(a) For the purpose of these terms and conditions of sale any reference to “ASG” shall apply to mean All Safety Gear Pty Ltd. All orders placed by customers and goods supplied by ASG shall be subject to these trading terms and conditions.
(b) No amendment of these trading terms and conditions by the customer will have any effect unless the amendment is expressly agreed to by ASG in writing.
(c) On acceptance of this account application herewith ASG will have sole discretion as to the limit of credit granted to any customer.
2. QUOTATIONS AND PURCHASE ORDERS
(a) Quotations from ASG are valid for a period of 30 days from date of issue or as otherwise specified in the quotation. Prices given in any quotation by ASG are applicable to that quotation only, and will not apply in any other instances.
(b) In order to purchase the Goods, Customer must place with ASG a Purchaser Order setting out an order number, ASG quotation number (if applicable), full description of the Goods to be purchased, the delivery date, delivery point and any other information required by ASG.
(c) When pricing quoted by ASG does not include delivery of goods then ASG may charge the customer for that cost.
(d) GST has been included in all prices but if there is any change in this rate or additional taxes or government charges which may be applied between the date of this quotation and the invoice date will cause an adjustment in the sale price. Should any such additional costs be applied these would be payable by the customer.
(e) Where a customer varies an order, ASG may charge additional costs incurred to make such a variation. Additional fees and charges will also apply if a customer declines to purchase stock bought in due to nil in stock, ie. restocking fees and freight charges.
3. DELIVERY AND COLLECTION OF GOODS
(a) Delivery related to goods supplied by ASG will include (i) the address appearing on any invoice for the goods, (ii) customers nominated delivery address or agents address, (iii) or business address of the customers nominated transport company.
(b) Counter collections must be accompanied by an authorised customer purchase order.
(c) A date or time quoted by ASG for collection or delivery of goods will be an estimate only.
4. CLAIMS OR REQUEST FOR CREDITS
(a) Any claims by the customer for incorrect quantity, wrongful delivery, or damaged goods must be notified to ASG in writing within 7 days after goods have been received by the customer.
(b) If claims are not made within 7 days, the claim may be denied with full invoice value payable.
(c) For all non stocked lines a 15% restocking fee is applicable for returns.
(a) ASG reserves the right to invoice the customer upon or prior to collection or delivery of goods subject to any order.
(b) ASG also reserves the right to invoice at any time for work in progress for any order.
6. TERMS OF PAYMENT
(a) Payment must be made in full within 7 days after the date of the invoice or otherwise in accordance with Customer’s Credit Arrangement.
(b) ASG reserves the right to vary the terms of payment and to require payment in cash in full prior to delivery should the credit worthiness of the customer become in ASG’s opinion unsatisfactory.
(c) A deposit of 35% of the invoice price must be paid when placing an order for non stocked lines.
7. TITLE AND RISK
(a) In no case will title of goods pass to the customer until payment has been made in full, ie. If payment is made by cheque, payment shall be deemed to have been made only when the cheque is paid by the drawers bank.
(b) Risk in all goods supplied by ASG shall pass to the customer upon collection or delivery.
(c) Representatives of ASG are granted the full and irrevocable right to enter onto the premises of the customer to collect the goods in respect of which payment has not been made to ASG and to take possession of unpaid goods supplied by ASG.
8. DEFAULT OF TRADING TERMS AND CONDITIONS
(a) In the event of default by the customer under these trading terms and conditions, all monies owing to ASG shall, at the option of ASG, become immediately due and payable and ASG may, without notice and in addition to any other rights it may have, suspend or cancel any credit account provided to the customer and suspend any orders placed by the customer.
(b) These terms will apply irrespective of the date of supply of the goods or services and regardless of whether the goods ordered have been collected or delivered.
9. FORCE MAJEURE
ASG will not be liable for any breach of contract due to any matter or thing beyond ASG’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
(a) The customer hereby indemnifies ASG against all losses, damages, costs (including legal costs on an indemnity basis) and expenses which ASG suffers by reasons of the breach by the customer of these trading terms and conditions and the operation of, or the exercise of ASG of the rights, benefits and concessions conferred by these trading terms and conditions.
(b) ASG shall not be liable for any failure to fulfil or any delay in fulfilling any obligation arising under the Agreement if the failure or delay has been caused directly or indirectly by any act of God, war or other civil commotion, strikes, lockouts, stoppages and restraints of labour, breakdown of machinery, inability to obtain raw materials or fuel, fire or explosion, any government action or any other cause beyond ASG reasonable control and not as a consequence of ASG negligence.
(c) Any notice to be given to a party under the Agreement must be in writing and must be sent by post, facsimile or email to the address of that party shown in the quotation, Purchase Order or order acknowledgement. Notice is deemed to have been given at the time it would have been received in the normal course of post if sent by post, or if otherwise given at the time it was actually received.
(d) The Agreement is governed by and must be interpreted in accordance with the laws of Queensland.