Goods and Services are sold and supplied on the following Terms and Conditions unless expressly agreed in writing between the Company A.J.Parkes & Co Pty Ltd and the Buyer, or, where varied by the attached quotation.
Subject to Clause 8, this quote is valid for 30 days only, unless accepted within this period, the Company reserves the right of alteration.
Payment With Order: New Customer —First time orders:
Company policy states that any new customer when placing a first time order requires that payment is received prior to artwork and production commencing. Subsequent orders may be accepted upon completed and approved credit applications for new customer accounts.
The Buyer shall be responsible for, and bear the cost of, any alteration to goods supplied (or in progress of manufacture or purchase) by the Company, arising from any discrepancy, error or omission in any drawing or information supplied by, or approved by the Buyer. The Company can not accept responsibility for errors where the Buyer has not confirmed requirements in writing.
Orders cannot be cancelled except upon the terms which will compensate the Company for all works done, any obligation to a third party resulting from the Buyer’s order, and materials ordered, used or purchased by the Company as a result of the Buyer’s order to the date of written cancellation. The cancellation of any order must be confirmed in writing verbal cancellations will not be accepted.
Every effort will be made to carry out this contract, but due performance is subject to variation or cancellation by the Company owing to acts of God, War, Strikes, Lockouts, Fire, Flood, Drought or any cause beyond the Company’s control or owing to the inability to procure materials or articles (or at enhanced prices).
Each order shall be delivered to the Buyer, the Buyer’s agent or the Buyer’s arranged carrier, at a place nominated by the Buyer in writing at or before the time of placing the order, provided that the Buyer notifies the Company in writing of the precise address for delivery and that such address is in Australia.
Unless otherwise stated by the Company in writing, all prices are Ex Works Darra, Brisbane. To assist Buyers, the Company provides a delivery service via Post or Courier. Postage,Freight or Handling Fees are charged to Buyer’s account at time of invoice. A minimum fee of $16.50 (inc. GST) applies per delivery. Unless a specific method of delivery is nominated by the Buyer, the Company will determine the appropriate delivery mode and carry Transit Insurance. The Company Transit Insurance liability ceases where goods are transferred to the Buyer, Buyer’s Agent, or Buyers arranged carrier. As a guide the following method of delivery applies:
a) Items valued at > $100 or manufactured from precious metals (eg. gold, silver) via Registered Post; or
b) If items weigh >500g, goods sent by Australia Post are sent Receipted Delivery; or
c) If items weigh >10 kg via Courier.
Due to the difficulty of producing exact quantities for large runs, orders for goods manufactured by the Company are executed upon a margin of 5% being allowed for excess or shortages; such variations are charged or deducted as necessary. The Company reserves the right to make partial deliveries of goods, to back order as required and to invoice such deliveries separately. Sequentially numbered products will be supplied to exact quantities.
Variations in Costs:
All estimates and / or quotations are based on the prices of materials, wages or taxes (including exchange rate variations where applicable) existing at the date of quotation. Any increase or decrease may be added or deducted from the quotation by the company, prior to acceptance of the order.
Minimum Invoice Value:
To offset administrative costs a minimum Order Value fee of $55 (incl. GST) applies for Buyers on account. Freight & postage charges are charged in addition to this minimum.
Terms of Payment:
Subject to any other specific credit or payment terms being agreed in writing by the Company in its sole and absolute discretion, the Buyer must pay for all orders within 30 days of the date of Invoice. The Company reserves the right to suspend or cease the supplied of goods to overdue accounts until such time as payment in full from the overdue account has been received.
Preservation of Property Rights:
a) The property in ordered or invoiced goods shall not pass to the Buyer until the whole of the price for the goods has been paid in full to the Company. The property in the goods shall remain solely with the Company until such full payment is received as cleared funds by the Company.
b) Until the goods are paid for in full, and all other sums due and owing by the Buyer to the Company on any account are paid, the Buyer holds goods as bailee for the Company.
c) If the Buyer at any time fails to make payment for any such goods by the due date for payment, without prejudice to any other rights which the Company may have at law or under these terms, the Company, or its authorised agents, are expressly authorised by the Buyer to enter the Buyer’s premises, whether by using force or not, and to take possession of and sell the goods and exercise other such other rights ancillary to the right of resale and possession.
d) The Company shall be in no way liable or responsible for any loss or damage to any goods or damage to the Buyer’s business howsoever arising from the taking of any goods in accordance with this clause 11.
The Buyer should inspect the goods on receipt. All claims must be made in writing within 14 days of receipt of goods by the Buyer.
Return of Goods:
Goods may only be returned to the Company in the event that they do not conform to the Buyer’s order or are not in compliance with any warranties in respect of the goods which are implied by law which cannot be excluded. All goods for return must be returned within 14 days of receipt by the Buyer and must be in an as new condition and accompanied with the original invoice. Goods may only be returned by carriers approved by the Company. A handling charge may apply to returned goods.
14.1: Implied Warranties:
To the extent permitted by law, the Company excludes all warranties and representations except as expressly provided in these terms and conditions.
Nothing in this clause excludes, restricts or modifies the operation of Part VA of the Trade Practices Act 1974 to the extent to which that Part of the Act applies to goods supplied by the Company.
Liability for a breach of a condition or warranty necessarily implied into these terms by the Act is limited to any one of the following, as determined by the Company in its sole discretion:
a) the replacement of the goods or the supply of equivalent goods; b) the repair of the goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
d) the payment of the cost of having the goods repaired.
In no event is the Company liable to the Buyer for any incidental or consequential damages in respect of such breach of condition or warranty.
14.5 Overpayment of Account and refunds:
In the event of an overpayment on a customer account, the amount will not be refunded unless under instruction from the customer. This will attract a $40 administration fee to cover our costs. As an alternative, the amount can be left as a credit on the account to apply against future orders at no cost.
All designs, artistic creations, moulds, tools, products, etc. created by the Company are copyright to the Company and must not be transferred to third parties without the Company’s written consent. Artwork and designs given to the Company for reproduction are received in good faith as belonging to the Buyer and claims of breach of Copyright by the Company by third parties shall be referred to the Buyer for compensation by the injured party.
The Company is registered for GST pursuant to the A New tax System (Goods & Services Tax) Act 1999 (the “GST Act”). The Company’s ABN is 61 127 091 016.
All prices quoted are inclusive of GST payable pursuant to the GST Act.
The Company will issue tax invoices to the Buyer upon delivery of ordered goods. The Buyer is solely responsible to claim all input tax credits or other benefits (if any) available to the Buyer, pursuant to the GST Act in respect of any amounts the Buyer pays to the Company.
The Company reserves the right to adjust prices or to make adjustments as contemplated by the GST Act if any amount paid by the Buyer is subsequently found by the Company to have been incorrect for any reason or in any respect and the Buyer agrees to co-operate fully with the Company in respect of such adjustment.