Terms & Conditions
1. DEFINITIONS
“Company means BMS GROUP AUSTRALIA ABN 39 002 638 968 of Unit 5,2-12 Beauchamp Rd, Matraville NSW 2036″Purchaser” means the purchase of the Goods specified in the invoice.”Goods” means the products and services, if any, specified in the invoice.
2. General
These terms and conditions govern all contracts for sale or supply of Goods by the Company unless otherwise agreed in writing.
3. Orders
All orders are received subject to acceptance by the Company and the Company and the Purchaser agree all orders are given and accepted subject to these terms and conditions.No order placed with the Company and accepted by it may be cancelled without the Company’s written consent and on such terms as the company may stipulate.
4. Tax
Goods and Service Tax will be charged on all Goods. Prices quoted by the Company are exclusive ofGST.
5. Prices
Prices are subject to change without notice
6. Delivery
Delivery dates given by the Company are approximate only and rely on prompt receipt of all necessary information
regarding the order.The Company will use its best efforts to meet an estimated date of delivery but will not be liable for any claim lessor expense sustained or incurred by any person and arising out of or as a result any delay on delivery due to circumstances whatsoever.Delivery discrepancy of goods must be notified within 7 days after receipt of Goods. The notification must include the original invoice number.
7. Delivery Times
Local orders for Sydney Metropolitan delivery, placed before 4pm will be despatched and delivered the following working day.Interstate orders placed by 12pm (AEST) will be dispatched the same day and delivered ex-Sydney:
Melbourne and Brisbane
1-2 working days
Adelaide
2 working days
Perth
5 working days
Tasmania
4 working days
8. Return of Goods
In every instance, transaction for return of Goods must first be approved by the Company.No goods will be accepted for return unless they are in good order and condition, and the original invoice number supplied.Financial claims / claims of faulty stock must be made in writing with all relevant information, the Company is not responsible for any other costs, losses or damage arising whether directly or indirectly for Goods soldThe Company reserves the right to impose a restocking fee, if goods have been ordered incorrectly returned in a usable state.
9. Terms of Payment
The Company reserves its right to stop supply to the Purchaser if any invoice is outside of payment terms terms. All accounts are to be settled in accordance with the Company’s agreed trading terms (unless otherwise agreed in writing). Should there be any invoices or part thereof under dispute, then all remaining outstanding balances are to be paid strictly in accordance with the agreed trading terms(unless otherwise agreed in writing). should payment remain outstanding beyond the Company’s payment terms the Customer is liable for all costs including legal costs (on a Solicitor/Own client basis) and mercantile agents fees incurred by the Company in recovering the amount outstanding.
10. Change of Ownership
The Customer agrees to notify the Company in writing of any change of ownership of the Customer within 7 days from the date of such change, and indemnifies the Company against any loss or damage incurred by it as a result of the Customers failure to notify the Company of any changes.A new credit application will be required under change of ownership
11. Retention of Title
Property in the Goods will not be passed to the Purchaser but will remain in the Company until payment in full of the purchase price of the Goods is received.
12. Force Majeure
Where the Company is unable, wholly or in part, by reason of an act of God, strike, lockout or other interference with work, war (declared or undeclared), blockade, disturbance, lightning, fire, earthquake, storm, flood, explosion, government or quasi-government restraint, unavailability or delay in availability or equipment or transport, inability or delay in obtaining government or quasi-government approvals, consents, permits, licenses, authorities or allocations, and any other cause whether of the kind specifically enumerated above or otherwise which is not reasonably within the control of the Company (“force majeure”) to carry out any obligation under this Contract, the Company will notify the Purchaser of that force majeure and the performance of the Company’s obligations will then be suspended so far as it is affected by force majeure during the continuance thereof.
13. Termination
The Company may terminate this agreement, with immediate effect, by notice in writing to thePurchaser, upon the occurrence of any one of the following events.If the Purchaser entered into any composition or arrangement with its creditors or has a receiver appointed over any of its assets or is subject of any resolution or petition for a winding up or judicial management (other that for the purposes of amalgamation or reconstruction).If the Purchaser has committed a breach of any terms of this agreement or any previous agreement for the purchaser of goods between the Company and the Purchaser and fails to rectify such breach(if capable of rectification) within 14 days of service of a notice in writing calling upon it to rectify such a breach.
14. Governing Law
These general conditions are governed by, construed and enforced in accordance with the laws ofNew South Wales, Australia. Disputes arising from there terms and conditions are subject to the exclusive jurisdiction of the courts of New South Wales, Australia.