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1. The Applicant warrants that the information comprised on the application is accurate, correct and complete
and is supplied for the purpose of obtaining credit.
2. The person/s signing the application warrants that he/she is duly authorised by the Applicant to apply for credit and execute
the Application on its behalf.
3. The Applicant agrees that it is not entitled to any credit facilities until it receives notice in writing from Superfine
Printing Co. Pty Ltd ABN 39 000 204 320 (“Superfine”) stating that credit facilities have been given and confirming the terms and conditions upon which
such credit facilities are given. Until the Applicant receives such a notice, any goods that are supplied by Superfine to the Applicant shall be on basis of
Cash Upon Delivery (“COD”).
4. The parties agree that if, prior to formally approving credit, Superfine grants the Applicant time to pay for any goods
supplied. It does so on these terms and conditions.
5. In the event of Superfine granting credit
facilities to the Applicant then:
a) All accounts are to be settled in full within the
agreed trading terms noted on the Superfine statement and/or invoice. Credit
facilities may only continue if payment is maintained in accordance with those
agreed trading terms.
b) Should the Applicant default in making payment in
accordance with the agreed trading terms, then all monies due to Superfine shall
immediately become due and payable. Superfine shall be entitled to charge
interest at the rate of 2.5% per calendar month on all overdue amounts from the
due for payment until the date of actual payment.
c) Any expense and/or costs and disbursements
incurred by Superfine in recovering any outstanding monies including debt
collection agency fees and the Applicant shall pay legal costs.
d) It is expressly understood and agreed that this
credit arrangement may be terminated at any time by Superfine. In the event, all
monies owing to Superfine will be immediately due and payable.
e) Superfine may at any stage during the continuance
of the credit arrangement impose as a condition precedent to the grant of
further credit that the Applicant give such security or additional security as
Superfine shall in its discretion think fit. Superfine shall be entitled to
withhold supply of goods or further credit until such security or additional
security is obtained.
f) Superfine reserves the right to recover from the Customer all Goods and Services Tax payable
in respect of the Supply of Goods and Services to the Customer. A Surcharge is payable on all Credit Card
Payments unless previously agreed in writing.
6. Trust.
Where the Applicant is a Trustee, the Applicant
shall be liable on the account and in addition the assets of the Trust shall be
available to meet payment of any monies due and owing to Superfine.
7. Change of Ownership/Particulars.
The Applicant will notify Superfine no later than 14
days after any change of ownership, change in particulars, any alteration or
addition to shareholders or directors and any change, alteration or addition to
the Applicant’s internal structure and senior management.
8. Privacy Act.
The Applicant and in the case of a corporate
Applicant, its directors, hereby authorises and unconditionally grants its
consent to Superfine obtaining from a credit reporting agency or other persons
or company, information and/or reports concerning it from time to time during
the continuance of its credit account so as to assist Superfine in deciding
whether to grant credit or to continue to grant credit to it or for collecting
overdue payments in respect of commercial credit applied for or provided to it.
The Applicant further authorises and consents to Superfine obtaining and
disclosing information about its credit worthiness to and from credit reporting
agencies and credit providers (including identity particulars and details of
overdue payments), who have or are or intend to enter into some commercial or
business dealings with it and/or grant credit to it. For the purposes of this
paragraph ‘report’ and ‘information’ include any credit report originating from
a credit reporting agency or any other record or information that has any
bearing on the Applicant’s creditworthiness, credit standing, credit history,
credit capacity and personal information.
9. Law.
The parties agree that these terms and conditions of
credit shall be governed and construed in accordance with the laws of the State
of New South Wales and the parties agree to submit to the jurisdiction of the
Courts of that State.
10. Terms and Condition of Sale.
The Terms and Condition of trade appearing overleaf
are expressly incorporated into these Terms and Conditions of Credit and shall
apply in respect of all sales made to the Applicant.
11. Acknowledgement.
The Applicant and signatories appearing below hereby acknowledge receipt of a copy of this
Application and Superfine’s Terms and Conditions of Trading, and agree to be bound by the same.
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1. Definitions and Contract.
The goods listed on the invoice and/or delivery docket (“Goods”) supplied by Superfine Printing Co. Pty Ltd,
ABN: 39 000 204 320 (“Superfine”) to the person placing an order for the purchase of goods (“Customer”) are sold
subject to these Terms and Conditions. No variations to these Terms and Conditions are permitted unless expressly
accepted by Superfine in writing.
2. Order Acceptance.
No order shall be binding on Superfine until accepted by Superfine. Superfine reserves the right to accept any
order in whole or part. Where Superfine makes a part delivery of any order, such delivery shall
constitute a separate contract.
3. Payment Terms.
All credit orders are accepted by Superfine subject to satisfactory credit approval. Where credit approval has
not been granted, payment for the Goods is required on delivery to the Customer. Where credit has
been granted, payment for the Goods is to be made on or before 30 days from the
date of invoice or 15 days from the date of a consolidated monthly statement,
whichever is earlier. Payment is made in full without set off or deduction. Any
disputed invoices will be investigated and, if resolved in favour of the
Customer, a credit will be issued to the Customer.
4. Title of Goods.
a) Ownership in the Goods does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Goods or otherwise, to Superfine.
b) The Customer shall take delivery of the Goods at the agreed delivery address. Risk in respect of the Goods shall pass on delivery.
c) If the Goods are sold by the Customer, the Customer acknowledges that such sale is by the Customer as bailee for an on behalf of
Superfine, to hold the proceeds of sale on trust for Superfine, in an account in
the name of Superfine, until payment in full to Superfine for the Goods is made.
d) Each of the rights and obligations in this clause are severable and independent so that if any is deemed to be invalid or unenforceable, it shall be automatically deleted from this clause.
5. Delivery.
Prices for the Goods will, unless otherwise stated, include delivery to an agreed local delivery point. Superfine reserves the right to
charge separately for delivery to any point specified by the Customer, which has
not been specifically accepted by Superfine.
6. Conflicts.
These Terms and Conditions shall apply to the exclusion of all
other Terms and Conditions contained in the Customer’s order. In the event of
any inconsistency, Superfine shall be deemed, by delivering Goods to the
Customer or supplying services to the Customer, to have made an offer to the
Customer to sell the Goods or supply services subject to these Terms and
Conditions, which offer will be deemed to have been accepted if the Customer
retains the Goods or accepts the services.
7. Return of Goods.
The Company will not be liable for shortage, loss or damage to
goods or materials in transit in Australia or elsewhere unless notice is given
to the Company in accordance with Terms and Conditions of the insurance cover in
respect of the particular consignment. Such notice must be given.
a) All shortages and damage must be reported to the Carriers and the Company in writing within three days of receipt of goods.
b) In the case of loss within 14 days of the scheduled arrival
date or in such other manner as may be specified in the covering documents.
No claims for any deficiencies will be considered unless the
above conditions are adhered to.
We regret that we cannot accept the return of Goods supplied
against orders, except by prior written agreement by Superfine.
a) The invoice and job numbers must be quoted to Superfine.
b) A credit may be given to the Customer.
c) Risk in the Goods remains with the Customer until the Goods
are received by Superfine.
8. Warranty.
Except for those required or implied by legislation, Superfine gives no express warranty in relation to the Goods and/or Services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by and on behalf of Superfine in respect of the Goods and/or Services. Certain legislation (including the Trade Practices Act 1974), may imply certain conditions and warranties into this contract. To the extent that such conditions and warranties may, as between Superfine and the Customer, lawfully be excluded, all such conditions and warranties are hereby expressly excluded.
9. Patents and Designs.
The Company shall not be liable in respect of any claim which may
be made against the Company for infringement of letters, patent or registered
design which may arise as a result of the Company carrying out instructions
given by the customer and the customer agrees to indemnify and keep indemnified
the Company from and against all or any such claims and against all costs,
damages and expenses incurred by or recovered against the Company in respect of
any such claims.
10. Quotations.
Quotations do not constitute an offer by the Company to supply the goods or carry out the work referred to therein,
and no order placed in response to a quotation will be binding unless
accepted by the Company in writing. All such acceptances by the Company
are subject to availability of the necessary materials and to the
Company being able to obtain any necessary authorisation and/or licences
and to the same remaining valid.
11. Over/Under supplies.
a) The customer acknowledges that whilst the printer will make every
endeavour to produce the exact number of items in the Order, owing to human and/or machine/computer error the number of items actually produced may be 10% over or under the number specified in the Order (“a discrepancy”).
b) Where a discrepancy occurs the printer will adjust the amount
charged to the customer for the Order a pro rata amount to reflect the actual
number of items produced.
12. GST.
Superfine reserves the right to recover from the Customer all Goods and Services Tax payable in respect of the Supply of Goods and Services to the Customer. A Surcharge is payable on all Credit Card Payments unless previously agreed in writing.
13. No Waiver.
The failure of Superfine to exercise, or the delay in exercising any right, power or privilege available to it under these Terms and Conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or exercise of any other right or power.
14. Proper Law and Jurisdiction.
These Terms and Conditions and the contract for the sale of the Goods shall be governed by and constructed in accordance with the law in force in New South Wales and the parties submit to the jurisdiction of the Courts of that State. Superfines’ Terms and Conditions comply with The Printing Industry of Australia Terms of Trade.
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