KO TRADES Terms And Conditions

 

 

DEFINITIONS

In these terms and conditions of sale (“Terms”) unless the context otherwise requires: “Supplier” means KO Welding PTY LTD ABN 86 637 849 702 “Catalogue” means the range of Goods advertised for sale by the Supplier from time to time. “Due Date”, is the 28th day of each month following the date of an Invoice. “Invoice” means a tax invoice issued by the Supplier for the sale of Goods to a Purchaser, which may include additional charges, including but not limited to freight and taxes. “Price List” means the price for Goods published by the Supplier or as advised by the Supplier in writing from time to time. “Purchaser” means a person or company that places an order to purchase Goods with the Supplier or to whom the Supplier provides a quotation for the sale of Goods; and “Goods” means the range of stock items or groups of items listed for sale by the Supplier, or supplied by the Supplier to a Purchaser, from time to time.

PRICING

  1. Prices shown in the Price List are subject to change without prior notice. Prices are current at the time of publishing. Orders for Goods accepted by the Supplier will be invoiced at the current price for the Goods at the time of dispatch.

PAYMENT TERMS

  1. The Purchaser acknowledges and agrees the Due Date is the 28th day of each month following the date of an Invoice. For example, if an Invoice is dated 3rd April, the Due Date is 28th April. If an Invoice is dated 29th April, the Due Date is 28th May.
  2. If payment is not received by The Supplier on an Invoice by the Due Date, an administration fee of 3.5% of the Invoice total will be added to each overdue Invoice, and an additional 3.5% for each subsequent month the Invoice remains overdue.
  3. If payment for an Invoice is made out via cheque, payment is not deemed complete until the cheque is honoured upon presentation. If any cheque payment is dishonoured, an accounting fee of $20 will be charged to the account for each dishonoured cheque.
  4. Direct payments by Credit Card, PayPal or EFT are to be made to the Supplier as account details identified on the Invoice.
  5. The Purchaser must give the Supplier written confirmation of the direct payment via email.
  6. Credit limits are subject to approval by the Supplier on application. The Supplier retains the right to deny an approval at their discretion.
  7. Accounts not maintained in accordance with these Terms will be placed on “Stop Credit” and the Supplier will not sell nor deliver further Goods to the Purchaser.
  8. If legal action is required to be taken to recover payment on outstanding accounts or Invoices, the Purchaser will be liable for all costs incurred by the Supplier of and incidental to this legal action.

JURISDICTION

  1. The Purchaser acknowledges and agrees that this agreement shall be governed by the laws of Victoria, and the laws of the Commonwealth of Australia which are in force in the state of Victoria.
  2. The Purchaser acknowledges and agrees that any contract for the supply of goods or services between the Supplier and the Purchaser is formed at the address of the Supplier.
  3. The parties to this agreement submit to the non-exclusive jurisdiction of the courts of Victoria and the relevant federal courts and courts competent to hear appeals from those courts.

INDEMNITY

  1. The Purchaser agrees to indemnify the Supplier and keep the Supplier indemnified against any claim that arises out of the goods and services supplied under this agreement.  This indemnity includes any legal fees and expenses the Supplier incurs in order to enforce its rights, on an indemnity basis.

INSOLVENCY

  1. If the Purchaser becomes insolvent, the Purchaser remains liable under this agreement for payment of all liabilities incurred hereunder.  The Purchaser remains liable under this agreement even if the Supplier receives a dividend or payment as a result of the Purchaser being insolvent.

GOODS AND SERVICES TAX (“GST”)

  1. GST will be charged at the rate of 10% on all Goods sold by the Supplier. The total GST will be listed separately on the Invoice. All prices shown in the Price List are inclusive of GST.

DELIVERY

  1. Goods are sold inclusive of delivery charge, unless express freight is chosen at an additional fee. Delivery of Goods is deemed effected:

(a) when the Goods have been collected by the freight company from the Supplier; or

(b) when the Purchaser or the Purchaser’s agent or freight company has collected the Goods from the Supplier.

RETURNS AND CLAIMS

  1. No returns for Goods will be accepted without the prior agreement of the Supplier. Claims for returns must be made within 72 hours of the receipt of the Goods. Returns must be accompanied by:

(a) the Supplier’s Invoice (or Invoice number); and

(b) a statement by the Purchaser of the reason for the return of the Goods.

 

  1. Returns must be in original condition, in original packaging, with no alterations, amendments or missing items. Goods are to be returned with freight prepaid with the exception of:

(a) warranty claims on Goods; or

(b) goods supplied due to the Supplier’s error.

  1. A restocking fee of 10% of the value of the Goods will apply where:

(a) the Supplier has supplied stock ordered by the Purchaser in good condition;

(b) no warranty claim is made; and

(c) the goods have not been supplied due to the Supplier’s error.

GUARANTEE

  1. All Goods supplied by the Supplier are guaranteed free from any defect at the time of dispatch. Any Goods considered by the Supplier to be defective will be either replaced, covered by store credit to the full Goods value, or fully refunded to the Purchaser at the Supplier’s discretion, provided that the Supplier is notified promptly and the Goods are returned to the Supplier for inspection in accordance with these Terms. This guarantee is void if any repairs to the Goods are attempted by anyone other than the Supplier.
  2. The Supplier will not be responsible for any labour costs that may be incurred in the replacement of any Goods.
  3. The Supplier will not be liable to repair defects in any Goods where the costs of repair exceed the replacement cost of the Goods to the Supplier.
  4. The guarantee contained in these Terms is limited to Purchaser credit accounts maintained in accordance with these Terms.
  5. Any Goods used on hire, charter or commercial craft are excluded from the benefit of the guarantee contained in these Terms.

SPECIFICATIONS

  1. Specifications shown in the Supplier’s Catalogue are correct to the best of the Supplier’s knowledge at the time of publishing. The Supplier accepts no responsibility for any discrepancies in this regard. The Supplier reserves the right to amend or update any specifications for any Goods in the Catalogue without prior notice.

BACKORDERS

  1. Backorders will not be generated for Goods unless a Purchaser asks the Supplier to backorder Goods for them. The Supplier will make every reasonable effort to contact a Purchaser when Goods on backorder have been received into stock.

RESERVATION OF TITLE

  1. The Supplier retains the title, property and ownership in all Goods ordered, delivered or agreed to be sold to the Purchaser until the Supplier’s Invoice for the Goods has been paid in full. The risk in any Goods supplied to the Purchaser will pass when the Goods are delivered to the Purchaser (or to another party nominated by the Purchaser).

PROVISION OF FURTHER INFORMATION

  1. The Purchaser undertakes to comply with any reasonable written request by the Supplier to provide further information for the purpose of assessing the Purchaser’s creditworthiness, including an updated credit application.
  2. If the Purchaser is a corporation (with the exception of a public listed company), it must advise the Supplier of any alteration to its corporate structure (for example, by changing directors, shareholders, or its constitution).  In the case of a change of directors or shareholders the Supplier may ask for new guarantors to sign a guarantee and indemnity.

CORPORATIONS

  1. If the Purchaser is a corporation, the Purchaser warrants that all of its directors have signed this agreement and that all of its directors may be required to enter into a guarantee and indemnity with the Supplier in relation to the Purchaser’s obligations to the Supplier.

TRUSTEE CAPACITY

  1. If the Purchaser is the trustee of a trust (whether disclosed to the Supplier or not), the Purchaser warrants to the Supplier that:

(a) the Purchaser enters into this agreement in both its capacity as trustee and in its personal capacity;

(b) the Purchaser has the right to be indemnified out of trust assets;

(c) the Purchaser has the power under the trust deed to sign this agreement; and

(d) the Purchaser will not retire as trustee of the trust or appoint any new or additional trustee without advising the Supplier.

  1. The Purchaser must give the Supplier a copy of the trust deed upon request.

PARTNERSHIP

  1. If the Purchaser enters into this agreement as partners, the Purchaser warrants that all of the partners have signed this agreement and that all of the partners may be required to enter into a guarantee and indemnity with the Supplier in relation to the Purchaser’s obligations to the Supplier.
  2. If the Purchaser is a partnership, it must not alter its partnership (for example, adding or removing partners or altering its partnership agreement) without advising the Supplier.  In the case of a change of partners, the Supplier may ask for new guarantors to sign a guarantee and indemnity.

MISCELLANEOUS

  1. The Supplier is not liable for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Purchaser as a result of the goods and/or services supplied under this agreement.
  2. If any provision of this agreement is not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.
  3. If any part of this agreement is invalid or unenforceable, that part is deleted and the remainder of the agreement remains effective.

COPYRIGHT

  1. No part of the Supplier’s Catalogue or Price List may be re-printed or reproduced, in whole or in part, without the prior consent of the Supplier.