Container Seal ("the Vendor") offers to sell goods listed on this website to the purchaser/client. The purchaser accepts the goods on the
following conditions.
1. Prices for the goods are as set out on the invoice. If the terms of the
purchaser's order are different from these terms of trading then delivery of the
goods to the purchaser constitutes an offer by the vendor to sell the goods to
the purchaser on these terms and acceptance of the goods by the purchaser shall
be acceptance by the purchaser of these terms of trading.
2. All taxes, customs duties, goods and services tax now levied by any central or local authority either directly or indirectly upon the goods or upon freight charges (if any) shall be paid by the purchaser.
3. The vendor reserves the right to add to the price of the goods any increase of the items set out in 2 hereof levied during the currency or the contract and before delivery of the goods.
4. Unless otherwise expressly provided in writing herein, all costs of transportation are to be paid and borne by the purchaser and delivery of the goods to the carrier shall constitute delivery thereof to the purchaser, and thereafter such goods shall be at the purchaser's risk.
5. The vendor reserves the right to require payment for any delivery hereunder in advance or to require that satisfactory security for payment be given prior to such delivery. If the purchaser fails to make payment in accordance with the terms of this agreement, or fails to comply with any provisions of this agreement, the vendor reserves the right to cancel any delivery of the goods and partially completed work. Any terms of payment arranged must be done so in writing, and agreed by both parties prior to dispatch. If no arrangement is made for prepayment, or for other terms then it is deemed that payment is strictly by cash, due and payable on dispatch from the vendor's premises. Where credit is given the terms are strictly payment by the 30th of the month following purchase.
6. The vendor shall be entitled to invoice the purchaser on the date the products are delivered to the carrier.
7. The vendor shall not be liable for failure to deliver or delayed delivery by reason of the following matters affecting delivery:
1. fires, floods or other casualties;
2. wars, riots, civil uprising, embargoes, government regulation, or vendor's inability to obtain necessary materials from its usual source of supply;
3. delays in transportation to the purchaser, howsoever caused;
4. existing or future strikes or other labour troubles affecting production or delivery whether involving employees of the vendor or employees of others regardless of responsibility or fault on the part of the employer;
5. other contingencies of manufacture or delivery whether or not of a class mentioned and not reasonably within the vendor's control.
8. Until the goods are paid for in full the ownership thereof shall remain with the vendor. Until the goods are paid for in full the relationship between the parties shall be fiduciary and the purchaser shall hold the goods as bailee for the vendor. The purchaser is not permitted to dispose of the goods until they are paid for without the specific consent in writing of the vendor. In the event that the vendor consents to the disposal of the goods, the monies resulting from a sale are to be specifically earmarked and placed into a separate account until payment is made in full to the vendor under the order. The vendor may, if the purchaser is in default in payment for the goods, retake possession of the goods without notices, without being liable for any losses incurred or damage sustained as a direct or indirect consequence of the vendor retaking possession of the goods. The purchaser agrees that the vendor has access to its premises for the purpose of retaking possession for the goods. The vendor shall have all of the above rights notwithstanding that the purchaser defaults or commits an act of bankruptcy or a receiver is appointed of the purchaser's business or the purchaser goes into liquidation. The purchaser acknowledges that the vendor has the right to resell any of the goods of which it has retaken possession.
9. Where this invoice is rendered for servicing the purchaser's goods:
1. The goods of the purchaser for which labour and materials have been supplied by the vendor in servicing shall become the property of the purchaser and subject to these terms of trading where applicable until the invoice is paid in full; and
2. any part payment of the invoice shall be appropriated firstly for the cost of labour and thereafter to the cost of materials and parts.
10. If the vendor has consented in writing to the purchaser disposing of the goods to a third party such consent is conditional upon the vendor being paid in full and the purchaser hereby agrees to notify any subsequent purchaser that the former does not have any title in the goods and that title in the goods cannot pass from the vendor until the vendor has been paid in full for the goods.
11. If any money is not paid on the due date the purchaser shall pay interest on that amount at the rate of 15% per annum to the vendor until the amount outstanding is actually paid.
12. If the purchaser becomes insolvent or bankrupt or calls a meeting of creditors or goes into liquidation, voluntary or otherwise the vendor may suspend delivery or cancel the order.
13. Any legal costs or expenses incurred by the vendor in recovery of any outstanding payment under this invoice will be payable by the purchaser.
14.1 Except where the purchaser is a consumer (as the term "consumer" as defined in the Consumer Guarantees Act 1993 ("the Act") the guarantees contained in the Act that the goods supplied are:
1. of acceptable quality (sections 6 and 7);
2. reasonable fit for any particular purpose (section 8);
3. comply with description (section 9);
4. comply with sample (section 10);
5. reasonable as to price (section 11); and
6. that facilities for repair of the goods and supply of spare parts are available (section 12) do not apply.
14.2 Subject to such statutory warranties as cannot validly be excluded, no warranty is given that the goods are suitable in size, shape, capacity, quality or otherwise for the purpose for which the goods are bought.
15. Any special terms of sale on the reverse hereof are by this reference incorporated herein with the same force and effect as those set out herein in full and shall prevail to the extent of any inconsistency with these printed terms and conditions.
16. The purchaser shall inspect the goods immediately upon delivery thereof
and shall within not more than fourteen (14) days from the date of delivery give
notice in writing to the vendor of any defect in the goods or of any failure by
the vendor to deliver goods as ordered by the purchaser.
If the purchaser fails to give such written notice then the goods shall be
deemed to be in all respect in accordance with the order placed by the
purchaser.
17. If for any reason whatsoever the vendor accepts goods returned by the purchaser the purchaser shall pay to the vendor 20% of the invoice price as a handling charge.
18. If any term or provision (or part thereof) of these terms of trading is held by a court of competent jurisdiction to be illegal, unenforceable or contrary to public policy then these terms of trading shall be read as if such terms or provisions (or part thereof) had never been in these terms of trading and were severed there from leaving the remainder of the terms of trading legal, valid and enforceable.
19. The vendor shall not be responsible for any consequential loss or damage which may be occasioned by any breakdown, stoppage or failure of the goods from any cause whatsoever.
20. These terms of trading and any writing on the reverse hereof shall constitute the entire agreement between the parties except to the extent that such terms of trading are modified in writing and signed by both parties.
21. The vendor shall, in respect of all unpaid debts due from the purchaser have a general lien on all goods ordered by the purchaser in the hands of the vendor and shall be entitled on the expiration of fourteen (14) days notice to the purchaser to dispose of such goods as the vendor thinks fit and to apply the proceeds towards such unpaid debts.
22. No waiver by the vendor of any one breach of these terms of trading shall operate as a waiver of another breach of the same or of any other such terms of trading and the doing/or omission of any act, matter or thing whatsoever by the vendor, its servants or agents (which but for this clause would or might amount to a waiver of the vendor's rights in respect of any such breach or default) shall not operate nor be deemed to be a waiver in any way of the Company's rights and powers in respect of any such breach or default any rule of law or equity to the contrary notwithstanding.
23. This agreement shall be governed by the laws of Australia and the parties hereby submit to the jurisdiction of the Courts for the resolution of any dispute under this agreement.
Warranty
Procureit Australia Pty Ltd warrants this product against defects and
workmanship for the period of twelve months from the date of the original
purchase by the original purchaser as shown on the warranty registration card
supplied with the product.
If, within the period of the warranty, the purchaser returns to our factory or an authorized Procureit Australia Pty Ltd service outlet with satisfactory evidence of purchase date, freight pre-paid for both delivery and return, any parts of product claimed to be defective, Procureit Australia Pty Ltd will, at its option, repair or replace any such defective parts if Procureit Australia Pty Ltd deems them to be defective. The purchaser shall, however, be responsible for any removal or installation charges relating to the said parts and such replacement or repair shall constitute the sole liability of Procureit Australia Pty Ltd and the sole remedy of the purchaser.
Without limiting generally of the foregoing, but subject to any relevant statute, this warranty shall not cover replacement of repair on account of fair wear and tear, fault operation contrary to Procureit's printed instructions, unauthorized repair or alteration, negligence, misuse, incorrect operation or accident, failure to service filters or motor flooding.
This warranty is given in lieu of all other warranties, whether express of implied, all of which are hereby excluded, subject nevertheless to any applicable provision of any act or statute.
This warranty shall not apply if the product is supplied for personal, domestic of household use and is then used in any way or purpose for a business.
