Any quotation made by the Supplier may be withdrawn or varied at
any time prior to acceptance by the Customer. All prices are exclusive
of delivery fee unless otherwise expressly stated. No cancellation
after acceptance of order will be effective unless agreed to in
writing by the supplied
10% GST is included in any quotation made by the Supplier to the
Customer unless otherwise stated.
3. Governing Law
Notwithstanding any rule or implication of law to the contrary,
all contracts between the Customer and the Supplier shall be deemed
to be made construed and to be enforceable in and according to the
laws of the State of Victoria and by mutual consent to be subject
to the jurisdiction of all the courts of that State.
If the Supplier grants credit facilities to the Customer, all accounts
are to be settled in full within thirty days of the Supplier's invoice.
A credit application form can be found in the Downloads'
Section of this website (available upon full registration
Any expenses costs or disbursements incurred by the Supplier in
recovering any outstanding monies from the Customer including debt
collection agency fees and solicitor's costs (full indemnity basis)
shall be paid by the Customer.
The Customer shall inspect the goods upon delivery and advise the
Supplier in writing within seven days of delivery of any faults
or if not according to order. Subject to acceptance by the Supplier
of liability, the Supplier may at its option either replace the
goods or repair the goods. The Customer shall return the goods to
the Supplier at the Customer's cost.
If the Customer fails to advise the Supplier in the manner and within
the period mentioned in clause 6 then notwithstanding any fault,
the Customer shall be liable to pay for the goods and the Supplier
shall not be liable for any faults in such goods or for any claim
damage expenses or costs relating thereto and the Customer shall
hold harmless and keep indemnified the Supplier therefrom.
The Supplier will not in any circumstances be liable for any claim
liability expense or cost emanating directly or indirectly from
non-delivery or delay caused by circumstances beyond the control
of the Supplier even indirectly effecting the availability of goods.
In such circumstances the Supplier may unilaterally suspend any
delivery for any period and/or cancel any agreement for sale without
any liability whatsoever in consequence thereof.
9.1 The Supplier shall not in any circumstance be liable for
any claim liability expense or cost arising even indirectly from
any fault or weakness in the goods whether inherent or not nor
in respect of faulty or defective job practices beyond the control
of the Supplier and the Customer shall hold harmless and keep
indemnified the Supplier therefrom.
9.2 All information given by the Supplier to the Customer
is given in good faith, but the Supplier will not be bound by
any warranty, condition, representation or statement unless it
is outlined herein in writing and the Supplier shall have no liability
whatsoever whether in contract, tort or otherwise for any consequential
loss, injury, damages or expenses suffered or incurred whether
directly or indirectly by the Customer or any of the customer's
agents or employees or any other person using the goods provided
by the Supplier.
9.3 All transactions between the Customer and the Supplier
shall unless the parties agree otherwise in writing be subject
to these terms and conditions and to the extent permitted by law
no terms other than these terms and conditions and those contained
in any document attached hereto and initialed on behalf of the
Customer and the Supplier shall be included as part of any contract
between the Supplier and the Customer. Unless specifically referred
to or contained in a document signed or initialled on behalf of
both the Customer and the Supplier there shall be no contract
between the Customer and the Supplier collateral hereto.
10. Intellectual Property
The Customer shall indemnify, keep indemnified and hold harmless
the Supplier in respect of any claims made against the Suppler
or costs incurred by the Suppler in relation to the infringement
of patents arising from the Supplier's compliance with the Customer's
designs instructions or requirements. Any intellectual property
(including but not limited to copyright) discovery invention or
secret process or improvement in procedure created, made, written,
discovered or brought into existence by the Supplier in connection
with the manufacture or provision of goods to or for the Customer
shall the sole property of the supplier as sole beneficial owner
of the same.
11. Production Methods
All tools, dies, artwork, films, moulds and fixtures which are
developed or made in the course of or incidental to the manufacture
or provision of goods to or for the Customer shall remain the
property of and in the possession of the Supplier. The Supplier
shall not be obliged to disclose any techniques of production
or tooling used to the Customer or to any other person.
Legal and beneficial ownership of any goods suppled to the Customer
shall be retained by the Supplier until payment for those goods
has been received by the Supplier in full or until the Customer
sells the goods to a third party who has no notice of these terms
and who purchases the goods by way of a bona fide sale at full
market value. Until payment in full has been received by the Customer
or until the goods have been bona fide sold to a third party in
good faith at market value the Suppler may remove the goods and
for that purpose may by its agents or employees without notice
enter upon any premises in or upon which the goods are situated
or reasonably supposed by the Suppler to be situated without committing
a trespass and the Customer shall indemnify the suppler against
any costs losses damages expenses or any other monies expended
or losses suffered by the Customer or a third party as a result
of the Supplier retaking possession of the goods.
Notwithstanding any terms outlined in these terms and conditions
to the contrary all monies owing by the Customer to the Supplier
including the cost of repossession and resale of any goods or
as much as may be outstanding shall immediately become due and
payable to the Supplier upon the happening of any event or the
issue against or service on the Customer of any notice or proceedings
in any way concerning the Customer's solvency or payment of its
If a guarantee has been given in favour of the Supplier by persons
associated with the Customer then the "terms and conditions"
referred to in that guarantee are the terms and conditions contained
Where proofs are required, the Customer's corrections on and after
the first proof, including alteration in style, may be the subject
of an additional charge. No responsibility will be accepted for
errors in proofs passed by the Customer.