SPANSET AUSTRALIA LTD

TERMS & CONDITIONS OF TRADING

  1. Payment is due net 30 days from the end of the month.
  2. Should there be any default in the above payment terms, all monies owing by Applicant to Spanset Australia Ltd shall become immediately due and payable.
  3. SpanSet Australia Ltd reserves the right to charge interest at 5% p.a. above the rate applicable at the time of default to overdrafts up to $100,000 by ANZ Bank, such interest to be calculated on all monies and costs due or overdue up-the-date of payment. All expenses, costs, or disbursements incurred in recovering any outstanding monies, including debt collection fees and solicitor's costs, will be paid by the Applicants.
  4. SpanSet Australia Ltd reserves the right to withhold the supply of goods and services at any time without notice to Applicant. The applicant will advise SpanSet Australia Ltd of all material changes in name and/or financial status, which may result in the need to complete an additional Application for Commercial Credit.
  5. In the event of this application being successful, a fixed credit limit will be determined by SpanSet Australia Ltd. Should the account exceed this limit, SpanSet Australia reserves the right to withhold the supply of goods and services without notice.

  6. In addition to paragraph (I) below regarding specific terms on SpanSet Australia Ltd current orders or invoices, Applicant shall take delivery of goods at Applicant's nominated delivery address, and risk in respect of the goods shall pass on such delivery. To the extent that SpanSet Australia Ltd accepts responsibility for damage to goods in transit; such responsibility shall end upon delivery into Applicant's store or to its authorised agent.

  7. Notwithstanding paragraph (F) - above, until payment is made in full to SpanSet Australia Ltd.

    1. Property of the goods remains with SpanSet Australia Ltd, and Applicant agrees to hold the goods as bailee for Spanset Australia Ltd and to indemnify absolutely against loss of or damage to the goods, howsoever caused.

    2. SpanSet Australia Ltd may at any time terminate any contract relating to the goods and the bailment without Notice to the Applicant and may thereupon take possession of the goods or may assume the Applicant's interests and rights under any contract with the goods with a third party.

    3. Applicants authorize SpanSet Australia Ltd by its servant or agents to enter any premises owned, leased, or otherwise occupied by Applicant to recover goods and indemnifies SpanSet Australia Ltd against the use of reasonable force to obtain such possession.

    4. If the goods are sold by Applicant, Applicant acknowledges that such sale is by Applicant as bailee for and on behalf of SpanSet Australia Ltd and agrees to hold the proceeds of sale on trust for Spanset Australia Ltd until payment is made in full to SpanSet Australia Ltd for the goods.

  8. If Applicant is a Trustee, the Directors warrant that they have the authority and power to enter into this agreement and personally guarantee the performance of all the trusts obligations under this agreement.
  9. Applicant agrees to be bound by the Terms and Conditions of Trading of Sale for: - Delivery, Claims on Delivery, Returned Goods, Delivery Containers, Transport Charges, Pricing, Warranty, and Written Contracts, when and whereas stated on the current price list, invoices and/or notices sent to all customers of SpanSet Australia Ltd.
  10. There Terms and Conditions of Trading are additional to any other Terms communicated in respect of the sale of goods, and where they are in conflict, these Terms and Conditions of Trading shall prevail.
  11. Prices and other charges and discounts offered are subject to alteration without notice. Should an order be received by SpanSet Australia Ltd requesting supply on non-current pricing terms, SpanSet Australia Ltd has the right to amend the prices, charges, and discounts to reflect prevailing pricing terms.
  12. Goods, for any reason whatsoever, can only be returned to SpanSet Australia Ltd with SpanSet Australia Ltd’s written approval. SpanSet Australia Ltd will issue an RGA note which must accompany all returning goods. Used goods or goods manufactured, imported, or otherwise purchased for an Applicant's special order are not returnable for any reason whatsoever. Goods returned by the authority of SpanSet Australia Ltd will incur a 20% restocking/handling fee.
  13. Freight Charges – Capital Cities FIS – Free into Store by SpanSet Australia Ltd’s nominated carrier for purchases greater than $550.00 (excluding GST). Orders with a value less than $550 (excluding GST) will incur a freight charge of $40.00 per delivery; Regional Locations FIS Free into the store by SpanSet Australia Ltd’s nominated carrier for purchases greater than $700 (excluding GST). Orders with a value less than $700.00 (excluding GST) will incur a freight charge of $70.00 per delivery.
  14. Test Certificates will be supplied on all Lifting Slings.
  15. Except where goods are to be picked up by Applicant, SpanSet Australia Ltd will make every reasonable attempt to deliver goods on the agreed date. However, SpanSet Australia Ltd shall be under no liability whatsoever for whatever reason that goods are delayed and not delivered on the agreed date(s). Where delivery is requested overnight by Applicant, the cost and method of such delivery is to be arranged and borne by the Applicant.
  16. Any dispute or action in relation to these Terms and Conditions of Trading shall be subject to the absolute jurisdiction of the laws of New South Wales.
  17. These Terms and Conditions of Trading shall be binding upon Applicant, its successors, executors, administrators, and permitted assigns and shall inure to the benefit of Spanset Australia Ltd, its successors, and assigns.
  18. Applicant is responsible for the proper use of goods under the instructions supplied by SpanSet Australia Ltd and in a manner as stated in any act or Regulation in force in the State or Territory of use.
  19. As a manufacturer SpanSet Australia Ltd goods come with guarantees that cannot be excluded under Australian consumer law. Applicants are entitled to a replacement or refund for a major failure and/or compensation for any other concerns about the goods. Please contact SpanSet Australia Ltd in writing as soon as the defect or problem is identified or a concern arises. Applicants’ first point of contact is the testing offer and can be contacted via email: [email protected]; If applicants wish to speak to one of SpanSet Australia Ltd’s officers, the contact number is 02 4735 3955. All communications will be treated seriously and responded to promptly. This warranty does not extend to damage or defects that are the result of misuse by the customer. It also does not extend to any damage to the goods for any reason after the goods have been delivered. If there is an unreasonable delay between the defect and/or problem and notifying SpanSet, the warranty may not apply.

 

 

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