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Terms and Conditions of Trade
These terms and conditions of trade apply to all our Sale of Goods Contracts. Any order placed with Contab International Limited ("Contab") constitutes your agreement to be bound by these terms. Any additional or different terms you stipulate or state in any communication with Contab (including an order) are hereby objected to and will not bind Contab unless Contab agree in writing. No sales person, representative or agent is authorised by Contab to give any guarantee, warranty or representation in addition to, or contrary to these terms.
1. PRICE AND PRICE VARIATION
1.1. Prices quoted are excluding GST unless otherwise stated.
1.2. Contab shall be entitled to adjust any price quoted from time to time and the Customer agrees to pay any such adjusted price to take account of variations in the cost to Contab of carrying out the whole or any part of the contract arising from any of the following:
1.2.1. Delays in delivery or installation of the goods or any of them as a result of instructions or lack of instructions from the Customer, the Customer's failure or inability to fulfil the obligations under the contract or any action or inaction by the Customer or other circumstances beyond Contab's control;
1.2.2. Variation in the cost of Contab acquiring the goods directly or indirectly, on account of changes in rates of freight and transport costs, insurance, customs duties, taxes, existing tariff classifications or any variation in currency exchange rates;
1.2.3. Variations in the cost of rates of all statutory, government or local government or governmental authority charges and obligations; or
1.2.4. Any correction of errors or omissions on the part of Contab or any of its representatives.
2. GST
2.1. All goods and services sold are subject to Goods and Services Tax.
3. PAYMENT
3.1. Unless otherwise agreed, payment terms are:
3.1.1. 50% deposit is required on acceptance of quotation, 30% prior to ordering glass (where applicable), and the balance payable on installation or pickup.
3.1.2. Where credit has been approved, ‘on account’ customers must pay by the 20th of the month following the month in which the invoice was dated.
3.2. Payment is accepted in the form of cash, cheque or direct credit.
3.3. If any account is in dispute, the undisputed portion of the account shall be payable in accordance with the customer terms of payment
3.4. Payment of the disputed portion may be withheld provided the matter is brought to Contab's attention immediately it is discovered and a letter of explanation setting out the particulars of the dispute is sent to Contab within seven days of the dispute arising.
3.5. Contab reserves the right to suspend delivery of further goods and services if the terms of payment are not strictly adhered to by the Customer.
3.6. Interest may be charged on overdue accounts at such rate as may be charged by Contab from time to time.
3.7. Any expenses, costs or disbursements incurred by Contab in recovering any outstanding monies including debt collection agency fees or solicitor's costs shall be paid by the Customer.
4. DELIVERY
4.1. Contab shall deliver the goods and services to the address stated on the order or as agreed by Contab in writing.
4.2. Any quotations of delivery times agreed by Contab are made in good faith but are estimates and not commitments and no delay in delivery will entitle the customer to refuse to accept delivery or cancel its order.
5. PRIVACY ACT 1993
5.1. The Customer authorises Contab to collect, retain, and use personal information about the Customer (including the information collected in this document) for the following purposes only:
5.1.1. assessing the Customer's creditworthiness.
5.1.2. disclosing to a third party details of this application and any subsequent dealings it may have with Contab for the purpose of recovering amounts payable by the Customer and providing credit references.
5.1.3. marketing goods and services provided by Contab to the Customer.
5.2. The Customer, if an individual, has a right of access to information about the Customer held by Contab. The Customer may request correction of that information and may require that the request be stored with that information. Contab may charge reasonable costs for providing access to that information.
6. INTELLECTUAL PROPERTY
6.1. Where Contab has followed a design or instruction furnished by or given by the Customer, the Customer shall indemnify Contab against all damages, penalties, costs and expenses of Contab or in respect of which Contab may become liable through any work required to be done in accordance with these instructions involving an infringement of a patent, trademark, registered design or common law right.
6.2. All equipment for specific use in the manufacture of the goods (other than those supplied by the Customer) remain the property of Contab unless the cost thereof (including all development and costs relating thereto) shall have been fully recovered by Contab from the Customer in the costing of the goods already paid for by the Customer.
6.3. All information prepared by Contab including, without limitation, customised pricing, proposals, details of improvements and cost reductions, is the intellectual property of Contab and cannot be copied, altered or distributed without Contab's prior written consent. Contab will not be liable for any alterations made by you.
7. RETURN OF GOODS
7.1. Contab will not accept the return of goods for credit or any other purpose unless Contab agrees to accept the return of the goods.
7.2. No returned goods shall be accepted by Contab (even if Contab agree to do so) if they have been tampered with by you or any other person and are not as new, if they are goods expressly sold on a non-return basis.
7.3. Where goods are returned to Contab but not accepted as above, they shall be returned to you at your expense.
8. PPSA SECURITY INTEREST
8.1. The Customer grants to Contab a Security Interest in the goods and the proceeds of the goods and the customer acknowledges that the agreement creates a purchase money security interest in the goods and the proceeds of the goods. The customer will, if Contab requests, sign any documents (including any new agreements), provide all necessary information and do anything else required by Contab to ensure that Contab’s purchase money security interest is a perfected security interest.
8.2. The customer will not enter into any security agreement that permits any other person to register any security interest in respect of the goods.
8.3. If the goods are for the customers business use the customer agrees, to the extent Part 9 of the PPPSA applies, that it will have no rights under Part 9 (Enforcement) of the PPSA.
8.4. The Customer waives its right to receive a Verification Statement in respect of any Financing Statement or Financing Change Statement registered by or on behalf of Contab in respect of the Security Interest created by these terms and conditions of trade.
8.5. Until the Customer has paid all money owing to Contab the Customer shall at all times ensure that the goods supplied by Contab, while in the Customer's possession, can be readily identified and distinguished
9. GUARANTEES
9.1. Where the goods are acquired for personal, domestic or household use or consumption in accordance with the Consumer Guarantees Act 1993 and the Consumer Guarantees Act 1993 applies to this contract:
9.1.1. if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, Contab will repair or replace those goods;
9.1.2. without excluding Contab's obligations under the Consumer Guarantees Act 1993, the Customer acknowledges that Contab does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by Contab in writing;
9.1.3. if the goods are acquired by the Customer for business purposes, the Customer agrees that the Consumer Guarantees Act 1993 does not apply;
9.2. The following terms apply wherever the Consumer Guarantees Act 1993 does not apply to this contract, or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:
9.2.1. Defective goods or goods which do not comply with the contract may at Contab's discretion be repaired or replaced.
9.2.2. Any right which the Customer may have to reject non-conforming or defective goods will only be effective if:
9.2.2.1. the Customer notifies Contab in writing within fourteen days following delivery and Contab is given the opportunity to inspect the goods; and
9.2.2.2. the goods are in the condition the Customer received them.
9.2.3. Contab will not repair or replace any goods for so long as the Customer is in default in relation to any amount owing.
9.2.4. In any event, Contab's liability under any claim shall not exceed the price of the goods.
9.3. Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms are to be modified to the extent necessary to give effect to that intention.
10. CUSTOMER'S LIABILITY & DEFAULT
10.1. If the Customer shall:
10.1.1. fail to make any payment due under the contract or commit any other breach of any of the Customer's obligations under the contract; or
10.1.2. suffer execution under any judgment; or
10.1.3. commit an act of bankruptcy; or
10.1.4. make any composition or arrangement with any creditor; or
10.1.5. being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it,
10.2. Contab (in addition to any other remedies hereby or by statute conferred) may treat the contract as terminated and any part of the purchase price then unpaid, together with any other monies owing hereunder, whether or not due under the terms of the contract shall forthwith become due and payable. Any such termination shall be without prejudice to any claim or right Contab may otherwise possess.
10.3. The Customer irrevocably permits Contab or any person authorised by Contab in writing, upon giving reasonable notice to enter any premises where the goods are reasonably believed to be held. The Customer also agrees to indemnify and hold the seller harmless for reasonable costs of removal, enforcement, and legal action in respect of the removal of goods the subject of this Agreement.
11. VARIATIONS TO TERMS AND CONDITIONS OF TRADE
Contab may from time to time and in its sole discretion amend, add to or delete any of the terms of these terms and conditions of trade with immediate effect by giving notice to the Customer PROVIDED THAT Contab shall not make any variation to the nature or extent of the Security Interest granted by the Customer without the written agreement of the Customer. Contab may notify the Customer by delivering to the Customer an order or invoice with these terms and conditions of trade and receipt of the order or invoice by the Customer will be deemed to be acceptance by the Customer of the terms and conditions of
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