TERMS AND CONDITIONS OF SALE

1. DEFINITIONS

In the following the “Company” shall be Industrial Plastics (ACN 078 675 466) and the “Customer” shall be the entity purchasing the goods or services.

2. TERMS

1. These conditions of sale apply to all transactions between the Customer and the Company, including all quotations, offers, orders or sales.
2. These conditions (which will only be waived or varied in writing by the Company) will prevail over all conditions to the extent of any inconsistency.
3. Minimum invoice value is $20.00+GST.
4. The Company accepts all orders either verbally or in writing in good faith in the belief they are true and correct. Should any order be verbal, the customer acknowledges that the Company’s records are true and correct and will not be disputed.
5. The Customer acknowledges that it is their responsibility to advise the Company of any changes relating to the trading entity and the account. This would include but not be limited to business address/details change and owner or director changes. The Customer acknowledges that failure by them to advise of any change does not in any way limit the Company’s right to pursue full payment or recovery of goods should the need arise.

3. TERMS OF PAYMENT

1. Payment will be accepted by: Cash; Cheque; Credit Card; or Electronic Funds Transfer. Where a Customer has an Account and pays with Credit Card a 1.5% surcharge will be applied.
2. Cash sales require a 50% deposit on placing of order and balance of account to be paid prior to pick-up or dispatch.
3. The Customer will pay the full price of each order to the Company within the terms of their individual credit agreement.
   If payment is not made within terms the Company may without demand:

(i) Retake possession of the goods, and limiting the generality of the foregoing the Customer hereby irrevocably authorises and licences the Company and its servants and agents to enter upon any premises where any goods may be stored and to take possession of the goods;
(ii) Charge the Customer interest calculated on the account overdue at the rate of 1.5% per month from the date on which such default arose;
(iii) Require the Customer to reimburse the Company for all fees, collection or legal costs incurred to institute such recovery process.
(iv) The whole sum owing by the Customer shall immediately become due and payable and the Customer shall not thereafter be entitled to purchase goods on credit from the Company unless the Company has agreed.

4. The Company may, at its option and without prejudice to any of its rights, either suspend further deliveries, require payment in advance or terminate any contract by written notice to the Customer where the Customer:

(i) Defaults on any payment due under the agreement;
(ii) Commits an act of bankruptcy;
(iii) Being a corporation, is subject to: a petition being presented, an order being made or a meeting being called to consider a resolution for the Customer to be wound up, deregistered or dissolved; a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations Act 2001 being appointed to all or any part of the Customer’s property and undertaking; the entering of a scheme of arrangement (other than for the purpose of restructuring), or any assignment for the benefit of creditors.

4. DELIVERY & INSTALMENT DELIVERIES

1. While the Company endeavours to keep delivery dates, any delay of delivery, for any reason whatsoever, will not entitle the Customer to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement.
2. The Company shall not be liable for any failure to deliver, or any delay caused by any circumstances beyond the control of the Company, such as any acts of God, strike, combination of workmen, industrial action, lockout, difficulty in procuring suitable materials required in the manufacture of the goods, shortage of stocks, lack or shortage of labour, delays in transportation or in transit, governmental or legal prohibitions or restrictions, fire, flood, hostility, civil commotion or other impediments whatsoever reasonably beyond the Company’s control.
3. Where the Customer fails to request or accept instalment deliveries in accordance with the terms of the contract the Company may store the goods at the risk and cost of the Customer and the Customer will be deemed to be in default of payment for the delivery.
4. Where goods are ordered for delivery by instalments, each delivery will be deemed a separate order in accordance with the terms of the contract.
5. Failure to deliver any instalment shall not entitle the Customer to terminate its agreement with the Company.

5. RISK

1. Risk in each order will pass to the Customer upon despatch of that order or upon collection by the Customer’s agent or courier as the case may be.
2. Subject to clause 3(c) (i), where, in accordance with these terms, the Company accepts return of any goods, risk in those goods will revert to the Company upon delivery of the goods to the Company or upon collection of the goods by the Company’s agent or courier as the case may be.
3. Any property of the Customer’s under the Company’s custody or control will be entirely at the Customer’s risk as regards loss or damage.

6. RETENTION OF TITLE

1. Notwithstanding delivery of the goods, until the Customer has effected full payment legal title to the goods will remain with the Company.
2. With the Company’s consent (which is given), the Customer is at liberty to sell the goods, in the ordinary course of the Customer’s business.
3. The Customer is not an agent of the Company in any sale of the goods by the Customer.
4. After an Event of Default, the Company may undertake any of the process as outlined in 3 (c).

7. ACCEPTANCE OF GOODS & RETURNS

1. The Customer will inspect the goods immediately upon delivery or upon collection of order by the Customer’s agent or courier as the case may be.
2. All claims against the Company regarding the quality, nature, fitness, suitability, conformance with description or defects of the goods must be made in writing to the Company within 7 days of delivery. The Company does not accept liability for any such claim not made in accordance with these terms.
3. All returns must be authorised by the Company. The Company will credit returned goods only if they are in a saleable condition and will be subject to a minimum handling charge of $20 or 15% of the price of the goods returned, whichever is the greater. Documents must quote the invoice number and reason for return. Freighting costs for returns are at the Customer’s expense. Cut lengths, sheets without paper backing and fabricated products are non returnable.
   (e) In the event of justified objection notified by the Customer, the Company may, at its option either reduce the purchase price, accept the return of the goods and give a credit to the Customer for the value of the goods less a restocking fee or replace the goods with no additional claims of any nature whatsoever made against the Company.

8. ADVICE & INFORMATION

1. Any advice, recommendation, information, assistance or service given by the Company in relation to goods sold or manufactured by the Company or their use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability and the Company does not accept any liability or responsibility for any loss suffered from the Customer’s reliance on such advice, recommendation, information, assistance or service.

9. INTELLECTUAL PROPERTY

1.  Where Industrial Plastics has designed or drawn Goods for the Customer, then the copyright in those designs and drawings shall remain vested in Industrial Plastics, and shall only be used by the Customer at the Company’s discretion.
2. Where any designs or specifications have been supplied by the Customer for manufacture by or to the order of the Company then the Customer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party.
3. The Customer warrants that all designs or instructions to Industrial Plastics will not cause the Company to infringe any patent, registered design or trademark in the execution of the Customer’s order.
4. Where the Customer has suppled drawings, Industrial Plastics in its sale conditions may look for an indemnity that the specifications and design of the Goods (including the copyright, design right or other intellectual property in them) are the property of the Customer.

10. TRADE PRACTICES ACT

The terms in this agreement that exclude or limit the Company’s liability will apply only to the extent permitted by law. Provisions of the Trade Practices Act 1974 (as amended) and other statutes from time to time in force cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent. This agreement must be read and construed subject to any such statutory provisions.