Metforce Balustrades
Perth
08 9302 3686
Sydney
02 9524 2003
Adelaide
08 9302 3686
Home >> Conditions of Sales

Conditions of Sales


1.1 Payment in respect of all goods sold and delivered shall be made by the Purchaser,without any deduction and/or set off, within 30 (THIRTY) days from end-of-month, unless otherwise agreed in writing.
1.2 No discount will be allowed unless the discount and period within which payment must be made is specified on the invoice and the purchase price is paid within the period so specified.

2 If an order acceptance is not signed and returned within 7 days, the seller will take it that the order acceptance and its contents have been accepted in full.

3 The risk in and to the goods sold and delivered shall pass to the Purchaser:
3.1 On delivery of the goods by the Seller to the Purchaser and/ or its agent; or
3.2 in the event of the Purchaser and/or its agent collecting the goods from the Seller, on taking control of the goods at the Sellers premises.

4.1 Ownership of the goods delivered shall remain vested in the Seller until payment of the purchase price has been received in full.
4.2 The Seller shall, in its sole and absolute discretion, be entitled to retake possession of any goods, in respect of which payment has not been made and in respect of which payment is due and/ or overdue. In which event the Purchaser shall be entitled to a credit in respect of the goods returned to the Seller in an amount to be determined by the Seller at its sole and absolute discretion.

5 Until the full purchase price of the goodssold and delivered has been paid, thePurchaser shall ensure that the goods are adequately insured against the usual risks and produce proof of such insurance, to the Seller, on demand.

6 The purchaser shall be liable to pay interest on all overdue amounts due at 2% (TWO PERCENT) over the prime bank overdraft rate as charged from time to time by National Australian Bank of Australia.

7 The Seller's price lists do not constitute anoffer by the Seller to sell goods at theprices therein reflected, and are publishedmerely for information purposes.

8 In the event of the Purchaser failing to effect payment on due date or committingany other breach of the terms of thisagreement, all of which are deemed to bematerial, the Seller at its option andwithout prejudice to any of its rights in law,shall be entitled to:
8.1 Re-take possession of the goods sold and delivered to the Purchaser, in respect of which ownership has not passed;
8.2 Demand that the Purchaser immediately make payment to the Seller of all amounts in respect of all goods sold and delivered by the Seller to the Purchaser notwith-standing that payment in respect of such goods might not then be due and payable.

9 It is agreed that, notwithstanding anything to the contrary herein contained, the Seller shall be entitled to apply set-off in respect of all goods sold and delivered by it to the Purchaser on immediate delivery of the goods to the Seller notwithstanding that the Purchaser may have been given an extended period within which to effect payment.

10 The Purchaser shall be obliged to accept delivery when delivery is tendered to it, at the address given on the face hereon. Should the Purchaser purport to cancel the sale, or part thereof, the Seller shall be entitled, at its option, to claim immediate payment of the full purchase price, or the balance thereof, as the case may be, against tender of the goods, subject to the Sellers being entitled to recover such damages as it may suffer.

11.1 All orders are irrevocable. The Purchaser is aware that the Seller may on acceptance of the order, place contracts for the acquisition of the goods to be supplied. In the event of the Seller agreeing to cancel the order and / or to accept return of any goods, the Purchaser may be liable for a 20% handling charge, calculated on the Sales price of the goods ordered or returned subject to the Seller being entitled to recover such damages that it may suffer.
11.2 In the event that the seller agrees to accept cancellation of an order, and the order was confirmed in an AUD price where forward cover was bought, the buyer will be responsible for the loss made on resale of such Dollar forward cover contract.

12 In the event of an order being given to the Seller on the Purchaser's official order form, the Purchaser will be estopped from denying the validity of such order notwithstanding the fact that such order may have been given or signed by the Purchaser, an employee, an agent or representative of the Purchaser.

13 If the purchaser organizes a third party to collect the goods, all risk will lie with the purchaser once the goods are loaded onto the third party's truck.

14 The prices reflected on the Seller's invioice shall include all transport charges in respect of delivery of the goods. In the event of there being any additional transport costs necessitated at the instance and request of the Purchaser, the Purchaser shall be liable for such transport costs, which shall be payable on the same terms and conditions as agreed upon in respect of the sale of goods.

15 The Seller undertakes to deliver the goods as ordered by the Purchaser and does not warrant that such goods will be suitable for the purpose for which they are purchased. It is expressly recorded that the Seller's representatives do not have authority to warrant that the goods are fit for any particular purpose.

16 The Seller shall not be responsible for any damage whatsoever whether direct or consequential arising out of the use of the goods. In the event of there being any

17 Unless the Purchaser notifies the Seller of any shortages in and/or damages to the goods delivered within 48 hours, the Seller shall not be liable for any shortage and / or damage.

18 The signature of any employee or agent of the Purchaser which appears on the Seller's official delivery note or waybill, or the delivery note of any authorised independent carrier , will constitute conclusive proof of the delivery of goods to the Purchaser.

19 The Seller's invoices and statements shall constitute prima facie proof of the amount owing by the Purchaser to the Seller. In the event of the Purchaser disputing the quantity of goods received by it and/or their value, the onus of proving that the quantity and/or price reflected on the Seller's invoices and statements is incorrect shall rest upon the Purchaser.

20 Should the Purchaser fail to object to any item reflected on the Seller's statement, the statement shall be deemed to be in order and the Purchaser shall be deemed to have received delivery of each and every item appearing on such statement, and having agreed to any of the amounts as thereon reflected.

21 No warranties, express or implied, shall be deemed to be given by the Seller, except if specifically given on individual products. In certain cicumstanced the Seller may act as agents to Manufacturers and in such cases, the Manufacturer's warranty may apply, and in such cases the Seller will cede and assign such warranty to the Purchaser. Such a warranty however does not make the Seller liable.

22 The conditions set out herein together with those appearing on the Terms and Conditions of Sale attached to the Application for Credit Facilities constitute the sole agreement between the parties and no alteration to or variation of the terms and conditions shall be of any force or effect unless agreed to by the Seller, in writing. Any terms or conditions appearing on any Purchaser's order in conflict with the provisions hereof shall be of no force or effect.

23 The Purchaser nominates as its domicilium citandi et executandi, for service upon it of all notices and process, its principal place of business.

24 The Seller shall be entitled but not obliged to institute any proceedings against the Purchaser in a Magistrate's Court. The Purchaser agrees to be liable to the Seller for all legal costs incurred as well as all collection charges including tracing fees and collection commissions

25 No extension of time or any other relaxation or indulgence granted by the Seller to the Purchaser shall operate as or be deemed to be a waiver by the Seller of any of its rights under this agreement, or a novation of any of the terms and conditions of this agreement.

26 In the event that the seller loads, fastens, ties or secures the sold goods onto the purchaser's vehicle, all risk and safety of those goods and vehicle remain with the purchaser and/or driver of that vehicle.

27 Where delivery of a product is requested, and Seller agree to deliver such product, the delivery will be made with only one driver. Assistance could be requested in offloading such product. Products will only be offloaded in the immediate vacinity of the vehicle. No products will be carried up stairs or onto uneven building sites and terrain.

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