Terms and Conditions

 

 

1.0 SCOPE
1.1 These terms and conditions of sale apply to all contracts of sale entered into by C & K Components Plus Pty Ltd trading as Switches Plus Components - (”Seller”), unless amended in writing and signed by an officer of the Seller. By issuing a purchase order to Seller and/or acceptance of deliveries made in pursuance of any purchase order placed upon Seller, Buyer accepts the terms and conditions contained herein. Seller’s failure to object to any terms or conditions contained in any communication from Buyer shall not be deemed a waiver of these terms and conditions.
1.2 Seller may require any order to be in writing and in such case Seller shall not have any liability until Buyer has placed a written order in terms acceptable to Seller.

2.0 PAYMENT TERMS
2.1 All invoices are net and are due and payable within 30 days from date of invoice unless otherwise provided.
2.2 Each consignment shall be considered a separate and independent transaction and payment therefore shall be made accordingly.
2.3 Should the Buyer default in any payment when due. Seller reserves the right to cancel orders or to suspend delivery until the payment is made.

3.0 PRICES
3.1 All offers are firm for the period of time specified at the time of quotation.
3.2 All prices of imported goods quoted are based upon the F.O.B. price of Seller’s supplier and the rates of exchange, freight, insurance and customs of primage duty ruling at the date of quotation. The quoted prices may be varied by the same % amount by which Seller’s actual costs have been varied as a result of any change in the said rates.
3.3 All published prices are subject to alteration without notice.
3.4 The title in and to these goods remains vested in the seller and title shall not pass unless and until the seller has been paid in full and the proceeds of all and any cheque or cheques tendered in payment have been cleared.

4.0 TRANSPORT
Unless otherwise required by Buyer, Seller will make transport arrangements on behalf of the Buyer as follows: For deliveries within the metropolitan areas of mainland State capital cities a standard freight charge may be added to invoice; goods for delivery outside those areas will be despatched freight on.

5.0 MINIMUM ORDER
The minimum order value and the minimum order quantity per line item that Seller will accept are indicated in Seller’s price lists or schedules current from time to time.

6.0 GST
All published prices are exclusive of GST which, where applicable, will be added to the invoice.

7.0 DELIVERY TIME
7.1 All quoted delivery or consignment dates are estimates only, given without engagement.
7.2 Delay in consignment of any part of an order shall not relieve Buyer of its obligation to accept and pay for the remainder of the order.
7.3 Seller will not be liable to pay damages or compensation for any injury or loss sustained by Buyer. (i) in the event of a delay in consignment or delivery of goods; or (ii) in the event of non-delivery.
7.4 If the delivery of goods is subject to release by Buyer (such as a scheduled master order with specific quantity and date of delivery instructions), the agreed prices set forth in an order shall only apply if the quantity is released in accordance with the release requirements of that order. Should Buyer request and Seller accepts different quantities to be shipped then Seller’s standard prices, for the quantity actually consigned in effect at time of order or at Seller’s option at time of consignment shall apply.
7.5 Goods offered ex stock by Seller are subject to prior sale.
7.6 In the event of any happening beyond Seller’s reasonable control in consequence of which Seller cannot effect consignment by the time or times quoted or specified, Seller shall be entitled to consign part only of an order, suspend consignment or extend the time for consignment, for the period during which such cause of delay operates, or may cancel the order and in the event of such suspension, extension or cancellation. Seller shall not be liable for damages.

8.0 ACCEPTANCE
8.1 Buyer shall accept reject goods included in each consignment within 10 days from receipt. If Buyer fails to notify Seller in writing of its rejection and the reasons therefore within such time period. Buyer will be deemed to have accepted such consignment.
8.2 Returns for any reason cannot be made: (i) without prior written authorisation from Seller; and (ii) unless accompanied by delivery docket showing Seller’s authorisation reference number. Seller will apply a handling charge (current $25.00) to any unauthorised return and will reconsign to Buyer, freight collect.

9.0 WARRANTY
9.1 The Seller warrants any goods sold by it under these Conditions to be free from defects caused by faulty materials of poor workmanship for a period of 3 months from date of sale. Upon authorised return to Seller freight prepaid during that period of any part of the goods covered by this warranty, Seller will if it finds such part to be so defective, at its option repair such part or supply a replacement part provided that: (i) The goods or any part are not without Seller’s consent altered, repaired or subject to any technical alteration by any person other than Seller’s authorised representatives. (ii) The above terms may at Seller’s option be varied or replaced by specific, warranty conditions issued in respect of particular products. (iii) The warranty does not cover damage due to normal wear and tear improper installation, misuse or neglect or where goods have been
subjected to operating or environmental conditions in excess of maximum values in the applicable specifications.
9.2 Except as herein provided, all conditions and warranties in respect of the goods, expressed or implied, statutory or otherwise are hereby excluded. Under no circumstance shall the Seller be liable to pay compensation for any injury, loss or damage sustained by Buyer howsoever arising.

10.0 INDUSTRIAL PROPERTY RIGHTS
If any claim shall arise alleging that the sale, use of any other dealing with the goods infringes trade marks, trade names, patents, copyrights registered designs or any other industrial property rights or third parties, the Buyer shall forthwith notify the Seller thereof and give every assistance to the Seller in connection with such claim as the Seller may reasonably require and shall not itself handle, deal with or compromise any such claim except with the written consent of the Seller.

11.0 TERMINATION BY SELLER
11.1 Seller shall not be liable for incidental or consequential damages.
11.2 In the event Seller shall be entitled to payment for all products consigned up to the effective date of Termination. Except as provided in this clause 12 no order may be cancelled by Buyer.

12.0 CANCELLATION BY BUYER
12.1 If Seller agrees to a reduction of quantity, the quantity of goods delivered and deemed delivered shall be paid for by Buyer at a unit price equal to seller’s standard catalogue price for such quantity or, if no such price exists, then a comparable price for equivalent products in such a case, the contract or negotiated price no longer applies.
12.2 If Seller agrees to reduce or cancel an order for non-standard goods or goods specifically imported or sourced Buyer shall promptly pay: (i) Costs of settling and paying claims arising out of the termination of work
under Seller’s subcontracts or order relating to the goods covered. (ii) reasonable costs of settlement, including accounting, legal and clerical costs; and (iii) twenty percent (20%) of the total purchase price for the goods ordered as direct and indirect costs of production administration and reasonable profit.
12.3 If Seller agrees to reduce or cancel an order for standard products ex warehouse Buyer shall promptly pay: twenty percent (20%) of the total purchase price for the goods ordered as direct and indirect costs of production administration and reasonable profit.
12.4 No application for cancellation under this clause will be considered unless made by Buyer in writing to Seller.

13.0 GOVERNING LAWS
The validity performance and construction of the contract between Seller and Buyer shall be governed in all respects by the laws of the State of Victoria and the Commonwealth of Australia.