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TERMS AND CONDITIONS OF SALE OF PLASTUBE PRODUCTS
1. EFFECT These terms prevail over any terms put out by the Customer unless Plastube Pty Ltd agrees otherwise in writing. 2. PRICES 2.1`All goods are sold at Plastube Pty Ltd current list price at the time of despatch or when collected from Plastube Pty Ltd premises. Prices are subject to alteration without notice. 2.2`Prices stated are ex-store and include packaging to normal industry standards. 2.3 Prices stated are exclusive of GST and other government charges unless otherwise stated. Plastube Pty Ltd may require payment of such charges before despatch. 3. AVAILABILITY OF STOCK 3.1 Product lines are subject to alteration or withdrawal without notice. 3.2 Plastube Pty Ltd does not warrant the availability of goods. 4. REJECTION AND CANCELLATION OF ORDERS 4.1 Plastube Pty Ltd may reject any orders by notice in writing to the Customer within 2 days of receipt of the Customer’s order. 4.2 Cancellation of orders by the Customer shall not be made at any time without the written consent of Plastube Pty Ltd. 5. DELIVERY 5.1 Except for goods agreed to be supplied ex-works, or by the Customer’s nominated carrier, Plastube Pty Ltd shall use its best endeavours to deliver or arrange for the delivery of the goods at the Customer’s premises (or other agreed destination) and at the agreed time for delivery, but no liability shall attach to Plastube Pty Ltd if the goods are not delivered at the time. Plastube Pty Ltd shall notify the Customer as soon as practicable of any delays or likely delays in delivery. 5.2 The Customer shall bear all proper costs including freight and insurance in respect of the delivery to or at the direction of the Customer. The method of delivery shall be specified by the Customer, but if not specified, such delivery shall be at the discretion of Plastube Pty Ltd provided that all carriers engaged to deliver the goods (other than Plastube Pty Ltd own carriers) shall be the agents only to the Customer. 6. TERMS OF PAYMENT 6.1 Unless otherwise specified in writing by Plastube Pty Ltd, the Customer shall pay Plastube Pty Ltd within 30 days following the date of delivery. 6.2 No deduction to the contract price shall be allowed by way of set-off, counter-claim or otherwise without the express written permission of Plastube Pty ltd. 6.3 If the Customer fails to make payment, Plastube Pty Ltd may: 6.3.1 demand that all future dealings be on the basis of cash payments at the time of placement of an order; 6.3.2 charge interest, on any accounts outstanding for more than 7 days at the rate of 2% per month; 6.3.3 withdraw or vary any credit facilities previously provided; 6.3.4 demand that the Customer pay for any costs to collect the amount payable including legal and other costs Plastube Pty Ltd may incur in obtaining payment from the Customer. 7. CLAIMS No claims for shortage or damage shall be considered by Plastube Pty Ltd unless received in writing by Plastube Pty Ltd and also notified in writing to any carrier known by the Customer to be concerned within fourteen (14) days of the delivery. No claim for non delivery shall be considered unless received by Plastube Pty Ltd in writing within fourteen (14) days of invoice date. 8. RETURN OF GOODS 8.1`Goods may only be returned with Plastube Pty Ltd written consent prior to despatch. Plastube Pty Ltd shall not be responsible for any loss or damage to goods arising out of any refusal by Plastube Pty Ltd to accept return of goods when such authorisation has not been given. 8.2 Return will only be credited where goods are received in good order and condition. 8.3 The Customer shall pay return freight and all incidental expenses for returns regardless of the reasons for such return. In addition a 15% re-stocking fee applies. 9. WARRANTY 9.1. Subject to this term, Plastube Pty Ltd warrants to the Customer that the goods will, under proper use, be free from defect due solely to faulty workmanship and materials for a period of twelve (12) months from the date of delivery to the Customer to the extent that upon return to Plastube Pty Ltd (freight pre-paid) during that period of any goods or parts of the goods covered by this warranty Plastube Pty Ltd shall, if such goods or parts are found by Plastube Qld to be so defective at Plastube Pty Ltd option, give a credit or supply a replacement for such goods or parts. 9.2. This warranty will not apply if the failure of the product is attributable to: a) use of the product other than for its intended purpose, outside of its technical capabilities or other than as contained in the recommended operating conditions. b) incorrect installation; c) damage incurred to the product prior to installation; d) incorrect storage or handling; 9.3. In the case of goods not manufactured by Plastube Pty Ltd the manufacturer’s Conditions of Sale will apply to those goods and Plastube Pty Ltd will not be subject to any liability whatsoever. 9.4. Except as required by mandatory operation of law (or as otherwise now expressly provided), all conditions or warranties in respect of goods, express or implied, statutory or otherwise, (including without limitation any warranties as to fitness for any particular purposes) are hereby excluded. Under no circumstances is Plastube Pty Ltd liable to pay compensation for any injury, loss or damage sustained by the Customer or user of the goods however arising. In all cases Plastube Pty ltd liability is confined to crediting, repairing or replacing goods free of charge. 10. TITLE Title of the goods shall not pass to the Customer until the Customer pays all monies owing to Plastube Pty Ltd in respect of the goods. Until full payment is made by the Customer for the goods, the Customer shall hold the goods UPON TRUST for Plastube Pty Ltd absolutely and shall store the goods in such a way that they can be separately identified from other products. Plastube Pty Ltd is entitled to enter the premises of the Customer to take possession of goods in respect of which payment is overdue. The Customer may as Trustee for and on behalf of Plastube Pty Ltd sell to a third party goods in respect of which payment has not been made and the Customer shall hold the book debt arising from such sale and upon payment of such debt, the proceeds of sale (only to the extent of the monies and any outstanding interest owing to Plastube Pty Ltd in respect of the Products) UPON TRUST for Plastube Pty Ltd absolutely and the balance of the book debt or proceeds shall belong to the Customer absolutely. 11. RISK Risk shall pass to the Customer: 11.1 in respect of goods supplied ex-works, at the time of such supply; 11.2 in respect of goods delivered to the Customer by Plastube Pty Ltd own carriers, at the time of delivery to the Customer; 11.3` in all other cases, at the time of despatch by Plastube Pty Ltd. 12 INSURANCE 12.1 Plastube Pty Ltd will insure the goods in transit on Plastube Pty Ltd own carriers up to the time of delivery to the Customer’s delivery point. 12.2 No insurance coverage is provided after the goods have been delivered to the Customer’s nominated carrier or for goods supplied ex-works. 13 PALLET RETURN Where goods are delivered on pallets and the pallets are left in possession of the Customer, a charge for each pallet will be made against the Customer’s account. The Customer’s account will be credited for any pallet previously charged and returned in good condition to Plastube Pty Ltd premises. 14 FORCE MAJEURE Plastube Pty Ltd is not under any liability in respect of delay in delivery arising from any cause outside Plastube Pty Ltd control including without limitation industrial disputes and any claim extension for such delay. 15 VARIATION IN TERMS 15.1 Plastube Pty Ltd may vary these terms and conditions of sale without notice provided that no variation shall bind Plastube Pty Ltd unless made by Plastube Pty Ltd or consented to in writing by Plastube Pty Ltd.
15.2 No agent or contractor (including any distributor) of Plastube Pty Ltd has any authority to alter these terms and conditions.
Plastube Pty Ltd
Phone: 0410 220 349 Fax: 07 3036 5703
Email: qld@plastube.com.a Web: http://www.plastube.com.a
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