MULGUNDAWA INVESTMENTS PTY LTD T/A AUSTRALIAN SALTWORKS
STANDARD TERMS AND CONDITIONS OF SALE
In these terms and conditions (“Terms”):
1. DEFINITIONS - In these terms and conditions (“Terms”):
“ASW” means Mulgundawa Investments Pty Ltd trading as Australian Saltworks of PO Box 71 Langhorne Creek SA 5255
and where appropriate includes its employees, agents and contractors;
“Customer” means the person or body corporate buying goods from ASW;
“Delivery” will be deemed to occur when the Goods have left the Premises or control of ASW after collection by the Customer or for transport to the Customer;
“Goods” means all goods sold by ASW to the Customer;
“GST” means the Goods and Services Tax imposed by Australian law;
2. SALE TERMS APPLY - The Customer, by purchasing Goods acknowledges that these Terms apply.
3. NO VARIATION - These Terms prevail over any terms and conditions of the Customer in relation to the Goods
4. GST - Prices quoted by ASW for the Goods are GST exclusive unless expressly stated otherwise.
5. PROPERTY IN THE GOODS – RETENTION OF TITLE
5.1 Property (equitable and legal ownership) of the Goods remains with ASW and will not pass to the Customer until payment to ASW of all accounts owing by the Customer, even if risk in the goods has passed.
5.2 ASW may enter onto any property owned, used or controlled by the Customer (using reasonable force if necessary, and without being liable for trespass, negligence or damages) for the purpose of repossession of the Goods should the Customer default in its obligations to ASW.
5.3 If Goods supplied by ASW to the Customer become constituent or component parts of other goods, then a proportion of the proceeds of sale of those other goods (equal to the amount owing to ASW at the time of receipt of such proceeds) will, for the purpose of satisfying any outstanding debt owing to ASW by the Customer, be held in trust by the Customer for ASW.
6. CUSTOMER’S ACCEPTANCE OF GOODS AND SERVICES
6.1 Risk in the Goods passes to the Customer on Delivery.
6.2 The Customer is deemed to accept the Goods upon Delivery.
6.3 The Customer indemnifies ASW from and against all claims arising in connection with the transportation and storage of Goods after Delivery.
7. PAYMENT TERMS
7.1 Payment for Goods must be made by cheque, direct deposit to ASW’s nominated bank account or credit card. First orders must be prepaid, then terms revert to 14 days from invoice date or as alternatively arranged with ASW. Overdue accounts of more than 7 days may result in suspension of your account until payment has been received in full.
7.2 As of the 1st August 2019, a credit card surcharge will be added to payments made using a Visa, MasterCard or Amex card. Rates are charged as per the nominated payment provider.
7.3 Any expenses, costs or disbursements incurred by ASW in recovering any outstanding monies including debt collection fees and Solicitor costs shall be paid by the Customer. It is our policy to list any defaulting accounts with ARMA Debt Resolution. This listing will appear on the Customer’s credit file and may affect any further credit applications.
8. TRANSPORT OF GOODS
8.1 The Customer will pay additional freight charges incurred by ASW for any transport required by the Customer.
8.2 ASW may arrange for transport of the Goods by any independent contractor or sub-contractor. Where ASW has agreed specifically to insure the Goods, then liability of ASW will be limited to physical loss of or damage to the Goods up to the limit of that insurance.
8.3 ASW will not be liable to the Customer for any claim, liability, expense, or cost arising directly or indirectly out of nondelivery or delay caused by circumstances beyond ASW’s reasonable control.
8.4 ASW may unilaterally suspend any delivery for any period and/or cancel any agreement for sale or performance of the Goods without any liability whatsoever as a consequence of any circumstances beyond ASW’s reasonable control or if the Customer is in default of payments to ASW.
9. RETURNS - Returns of faulty Goods must be notified by the Customer to ASW within 14 days of receipt.
10. LIMITATION OF LIABILITY - ASW will not be liable to the Customer for any consequential loss or damage arising from any fault or weakness in the Goods.
11. TRADE PRACTICES ACT - All warranties or conditions implied by law are, to the extent permitted by law, excluded. In the event of breach by ASW of any condition or warranty implied by the Trade Practices Act 1974, liability will be limited to the cost of, or the payment of the cost of, having the Goods repaired or replaced (at ASW’s discretion).
12. SEVERANCE - It is agreed that if any provision in these Terms is unenforceable at law, then that provision may be severed without affecting any other part of these Terms.
13. NOTICES - Any notice, invoice or document for the Customer will be deemed sufficiently served if posted by ordinary prepaid post addressed to the Customer at the Customer’s address set out in its Order Form and will be deemed to have been received by the Customer in the ordinary course of post.
14. JURISDICTION - These Terms are governed by and will be construed in accordance with the laws of South Australia and the parties submit to the jurisdiction of the courts of that State.