The Buyer agrees to pay an account service fee charged by Deluxe Direct Chemicals on moneys outstanding (currently ½% per month with a minimum charge of $10 per month)
8. Returns Policy.
(i)Deluxe Direct Chemicals P/L will not accept for return of goods which have been used, altered or defaced.
(ii)The costs of returning goods shall be the responsibility of/born by the Buyer.
9. Pallets.
Where pallets are needed for transport or requested by the Buyer, the cost of these pallets will be passed onto the Buyer.
10. Governing Law.
This agreement shall be constructed with and be governed by the laws in force in the State of Victoria.
NOTE: The Buyer WARRANTS AND CONFIRMS that deluxe Direct Chemicals P/L HEREBY EXTENDS and shall only be liable to extend to the Buyer the benefit of such conditions, representations and warranties in respect of the goods as are set out in these Trading Terms and as are implied in these Trading Terms in favour of the Buyer by such of the provisions of any other applicable law of Australian trade Practices Act 1974 (hereinafter called the Act) and by the provisions of any other applicable law of Australia and SAVE as aforesaid the Buyer shall have no right or claim against Deluxe Direct Chemicals P/L in respect of the goods and PROVIDED FURTHER THAT to the extent that the said Act permits the Seller to limit the liability of Deluxe Direct Chemicals P/L for breach of a condition or warranty implied by the Act then the Vendors liability for such breach including any consequential loss which the Buyer sustain or incur shall be limited to:
(a)
(i) the replacement of the goods or the supply of equivalent goods or the payment of the costs of replacing the goods or acquiring equivalent goods.
(ii) the repair of the goods or the payment of the cost of having the goods repaired.
(b)
(i) the supplying of services again: or
(ii) the payment of the cost of having the services supplied again as the case may require.
SUBJECT to the foregoing acknowledgment all conditions and warranties which would or might otherwise be implied in the Agreement are HEREBY EXLCUDED AND NEGATED to the extent permitted by law.
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