GENERAL CONDITIONS OF SALE
All goods supplied by Ricky Richards (Sales) Pty. Limited (hereinafter called “the company”) are supplied in accordance with these terms and conditions of sale.
- These terms and conditions including the terms and conditions overleaf constitute a complete and exclusive statement of the agreements and understandings between the Company and Purchaser with respect to the subject matter hereof, notwithstanding any conditions to a contrary effect which may be expressed in any of the Company’s documents and supersedes all prior arrangements, written or oral. All additions and modifications to these terms and conditions of sale shall be in writing and shall be signed by both parties and attached hereto as “the Schedule”.
In these conditions “Purchaser” is the person, firm or company who or which is purchasing the goods the subject of this quotation or contract.
- By acceptance of deliveries made in pursuance of any purchase order placed upon the Company, Purchaser accepts the terms and conditions contained The Company’s failure to object to any term or condition contained in any communication from purchaser shall not be deemed to be a waiver of these terms and conditions.
- The Company warrants that the goods supplied by it as “A” or “First Grade” shall be free form defects in workmanship and materials. The Company’s sole responsibility under this warranty will be to either repair or replace, at the Company’s option, any goods which fail because of a defect in workmanship or material or to credit the Purchaser’s account with the value of any goods which are
- Subject to any legislation to the contrary, no warranty is given in respect of goods described as “B” or “Seconds” and Purchaser shall accept such goods including all defects that may be contained in
- Subject to any legislation to the contrary:-
- Representations and agreements not expressly contained herein shall not be binding upon the Company as conditions, warranties or representations.
- All other conditions, warranties and representations on the part of the Company whether expressed or implied, are hereby expressly negative and
- Any advise or information provided by the company in relation to goods sold or manufactured by it or their use under any specific conditions, the life and wear of the goods or their immunity from the possibility of attack by corrosion, pitting, erosion, chemical, electrolytic action or otherwise is given in good faith and is believed by the Company to be appropriate and reliable but is given without liability as to the suitability of the goods for any
- The Company shall not be liable for any loss or damage arising from the failure of the goods or from the design or operation thereof or for any advise provided in connection
- The Company shall be under no liability to Purchaser for any loss (including but not limited to loss of profits and consequential loss) or for damage to persons or property or for death or injury caused by any act or omission (including negligent acts or omissions) of the Company, its servants or agents.
- All promises of delivery are made in good faith in light of conditions and circumstances prevailing at the time. The company shall not be liable to the Purchaser for any damage, injury or loss (including but not limited to loss of profits or consequential loss) arising out of any delay in or failure to make delivery of the
- Supply of goods is subject to the Company’s availability As it may from time to time be impossible to supply any or the exact quantity of goods ordered, the Company reserves the right to reject any order, supply a lesser quantity or up to 10% in excess of the goods ordered, to Purchaser’s account.
- No orders or any part of any order shall be cancelled or rescheduled except with the prior written consent of the Company and upon terms that will indemnify the Company against all loss and damage suffered by the Company as a result of such cancellation or
- Purchaser shall accept or reject goods supplied hereunder within 10 days from receipt. If purchaser fails to notify the Company in writing of its
rejection and the reasons therefore within such time period, Purchaser shall be deemed to have accepted the goods.
- Proof of delivery will not be provided later than one month after statement Thereafter all goods will be considered to have been delivered in
- Returns for any reason cannot be made:-
- without the prior written authorisation of the Company; and
- unless accompanied by a delivery docket showing the Company’s authorisation reference
The cost of freight for returned goods shall be at Purchaser’s expense, unless the Company has previously agreed to arrange for the return of the goods by the Company’s nominated carriers.
- All prices quoted are based on prices of material and labour rates ruling at the date of Any variation may be at the Company’s option to
- Prices are exclusive of, and Purchaser is responsible for and shall pay, all sales tax, stamp duties and like levies or
- The goods are at Purchaser’s risk from the occurrence of the first time of any of the following events:-
- the passing of property to purchaser;
- the physical delivery of the goods to Purchaser or to such other person or premises as Purchaser directs; and
- the physical delivery by the Company to any carrier or any bailee for delivery to
- Unless otherwise agreed to in writing by the Company, goods are not insured in If Purchaser requires cover to be effective on his behalf, full
details must be supplied with the order and all resulting charges will be to Purchaser’s account.
- Unless otherwise agreed to in writing by the Company, the purchase price shall be paid by the Purchaser to the Company in full within 30 days of the date of the invoice and Purchaser shall not be entitled to withhold payment or make any deduction from the purchase price in respect of any set-off or counter claim.
- Purchaser acknowledges that he is in possession of the goods supplied by the Company solely as bailee for the company until such time as the purchase price thereof has been paid in full to the
- If Purchaser fails to pay the purchase price within the period specified in condition 16 or otherwise breaches any of these conditions or becomes insolvent or takes the benefit of the bankruptcy laws or being a company enters into liquidation (expect for the purpose of solvent amalgamation or reconstruction) the Company shall be entitled, without prejudice to any other right hereunder or at law, to enter Purchaser’s premises in which the goods are located and repossess the goods, and, for this purpose, Purchaser hereby permits the Company to enter those premises without hindrance or obstruction.
- The contract between the Company and Purchaser shall be governed by and construed in accordance with the laws of the State of New South Wales and by the applicable laws of the Commonwealth of
- The Company will be allowed to inform Credit Reporting Agency any information allowed by the Privacy Act 1988 (Commonwealth).