|
“Seller” means Tres Marias Trading Limited and its successors and assigns.
“Buyer” means the company or any person acting on behalf of and with authority of the Buyer.
“Goods” has the same meaning as in section 2 of the Sale of Goods Act 1908 and are Goods supplied by the Seller to the Buyer (and where the context so permits includes any supply of Services (defined below).
“Services” means all Services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits includes any supply of Goods as defined above).
“Price” means the cost of the Goods as agreed between the Seller and the Buyer.
“Account” means a Tres Marias Trading Business Account.
Any instructions received by the Seller from the Buyer for the supply of Goods constitutes acceptance of these terms and conditions. Once accepted by the Buyer, these terms and conditions may only be amended or rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.
None of the Seller’s agents or representatives are authorised to make any representations or statements, conditions or agreements not expressed by the manager of the seller in writing nor is the Seller bound by any such authorised statements.
Your placement of an order with us constitutes an offer by you to purchase goods from us on these terms. The order is placed when it is submitted to the seller and confirmed by the buyer.
The order is accepted only when we notify you that we accept your order. For example, we might notify you that we accept your order by sending you an ‘order confirmation email’.
Delivery of goods also constitutes our acceptance of the order.
If we accept the Order, a binding contract between you and us will arise on these term.
Prices quoted are exclusive GST.
At the Seller’s sole discretion, the Price of Goods will be:
- As indicated on invoices or Account Statements provide by the Seller to the Buyer in respect of Goods supplied; or
- The Seller’s current Price at the date of delivery of the Goods; or
- The Seller’s quoted Price.
Prices do not include delivery fees.
We are entitled to charge a delivery fee, which will be calculated by reference to the goods purchased and the post code of the address stated in the Order.
The Seller shall be entitled to adjust any price quoted from time to time and Customer agrees to pay such adjusted price to take account of variations in the cost to the Seller carrying out the whole or any part of the contract arising from any of the following:
- Variation in the cost to the Seller. Acquiring the goods directly or indirectly, on account of changes in rates of freight and transport costs, insurance, customs duties, taxes, existing tariff, classifications, or any variation in currency exchange rates.
- Variations in the cost of rates of all statutory, government or local government or governmental authority charges and obligations; or any correction of errors or omissions on the part of the Seller or any of its representatives.
Payment of Goods must be:
- In cash, cheque or direct credit in full at the time of purchase; or
- If the Buyer has been approved for a Credit Account, payment will be made by cash or by direct credit as agreed to between the Buyer and the Seller, and is due by the 20th of the month following the month in which the invoice was dated.
The Seller reserves the right to suspend delivery of further goods in the terms of payment are not strictly adhered to by the Buyer.
Interest will be charged on overdue accounts at a rate of 1.5% per month after the payment due date or a late penalty fee of $45.00; whichever is greater.
You must pay us any fees or costs imposed on us if any payment you make to us is dishonoured or reversed.
Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause.
In the event that:
a) any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due; or
b) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Seller’s other remedies at law.
The Seller shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Seller shall, whether or not due for payment, immediately become payable. Should the Buyer fail to pay within 3 working days, the Buyer hereby irrevocably authorises the Seller and or his agents to recover possession of all unsold and unpaid Tres Marias goods in the premises of the Buyer at the Seller's sole discretion".
Special Terms Applying to Business Account Holders Only
If any account is in dispute, the undisputed portion of the account shall be payable in accordance with the normal terms of payment as provided in 5.1.b.
These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.
The Seller will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
Ownership and title of the goods remains with the Seller until the purchase price and all other monies owing by the Buyer, under the contract or any other contract to the Seller, have been paid in full.
The Seller shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Seller’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Seller, its servants, agents or contractors, nor shall the Seller be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Seller against any claim by any such person.
|
Loading... please wait...