home   catalogue   latest   about   location   contact us   search	11 March 2010
TERMS AND CONDITIONS The Customer agrees that if this Application is approved by ‘Giboo Pty Ltd’ (‘The Company’) the Customer shall accept the following terms and conditions:- 1. Payment for all goods will be made by the Customer to the Company by the end of the month following the month in which the goods are supplied. Notwithstanding any refusal of acceptance or denial of due delivery, the goods shall be deemed to have been delivered to the Customer on the date upon which the Customer is notified the goods are ready for delivery to the Customer. 2. If payment is not made by the end of the month following the month in which the goods are supplied, or as otherwise stated on the foot of the invoice, the Company may charge interest on the amount outstanding at the rate of interest chargeable by the Company’s bank on unsecured overdrafts in excess of $100,000.00 plus three per cent per annum calculated and payable monthly. 3. All sales of goods made to the Customer by the Company are only upon the terms contained in this Application or may be varied by the Company from time to time. Until all conditions of sale are notified to the Customer, the Customer agrees that the current conditions of sale as set out in this Application shall continue to apply. 4. The Company at any time without giving any reason may refuse to extend any further credit to the Customer and insist on payment by the Customer by cash on delivery. The Company’s approval of this application will not oblige the Company to extend to the Customer any particular amount of credit, whether or not the Company has or does at any time nominate a credit limit for the Customer. 5. The Customer shall inspect the goods immediately upon the delivery of those goods to the Customer and the Customer shall within seven (7) days of such delivery give notice to the Company of any matter or thing by reason whereof the Customer may allege that the goods are not in accordance with the goods described in the order or invoice. If the Customer does not give such notice within seven (7) days, the goods delivered shall be deemed in all respects in accordance with the order or invoice and the Customer shall be bound and accept and pay for the same. No goods may be returned to the Company unless by prior arrangement with the Company 6. Complaints in respect of alleged faulty goods shall not entitle the Customer to withhold any payment of any sum which has been made payable to the Company and shall not give rise to any rights of set-off unless and until any amount to be allowed by the Company has been ascertained and admitted. 7. The risk in respect of the goods shall pass to the Customer upon delivery of the goods to the Customer or it’s agent or other persons to whom the Company has been authorised by the Customer to deliver the goods (and the Company shall have no responsibility in respect of the safety of the goods thereafter and accordingly the Customer should insure the goods thereafter against such risks, if any, as it thinks appropriate) but until the goods are paid for in full, ownership shall remain with the Company and the Customer shall hold the goods as bailee for the Company. The Customer is not permitted to dispose of the goods until they are paid for in full together with interest owing in respect of late payment without the specific consent in writing of the Company and in the event the Company consents to the disposal of the goods, the monies resulting from the sale are to be specifically ear-marked and placed into a separate account until paid in full to the Company. Without Prejudice to any of the rights of the Company arising under these conditions of sale or otherwise by law, if the Customer defaults in payment of any amount (or interest payable thereon) pursuant to these conditions of sale or commits an act of Bankruptcy (if a natural person) or a Receiver or Manager is appointed or the Customer (being a company) goes into liquidation or voluntary administration, the Company may at it’s option retake possession of goods for which the Customer has not paid and enter upon the Customer’s premises by its servants or agents for that purpose. In the event the Company retakes possession of the goods, the Company may without prejudice to any other rights, resell the goods and recover form the Customer damages including the difference between the sale price to the Customer and the re-sale price. 8. Where the customer is an individual (or individuals) whether or not trading under a business name, the Customer (and where there is more than one such individual each of the Customers) shall remain personally responsible for all goods supplied by the Company to the Customer. 9. Where the Customer (or one of them where there is more than one) incorporate or otherwise change their entity under which they are trading, such persons shall remain personally liable for all goods supplied to the Customer and the new entity whether or not those goods are ordered and/or supplied before or after incorporation or change of entity of the Customer until the Company has been notified in writing such notification and the new corporation or other entity has supplied adequate information and security to the Company (including directors’ or other guarantees where requested by the Company). 10. The terms of trade will apply to all goods delivered to the Customer and may only be varied or altered by letter/notice in writing signed by a representative of the Company. 11. The terms set out in these conditions of sale contain all the conditions of the sale of the goods and no warranty, condition, description or representation on the part of the Company (whether expressed or implied) other than those expressly set out in writing, form part of the contract of sale of the goods. Any statutory or other warranty, condition, description or representation express or implied in state, quality of fitness of the goods is expressly excluded to the extent permissible at law. 12. If the Customer nominates a financial institution as alternate purchaser of the goods (which nomination shall only be with the consent of the Company) the following shall apply:- a) If payment in full for the goods is not made to the Company in accordance with condition one, the Customer shall be responsible for the payment of the price of the goods and any interest thereon and will indemnify the Company for such amounts and any other loss or damage sustained by the Company and the result of default in payment; b) If the goods are delivered by the Company to or at the direction of the Customer the goods shall be deemed to have been delivered by the Company to the Customer. 13. The Customer acknowledges that the Company accepts no responsibility for the unauthorised use of the credit account and that the onus is on the Customer to supervise the placement of its orders. 14. The Company reserves the right to request a personal guarantee from company directors prior to the granting of credit facilities.
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