Standard Terms & Condition of Sale
1. DEFINITIONS in this Agreement unless the context indicated otherwise:
1.1 “the Company” means James Marine Electronics Pty Limited (ABN 90 081 944 694).
1.2 “the Contract” means the Terms and Conditions of Sale as amended from time to time read together with any other document provided by the Company.
1.3 “the Customer” means the person to whom the Contract is addressed, its successors and permitted assigns.
1.4 “Delivery” shall be deemed to take place on the date of despatch by the Company of the goods or any part of the goods to the Customer.
1.5 “Despatch” in relation to delivery means: (i) The date on which the goods are forwarded by the company to the address stipulated for delivery in the order confirmation form; or (ii) the date on which the goods are removed by the Customer from the premises of the Company.
1.6 Each carrier used by the Company for the delivery of the goods shall be the agent of the Customer.
1.7 “The Goods” means any items sold by the Company including the service and installation of equipment.
1.8 “The purchases price” means the amount stipulated as such in the Contract.
2. PRICE VARIATION
2.1 The price of The Goods supplied by the Company shall be the price as indicated on the invoice. The Company reserves the right without notice, to alter the price of goods, whether or not a deposit or part payment has been received by the Company for such parts and to invoice the Customer for any extra amount where the costs of The Goods to the Company has altered due to circumstances beyond its control including without limitation variations in exchange rates, taxes, levies, imports, duties, premiums, fees or charges however designated and to correct errors and omissions.
2.2 Unless stated otherwise, prices are FOB Cairns and all prices are exclusive of the costs of delivery which shall be paid by the Customer unless otherwise agreed.
2.3 Subject to Clause 2.1 all prices shall be as quoted in writing.
2.4 Verbal quotations are subject to written confirmation.
3. OFFER AND ACCEPTANCE
3.1 The conditions apply to all goods supplied by the Company to the Customer unless expressly varied in writing by the Company.
3.2 The Company reserves the right to accept in whole or in part or reject any order submitted by the Customer.
4. TERMS OF PAYMENT
4.1 The Customer shall pay to the Company the amount of each invoice in full, without deduction of any kind within thirty (30) days of the date of invoice.
4.2 Interest may be charged on all overdue payments including all directly associated charges until the date of payment.
4.3 The Customer shall not be entitled to withhold payment of any amount due on account of any claim against the Company whether admitted or disputed.
4.4 In the event that the Customer shall:- (i) fail to pay for the Goods or any installment or installments thereof at the times provided for herein; (ii) make any composition or enter into any scheme or arrangement or Deed of Assignment with or for the benefit of its Creditors; (iii) become bankrupt or being a company enter into liquidation whether voluntarily or otherwise; (iv) cause the Company at any time to have a justifiable doubt as the ability of the Customer to make payment of its obligations pursuant to the Contract;
then the company may in addition to any other rights or remedies which it may have hereunder be entitled in its absolute discretion to:- (a) withhold delivery of any further goods or any instalment or instalments thereof; (b) cancel this Contract and any other Contracts; (c) treat this and any other contracts as having been repudiated by the Customer; (d) enter upon the customer’s premises and remove the goods which by virtue of Clause 8 are still the property of the Company; (e) withhold delivery of further deliveries as the case may be; (f) act generally pursuant to the provisions of Clause 11.1 – provide that nothing hereinbefore contained shall release the customer from its obligation to take Delivery of and to pay for the Goods or any instalment or instalments thereof as provided herein.
5. RESERVATION OF TITLE
5.1 Ownership of the goods supplied to the Customer is retained by the Company until payment in full is made for the Goods and for all other goods then supplied by the Company to the Customer for which payment is outstanding.
5.2 The Customer shall, until payment is made in full to the Company, store the goods as fiduciary for the Company in such a manner that the goods are clearly the Company’s property.
6. LIMITATION OF LIABILITY
6.1 Notwithstanding anything to the contrary herein contained:- (i) The Customer accepts all risk and responsibility for the performance of the goods being sufficient and suitable for its purpose. (ii) The Company shall not be liable for any consequential damages or loss of whatsoever nature in any circumstances. (iii) The Company shall not be liable for any loss suffered by the customer or for damage to the goods subsequent to delivery.
7.1 Notwithstanding anything to the contrary contained in any order submitted by the Customer to the company, in placing any order with Company, the Customer shall be deemed to have accepted the Company’s Standard Terms & Conditions of Sale.
8. SUCCESSORS AND ASSIGNS
This agreement shall be binding upon and ensure the benefit of the parties and their successors and assigns. Any alterations to the name, identify or ownership of the Customer must be supplied to the company in writing within 30 days of the alteration.
9. NON VARIATION
No variation, alteration or addition to the Contract shall be of any force or effect unless reduced to writing and signed by a duty authorized representative of the Company and the Customer.
Each clause in this Contract is severable one from the other and if any clause is found to be defective or unenforceable for any reason by any competent court, the remaining clauses shall be of full force and effect.
11.1 Unless otherwise agreed to in writing the customer shall be responsible for all charges relating to the delivery of goods to the customer. Including by not limited to stamp duty , delivery, carriage, insurance, handling storage and packaging.