Conditions of Sale
In these conditions:
- “Conditions” means the terms of these conditions of sale;
- “Customer” means a person, firm of corporation seeking to acquire goods or services from the supplier;
- “Goods” means all goods or services supplied by the Supplier to the Customer;
- “Supplier’ means Network Creative Services Pty Ltd (ABN 31 078 850 629) of PO Box 4193, Briar Hill, Victoria.
2. Application of the Conditions
2.1 Unless otherwise agreed in writing, the conditions will apply exclusively to every contract for the sale of goods by the Customer and cannot be varied or supplanted by any other conditions without the prior written consent of the Supplier.
2.2 Any written quotation provided by the Supplier to the Customer concerning the proposed supply of goods is valued for thirty (300 days, unless otherwise stated in the quotation, and is an invitation only to the Customer to place an order based upon that quotation. The quotation may include additional terms, which are not inconsistent with the Conditions.
2.3 The Customer will comply with the procedure (if any) prescribed by the Supplier for the placing of orders.
2.4 The Supplier will not be deemed to have accepted an order or an offer by the Customer unless it has communicated acceptance to the Customer in writing or has delivered the goods stated in the order.
2.5 Once the Customer accepts a Quote or has pre-paid or signed-off on an Order then any additional corrections, amendments, or additions to that specific job will be treated as a separate task and billed accordingly.
3.1 Unless otherwise arranged all payment for goods must be made as soon as possible from receiving the Supplier’s invoice.
3.2 The Supplier may withdraw any credit terms or require the provision of security at any time.
3.3 Failure to comply with 3.1 may result in a pay upfront invoice for any proceeding work up to, and including, the previous outstanding invoice total.
4. Payment Default
4.1 If the customer defaults in payment by the due date of any amount payable to the Supplier, 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 other remedy available to it:-
- charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 plus 2 per cent for the period from the due date until the date of payment in full;
- charge the Customer for all expenses and costs (including legal costs on a solicitor/own client basis) incurred by it resulting from the default and in taking whatever action it deems appropriate to recover any sum due;
- cease or suspend for such period that the Supplier thinks fit, supply of any further goods to the Customer;
- by notice in writing to the Customer, terminate any contract with the Customer so far as unperformed by the Supplier; without effect on the accrued rights of the Supplier under any contract.
4.2 Clauses 4.1(c) and (d) may also be relied upon, at the option of the Supplier:
- where the Customer is an individual and become 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
- where the Customer is an corporation and, it 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 it creditors generally, or has a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, 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.
4.3 In the event of a dispute, the Customer will not be entitled to withhold payment of any undisputed amount due to the supplier.
5. Passing of Property in Goods
5.1 Until full payment in cleared funds is received by the Supplier for all goods supplied by it to the Customer, as well as all other amounts owing to the Supplier by the Customer :-
- title and property in all goods remain vested In the Supplier and do not pass to the Customer;
- the Customer must hold the goods as fiduciary bailee and agent for the Supplier;
- the Customer must keep the goods separate from its goods and maintain the labelling and packaging of the Supplier;
- the Customer is required to hold the proceeds of any sale of the goods on trust for the Supplier in a separate account;
- the Customer must deliver up all goods to the Supplier immediately upon service of a written demand;
- the Supplier may without notice, enter any premises where it suspects the goods may be and remove them, notwithstanding that they have been attached to other goods not the property of the Supplier, and for this purpose the customer irrevocably licenses 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.
6.1 Prices for the supply of goods exclude (unless otherwise specifically mentioned):
- sales tax, consumption or goods and services tax, and any other taxes, duties or imposts imposed on or in relation to the goods; and
- the cost of freight, insurance and other charges arising from the point of dispatch of the goods to the Customer to the point of delivery.
6.2 Where this is any change in the costs incurred by the Supplier in relation to the goods, the Supplier may vary its price for goods on order to take account of any such change.
7. Delivery of the goods
7.1 Any period or date for delivery of goods stated by the Supplier is intended as an estimate only and is not a contractual commitment. The Supplier will use its best reasonable endeavours to meet any estimated dates for the delivery of goods.
7.2 All costs of freight and delivery of the goods at the agreed delivery address shall be borne by the Customer.
7.3 If the Customer is unable or fails to accept delivery of the goods, the Customer will be liable for all costs incurred by the Supplier due to storage, detention, double cartage, travel expenses or similar causes.
8. Risk and Insurance
8.1 All risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods will pass to the Customer immediately upon delivery of the goods to the Customer.
9.1 All goods supplied shall be free from defects in materials and workmanship for a period of 30 days, or such longer period as specified by the Supplier, from the date of delivery.
9.2 This warranty does not apply in circumstances where:
- the goods are not defective;
- the goods were used for a purpose other than for which they were intended;
- the goods were repaired, modified or altered by any person other than the Supplier;
- the defect has arisen due to misuse, neglect or accident;
- the defect has arisen due to the incorrect installation of the goods;
- the defect has arisen due to normal wear and tear on the goods;
- the goods have not be stored or maintained as recommended by the Supplier; or
- the Customer is in breach of the Conditions.
10.1 Except as specifically set out herein, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods, whether implied or statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
10.2 The Supplier is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
10.3 The Supplier will not be liable for any loss or damage suffered by the Customer where the Supplier has failed to meet the delivery date or cancels or suspends the supply of goods.
10.4 Nothing in the Conditions is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods which cannot be excluded, restricted or modified.
11.1 No purported cancellation or suspension of an order or contract for goods by the Customer will be binding on the Supplier after that order has been accepted by the Supplier.
12. Goods Returned
Goods returned will be subject to a 20% handling fee at the discretion of the Supplier.