TRADING TERMS AND CONDITIONS OF AUSTRALIAN CORPORATE ESSENTIALS
ABN 39 167 379 728
Customer Acceptance of Terms and Conditions. By placing an order for goods and services with Australian Corporate Essentials the customer is deemed to be bound by the terms and conditions of this agreement.
Nothing in these Terms and Conditions will exclude, restrict or modify any condition required by law.
“Customer” Recipients of all goods supplied by Australian Corporate Essentials
“Goods” All product obtained by customer from Australian Corporate Essentials from time pursuant to this Agreement.
2. TERMS OF PAYMENT
Unless otherwise stated, the first 3 orders with the company shall be on a COD basis. Account status may be granted after this time at the descrection of the company. If a customer fails to comply with any terms of payment or requirement to secure payment, Australian Corporate Essentials reserves the right to withhold further deliveries or, at its option, terminate the order and any unpaid amount shall then become immediately due. Any queries in respect of invoice shall be given to Australian Corporate Essentials in writing within 14 days of the invoice, otherwise the customer will be deemed to have accepted the goods in satisfaction of the customer’s order.
If Australian Corporate Essentials fees or expenses remain unpaid for 30 days after the date of the invoice, the customer will be considered to be in breach of these Terms and Conditions. The purchaser agrees to reimburse Australian Corporate Essentials for any legal or collection expenses, if such are sustained in order to recover amounts due under these Terms and Conditions.
3. RETENTION OF TITLE
Title to and property in the goods supplied to the customer pursuant to any order shall pass to the customer only when the goods have been paid for in full. All goods which have not been fully paid for must be stored separately from other property, so that they are identifiable. If payment is not made by the due date Australian Corporate Essentials shall, without prejudice to our other remedies, be entitled to enter any premises where the goods are or are reasonably thought to be, and retake possession of the goods and hold them until payment in full has been received, or to re-sell the goods and to recover the deficiency on the re-sale plus costs of repossession from the customer. The customer may sell the goods in the ordinary course of business, provided that in doing so the customer makes the sale as Australian Corporate Essentials agent/bailee, and that the customer holds the proceeds of sale on trust for Australian Corporate Essentials, and if such proceeds are not received, the customer assigns Australian Corporate Essentials its rights from the sale immediately upon request.
Australian Corporate Essentials is under no obligation to insure the goods after they have left its place of business, after which the goods will be at the customer’s risk.
5. PRODUCT SPECIFICATION
Australian Corporate Essentials reserves the right to discontinue and to modify designs and change specifications of any product included in its catalogue and price list.
6. SPECIFICATION AND DRAWINGS
Every effort is made to ensure that specifications, drawings and other information in correspondence, catalogues, web site, etc are correct and accurate, but no warranty is given in respect of them, and Australian Corporate Essentials shall not be liable for any error in them.
7. FORCE MAJEURE
Australian Corporate Essentials shall not be liable for any failure or delay to supply any goods or services due to any cause or circumstance outside Australian Corporate Essentials reasonable control, including, but not limited to acts of omissions of the customer, breakdown of machinery, shortage of labour, strikes, lockouts, industrial disputes, fire or tempest, theft, vandalism, riots, civil commotions, wars, government restrictions, intervention and/or control, transport delays or accidents of any kind.
8. CREDIT AND RETURNS
Any goods purchased by the customer from Australian Corporate Essentials may only be returned to Australian Corporate Essentials where notification of the proposed return of the goods is received within 7 days of the invoice date, and Australian Corporate Essentials has agreed in writing to accept the return of the goods and the goods are returned at expenses of the customer.
No goods made to special order may be returned for credit, unless agreed by Australian Corporate Essentials.
Freight and transport costs from Australian Corporate Essentials nominated warehouse and in-transit insurance incurred in respect of goods are the responsibility of the customer. Customers may nominate carrier to be used for delivers, or alternatively use Australian Corporate Essentials appointed carrier(s) with whom favourable freight rates have been negotiated.