STANDARD TERMS & CONDITIONS OF SALE
In these Conditions of Sale
“the Firm” means TEBCO , “the Buyer” means the person, Firm or Company purchasing the Goods, “the Goods” means the materials and/or services subject to the contract
between the Buyer and the Firm.
2.1 Unless otherwise agreed in writing, every order, sale, quotation and contract placed with the Firm shall be subject to these Conditions of Sale to the extent that the same are
applicable which are deemed to be agreed and accepted by all parties involved and override any standard terms and conditions stipulated, incorporated or referred to in the Buyer’s
2.2 These Conditions of Sale shall be governed by the laws applicable in NSW and the Buyer submits to the jurisdiction of the NSW Courts and Tribunals.
2.3 If any clause or part of these Conditions of Sale not being of a fundamental nature is held to be illegal or unenforceable the validity and enforceability of the remainder of these
Conditions of Sale shall not be affected.
3.1 The Buyer shall pay the price of the Goods stated in the invoice which will be the price ruling at the date of delivery or collection (“Price”).
3.2 The Buyer shall pay GST at the rate specified in the invoice.
3.3 Unless otherwise agreed in writing the price is exclusive of packaging costs, freight charges, delivery costs. bank charges and such other charges notified by the Firm to the Buyer
all of which costs if incurred are payable by the Buyer (“Price Additions”).
3.4 If the cost to the Firm of supplying the goods not yet delivered shall be increased materially by any dispute or cause and the parties concerned cannot agree on how such increase/shall be borne, the Firm may cancel the Contract without liability in respect of such undelivered Goods.
3.5 Where delivery of the Goods is to be made by installments, each delivery shall be treated as a separate contract and failure, suspension or delay in any delivery or defect in the
Goods delivered shall not vitiate the Contract as to other deliveries.
4. ACCEPTANCE AND RISK
4.1 The Buyer accepts the Goods and the Goods are at the Buyer’s risk immediately upon leaving the Firm’s premises, whether the Goods are delivered by the Firm or by someone
other than the Firm or collected by the Buyer. If the Buyer wishes to insure against loss or damage to the Goods after they have left the Firm’s premises it shall be the Buyer’s
responsibility to do so.
4.2 All delivery dates are estimates only and the Firm shall not be liable in damages for any delay nor shall the Buyer be entitled to refuse or to accept delivery except where delay of
an unreasonable length has occurred due to circumstances within the Firm’s control without limiting the generality of the foregoing. The following circumstances shall be deemed
NOT to be within the Firm’s control.
Act of God, war, riots, civil commotions, strikes, lock-outs, trade disputes, fires, breakdowns, interruptions of transport, Government action, and delay in delivery by the Firm’s
During any such period of delay the Buyer after giving reasonable prior written notice of his intention to do so shall be at liberty to purchase elsewhere such Goods only as shall
be necessary for the Buyer’s immediate requirements and to cancel a delivery from the Firm of any corresponding quantities so purchased.
5. TERMS OF PAYMENT
5.1 The Buyer shall pay the Price and Price Additions (“Total Price including GST”) before the end of the month following the month of invoice (“due date”), unless otherwise stated on
the invoice this shall be deemed the due date.
5.2 If the Buyer does not pay the full amount of the Total Price on or before the due date the Firm may charge interest at the rate of 1.5% per calendar month on the outstanding balance of
the Total price from the due date until the full amount of the Total Price has been paid to the Firm.
5.3 All expenses incurred by the Firm in collecting overdue payment from the Buyer including debt collection agency, legal and court fees shall be payable by the Buyer to the Firm as
a debt due forthwith upon demand by the Firm.
5.4 The Buyer shall send all amounts due under these Conditions of Sale to the address of the Firm printed on the front of the invoice.
5.5 If the Buyer shall fail to make any payment on the due date or becomes bankrupt or enters into liquidation (other than for the purposes of amalgamation or reconstruction) or makes any composition arrangement with creditors or has a receiver appointed of its undertaking property or assets or any part thereof the Firm shall have the option to withhold or cancel further deliveries provided that the failure on the part of the Firm to exercise such option in respect to one or more deliveries shall not affect their right to exercise it in respect of other deliveries.
6.1 The Buyer shall inspect or shall be deemed to have inspected the Goods upon delivery. Where the Goods supplied are not in accordance with the contract the Buyer shall give
notice in writing within 7 days of receipt. The Firm will at their option,
(a) credit the Buyer with the price; or
(b) replace same
All other warranties or conditions as to the Goods or their fitness for any purpose are excluded except where by statute such exclusions are prohibited. Slight changes in colours,
thickness or marbleizing do not constitute sufficient ground for complaint.
7.1 The Buyer may only return goods to the Firm for credit if;
7.1.1 The prior written approval of the Firm for the return has been obtained
7.1.2 the freight costs on the return have been paid by the Buyer.
7.2 If the Buyer returns the Goods otherwise than in accordance with Clause 7.1:
7 2.1 the Firm may at its sole discretion accept the return and grant a credit to the Buyer;
7.2.2 if the Firm does not accept the return the Firm may hold the goods on the Buyer’s behalf at the Buyer’s expense until arrangements satisfactory to the Firm are made by
the Buyer for the disposal of the goods.
No order for Goods placed by the Buyer and accepted by the Firm may be cancelled or deferred without prior consent in writing of the Firm and in the case of custom-made Goods
ordered by the Buyer no order for such Goods may be cancelled after:
8.1 the Firm has scheduled manufacture of such Goods; or
8.2 the Firm has purchased the materials required for the manufacture of such Goods.
9.1 Property in and title to each unit of the Goods supplied shall not pass to the Buyer until payment has been received by the Firm in full (each unit being considered as a whole).
9.2 Until property in the Goods passes to the Buyer hereunder the Buyer shall, unless otherwise agreed by the Firm in writing, store the Goods so that they are clearly identified as the property of the Firm.
9.3 If the Buyer fails to make payment in accordance with these Conditions of Sale or the Firm reasonably believes the Buyer is unable to make payment for the Goods within prescribed terms, the servants or agents of the Firm shall be entitled to enter any premises in which the Goods are stored to repossess the Goods. (Without being in any way liable
9.4 Unless payment has been made in full to the Firm, the Buyer shall be entitled to re-sell the Goods or part thereof in the ordinary course of business only upon the condition that the proceeds of the Sale of the Goods or such part of the Goods as shall be so sold shall be held by the Buyer in trust for the Firm.
10. BUYER’S STATUTORY RlGHTS.
These Conditions of Sale shall not exclude, limit, restrict or modify the rights entitlement and remedies conferred upon the Buyer, or the liabilities imposed upon the Firm, or any
Commonwealth or NSW legislation rendering void or prohibiting such exclusion, limitation, restriction or modification, but subject thereto all excludable conditions and warnings are
The Firm may provide material and /or advice and recommendations to assist the Buyer meet their requirements. It is the buyers responsibility to review all correspondence advice or recommendations including drawings and test result, and ensure that they comply with legislative requirements. The Firm will not be held liable in this regard.