These terms and conditions shall apply to the exclusion of all others including any terms and conditions of the Customer (whether on the Customer’s order form or otherwise). The Customer acknowledges that these terms and conditions embody the whole agreement between the parties and agree to be bound by them.
Payment shall be made by the Customer to the Company for all goods supplied, work and labour done and services rendered within 30 days from the date of the invoice. The Customer acknowledges that time is of the essence with regard to payment and that any reach of this term will enable the company to exercise all of its rights contained herewith including (but without in any way limiting its rights) the right to cancel further credit and to take legal action for the recovery of all sums outstanding.
Should payment remain outstanding beyond the Company’s payment terms as outlined in clause 2 above the Customer agrees to pay interest on all amounts outstanding from the due date until the date of payment at a rate equal to the Company’s then current overdraft rate as varied from time to time.
Should payment remain outstanding beyond the Company’s payment terms as outlined in clause 2, the Customer is liable for all costs including legal costs (on a Solicitor/own client basis) and mercantile agents fees incurred by the Company in recovering the amount outstanding.
The Customer agrees to notify the Company in writing of any change of ownership of the Customer within seven (7) days from the date of such change and indemnifies the Company against any loss or damage incurred by its as a result of the Customer’s failure to notify the Company of any change.
Orders placed with the Company cannot be cancelled without the written approval of the Company. In the event that the Company accepts the cancellation of any order placed with it shall be entitled to charge a reasonable fee for any work done on behalf of the Customer to the date of the cancellation including a fee for the processing and acceptance of the Customer’s order and request for cancellation.
The Customer hereby acknowledges that the Company has a lien over all goods ins its possession belonging to the Customer to secure payment of any or all amounts outstanding from time to time.
The proper law of all contracts arising between the Company and the Customer is the law of the State of Victoria and the parties agree to submit to the jurisdiction of the Courts of the State.
Property in any article sold by the Company shall not pass from the Company to the Purchasers until the Purchaser has paid for the article in full and all cheques and other negotiable instruments have been cleared. The risk of loss or damage to the article shall be entirely at the risk of the Purchaser upon delivery to the Purchaser. If any payment for any article sold by the Company is overdue or if the Purchaser pays the Company by Cheque (in full or in part) and such cheque is not met on presentation by the Company, the Company reserves the right to retake physical possession of the goods in full or partial satisfaction of the debt and for this purpose the Purchaser hereby consents to the Company or its agents or servants entering up on the Purchasers premises. Monies owed by the Purchaser to the Company shall become due immediately upon the commencement of any act or proceeding in which the Purchaser’s solvency is involved.
GST is only applicable to sale of equipment within Australia and will be charged on all taxable goods and services at the rate ruling at the time of dispatch. Equipment sold to overseas clients will be exempt of GST, but may be subject to taxes in the country of destination.
Trade scales can only be used for trade when a trade measurement certifier has certified them.