Conditions of Sale
AUSSIE EROSION (ABN: 61 161 527 868)
TRADING AS AUSSIE ENVIRONMENTAL
GENERAL TERMS AND CONDITIONS OF SALE
All quotations given and the acceptance of any order placed by a Purchaser with Aussie Environmental (the company) shall be deemed to include acceptance of the following terms:
1.1 Unless expressly agreed to in writing and signed by a director of the company, these conditions shall prevail over any inconsistent terms, communications or form of contract and in the event of a buyer's purchase order containing or being at variance with these conditions, these conditions shall prevail.
1.2 No order shall be binding on the company until accepted by the company pending the issue of an invoice of supply.
2.1 All price lists/quotations and catalogues remain the property of the company and their contents are strictly confidential.
2.2 Any price lists issued by the company are subject to confirmation by the company and may be varied at any time. Written quotations shall be valid for a period of 30 days unless otherwise stated.
2.3 All prices are quoted on an ex-factory basis and are quoted in Australian dollars, unless otherwise stated.
2.4 All prices specifically exclude GST, unless stated otherwise. GST shall be charged at the rate as required by Government Legislation at the time of despatch, regardless of the rate of tax quoted at the time the company accepts the order. The purchaser shall be liable for any variation in the rate of GST.
3 Freight & Delivery
3.1 It is the purchasers responsibility to advise their preferred carrier at time of placing an order. If no carrier is specified the company will forward the goods freight collected via a freight company of the company’s choice. The risk of damage (but not title) shall pass to the buyer after the goods have been delivered to the buyer, or the buyers nominated carrier, or if no carrier is specified by the buyer, the carrier selected by the company.
3.2 The company is not responsible for goods damaged in transit and the buyer shall be responsible for insuring the goods against loss or damage during transit. All claims for damage in transport should be referred to the freight forwarder and/or the purchaser ’s insurance company.
3.3 All delivery times quoted are approximate only. We encourage customers to confirm orders, and final details of orders as early as possible. The company shall use all reasonable endeavours to deliver the goods within the original delivery time quoted but time of delivery or performance shall not be the essence and the company shall not be liable for any loss or damage whatsoever suffered by the purchaser as a result of such delay.
3.4 The company shall not be liable to the purchaser for any loss or damage suffered by the purchaser, of any kind, which is caused by, or arises out of, or is in any way consequential upon a delay or failure to deliver the goods.
3.5 The company shall have the right to invoice the Purchaser for a partial delivery of any order.
3.6 If the purchaser fails to collect or make arrangements for delivery of the goods, or requests the company to delay delivery of the goods, after the original scheduled date for delivery, after a period of 21 days after this date, the company reserves the right to charge the purchaser a reasonable amount for storage of the goods and/or the goods shall be invoiced to the purchaser at this date.
4.1 Title in any goods supplied to the buyer shall not pass until the price thereof has been paid in full, provided that risk in the goods shall pass to the Purchaser upon delivery. Until payment is made the Purchaser shall hold the goods as bailee for Aussie Environmental and shall, if requested store them separately from any other goods.
4.2 If payment is not made pursuant to the terms hereof, or if any monies are overdue, or if the Purchaser ceases to carry on business, or commits an act of bankruptcy, or makes an assignment for the benefit of creditors, or becomes subject to an Administration order or if the Purchaser is a company, an application is made for its winding up, if any goods have been delivered, but the price not paid in full, this amount shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary. The company may also (without prejudice to any of its other rights):
a) recover and resell the goods (notwithstanding any reasonable incidental consequential loss or damage in respect of goods which have become constituents of other goods) at its discretion and the Purchaser irrevocably authorises the company to enter any premises for that purpose.
b) cancel all existing contracts with the purchaser without any liability to the purchaser.
c) suspend further deliveries to the purchaser without any liability to the purchaser.
5 Warranty and Liability
5.1 The company shall not be liable for any damages, loss of profits or goodwill nor any direct or indirect economic or consequential loss in the respect of any claims by the purchaser or any third parties in respect to non-delivery, delayed delivery or of defects in the nature of, or the quality, or the quantity of any goods provided by the company.
5.2 No Claims for credit will be recognised unless received in writing by the company within 7 days of the delivery date.
6 Terms of Payment
6.1 The price for the goods becomes due on the date of the company ’s invoice and must be paid by the purchaser within 30 days of the receipt of the goods or receipt of the goods by the purchaser's nominated carrier, whichever is the earlier.
6.2 If the amount payable to the company by the purchaser on any account is left outstanding beyond the due date for payment, the company may suspend performance of its obligations under any or all contracts with the purchaser and if any goods have been delivered but the price not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
7.1 On cancellation of an order, if the cancellation is accepted by the company, or in the event of other default by a purchaser, a cancellation charge shall be payable by the purchaser equal to 20% of the value of the goods or in the case that the goods have been, or are being specifically manufactured for a purchaser, the charge shall be a proportion of the price which represents the percentage of the goods, of the total costs incurred by the company in relation to the order, or 20% whichever is the higher.
7.2 If any provisions of these Terms and Conditions are held to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions shall not be affected thereby.
8.1 Under no circumstances will Aussie Environmental be liable for any loss or damage to persons or property of any nature as a result, direct or indirect, of any defect, deficiency or discrepancy in products sold by Aussie Environmental. It is the Customer’s sole responsibility to ensure that the products sold are sufficient and suitable for the purposes of the Customer.
Access and use of the aussieenvironmental.com.au web site is subject to the following:
Copyrights and Trademarks
The information, data, software, photographs, graphs, video, typeface, graphics, images, illustrations, designs, icons and other material contained on this site are owned and copyrighted by Aussie Environmental and its licensors.
© Aussie Environmental & its licensors. All rights reserved. Reproduction or storage of information or works retrieved from this site, in all forms, media, technology now existing or hereafter developed is subject to the Copyright Act 1968.
Aussie Environmental and other names of Aussie Environmental products and/or services referenced herein are trademarks of Aussie Environmental. The use of any name, trademark, service mark, logo, symbol or other proprietary or marking belonging to any other person or entity on this site should not be construed as an endorsement or sponsorship of this site by any such person or entity or the participation by any such person or entity in the offering of goods, services or information through this site.
Aussie Environmental authorises users to copy materials published on the site for personal, non-commercial use, provided all appropriate copyright, notices and disclaimers are contained therein. Permission to use the Aussie Environmental name or any information provided in this site in advertising or publicity is not granted without specific, prior written permission. All images contained herein are owned or licensed by Aussie Environmental for use on this site only. Unauthorised use of any images is prohibited.
The information provided is presented “AS IS” and may include technical inaccuracies or typographical errors.
AUSSIE ENVIRONMENTAL WILL MAKE ALL REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION PRESENTED ON AUSSIEENVIRONMENTAL.COM.AU IS ACCURATE AND UP TO DATE BUT MAKES NO REPRESENTATIONS, WARRANTIES OR ASSURANCES (EITHER EXPRESSED OR IMPLIED) AS TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PRESENTED. AUSSIE ENVIRONMENTAL WILL NOT BE LIABLE FOR ANY DAMAGE OR INJURY THAT MAY ARISE FROM USE OF OR RELIANCE UPON ANY INFORMATION PROVIDED ON THIS SITE OR FROM YOUR INABILITY TO ACCESS THE SITE. AUSSIE ENVIRONMENTAL ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGE OR INJURY TO YOU, OR YOUR EQUIPMENT INCLUDING BUT NOT LIMITED TO VIRUSES OBTAINED THROUGH ACCESS OF THIS SITE OR FROM DOWNLOADING MATERIALS PROVIDED ON THIS SITE.
The aussieenvironmental.com.au website may contain links or references to other websites operated by parties other than Aussie Environmental. Such links are provided for reference only. These sites are not under the control of Aussie Environmental and Aussie Environmental accept no responsibility for the information provided on these sites. All links are provided as a convenience and are not to be construed as an endorsement of the content contained in the linked site. Linking to these sites is at user’s own risk.
aussieenvironmental.com.au is provided as a service to its users and customers. Aussie Environmental reserves the right to add, delete and/or modify any information on the site at any time without prior notification.
Use of Information
The sender of any communications to this internet site or otherwise to Aussie Environmental shall be responsible for the content and information contained therein, including its truthfulness and accuracy.