Terms & Conditions

6.3 Payment is deemed to be made:
1) if cash is tendered, on the date it is received by the Supplier; and
2) if a cheque (bank or otherwise) or other negotiable instrument is tendered, on the date upon which the cheque or other negotiable instrument is negotiated and cleared by the Supplier’s bankers.
6.4 The time for payment is of the essence.
7. Default
7.1 If the Customer defaults in making payment to the Supplier in accordance with these Terms, then all money which would become payable by the Customer to the Supplier at a later date on any account, becomes Immediately due and payable without the requirement of any notice to the Customer, and the Supplier may, without prejudice to any of Its other accrued or contingent rights:
1) charge the Customer interest calculated on the portion of the Customer’s account overdue at the rate of 4.5% per month from the date on which the default arose until the date of payment in full; and
2) charge the Customer for, and the Customer must indemnify the Supplier from, all losses, damages, claims, demands, costs and expenses (including without limitation all legal costs, collection agency costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Terms or to recover any goods;
3) cease or suspend supply of any further goods or services to the Customer; and
4) by written notice to the Customer, terminate any uncompleted contract with the Customer.
7.2 Clauses 7.1(1) to (4) may also be relied upon, at the Supplier’s option, where the Customer has otherwise breached the Terms.
7.3 Clauses 7.1(3) and (4) may also be relied upon, at the Supplier’s option:
1) where the Customer is a natural person and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or
2) where the Customer is a corporation and, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, administrator, receiver or manager or similar functionary appointed In respect of its assets, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Customer.
8. Returns
8.1 Subject to the remainder of this clause 8, if any shortages, claims for damaged goods or non-compliance with the Agreement specifications is notified to and accepted by the Supplier, the Supplier, may at it option provide credit for the returned goods equal to the price charged by the Supplier.
8.2 Prior to returning any goods, the Customer must obtain the Supplier’s written approval.
8.3 The Customer must return the goods to the Supplier with handling costs, freight, and cartage prepaid by the Customer.
8.4 Subject to clause 8.7, if the Supplier has given its written approval for the return of goods the Supplier will only give credit for the goods returned if:
1) the goods are in a saleable condition,
2) the goods are in an undamaged and unsoiled condition and in the original packaging, unless with the prior written consent of the Supplier; and
3) the goods are accompanied by a copy of the original delivery docket or copy of invoice.
8.5 Subject to clause 8.7, the Supplier may charge a handling charge equivalent to 15% of the price of the goods returned.
8.6 If the Supplier has given its written approval for the return of goods which are not deemed to have been accepted by the Customer under clause 8.1, the Supplier must refund the freight and cartage to the Customer if the Supplier agrees that the goods are not in accordance with the Agreement.
8.7 If the Customer is a consumer, nothing in this clause 8 limits any remedy available for a failure of the guarantees in sections 56 and 57 of the ACL
9. Risk and Insurance
9.1 Goods supplied by the Supplier to the Customer are at the Customer’s risk as and from the time that they are in transit from the Supplier to the Customer. The Customer must insure the goods at its own cost from the time of transit from the Supplier to the Customer and until they are paid for in full, against such risks as are prudent for the circumstances, including but not limited to theft and damage, and must note the interest of the Supplier on the policy and produce a certificate to this effect to the Supplier on request.
9.2 The goods are sold to the Customer on the basis that the Customer has obtained all necessary licenses or permits under all relevant laws and regulations in relation to the goods.
9.3 The Customer assumes all risk and liability for loss, damage or injury to persons or to property of the Customer, or third parties arising out of the use or possession of any of the goods sold by the Supplier, unless recoverable from the Supplier on the failure of any statutory guarantee under the ACL.
10. Retention of Title
10.1 Until the Supplier receives full payment in cleared funds for all goods and services supplied by it to the Customer, as well as all other amounts owing to the Supplier by the Customer:
1) title and property in all goods remain vested in the Supplier and do not pass to the Customer.
2) the Customer must hold the goods as fiduciary bailee and agent for the Supplier.
3) the Customer must hold the proceeds of any sale of the goods on trust for the Supplier in a separate account with a bank to whom the Customer has not given security however failure to do so will not affect the Customer’s obligation as trustee; and
4) in addition to its rights under the PPSA, the Supplier may without notice, enter any premises where it suspects the goods are and remove them, notwithstanding that they may have been attached to other goods not the property of the Supplier, and for this purpose the Customer irrevocably licences the Supplier to enter such premises and also indemnifies the Supplier from and against all costs, claims, demands or actions by any party arising from such action.