- Wales Tradelinks

Terms And Conditions

1.INTERPRETATION:

Conditions and the contract to which these conditions apply:

Wales Tradelinks Australia PTY LTD, means “The Seller”. “The Seller” means the person who sells the goods. “The Buyer” means the person who buys or has agreed to buy the goods. “The Goods” means any item or item of whatever nature sold by the seller. The “Contract” means the Invoice and the terms within the invoice.

2. PAYMENT:

a) All new Buyers accounts will be subject to C.O.D (Cash on Delivery) terms for the first three (3) months or more if Credit approval form has not been submitted and approved.

b) Unless by prior agreement with the seller in writing, the total value of the invoice shall be paid in full 30 days from the end of the month of invoicing. The time period for payment and the price of the goods on the invoice will be the essence of the Contract. If the buyer fails to abide by the terms of the Contract the seller may treat the Contract as repudiated by the buyer, or may until payment in full is made, suspend the delivery of the goods that are the subject of the contract and any goods that are the subject of any other contract with the buyer. The Seller in the act of suspending the delivery of one or all contracts to the Buyer will not incur any liability whatsoever that may be borne by the buyer. In addition, but without prejudice to the common law rights of the Seller, the Buyer (if so required by the Seller) pay interest daily to the Seller on any amounts outstanding at the rate of 3% per annum above the Business lending indicator rate of the National Australia Bank until all arrears are paid in full. The Buyer shall not be entitled to make deductions from the value of the invoice to offset for any payments made in compensation to the Seller or to make any counter claim to the Seller. All charges in relation to dishonoured Cheques will be borne by the buyer. The term “Payment in full” will only be applied after the Cheque has been realised. If an account is overdue to a Cheque being dishonoured, the Seller may apply the above mentioned conditions in this paragraph.

c) Accounts in arrears for more than seven days after the overdue date will be handed over to a debt collection agency. The Buyer will be subject to all debt collection fees and other commission or costs incurred in the collection of overdue debts per the terms and conditions of the relevant debt collection agency.

3. DELIVERY:

a) Any time or date named or accepted by the Seller for completion, delivery, dispatch, shipment or arrival of the goods or for tender of any documents is an estimate only and does not constitute a condition of the contract or part of the description of the goods .the seller shall not be under any liability whatsoever of the consequences of any cause outside its reasonable control and in particular, but without prejudice to the generality of the forgoing. The seller shall be under no liability whatsoever for any delay in completion, delivery, dispatch to the shipment or arrival of the goods or in the tender or any delays caused by acts of God, War, Riots, Strikes, Lockout, Trade disputes, Fire, Breakdown, Mechanical failure, interruption to the transport, Government action or by any other cause whatsoever whether or not of a likely nature to those specified above, outsider the reasonable control of the Seller and in any such event the time for completion, delivery, dispatch, shipment or arrival of the goods or tender of documents maybe be extended by the Seller (or the Seller may cancel the contract without any liability whatsoever on its part). Time for completion, delivery dispatch, shipment or arrival of the goods or for the tender of any documents is not the essence of the contract.

b) In the event of production of the goods or any part thereof being hindered or impaired or ceasing for any cause whatsoever outside the reasonable control of the Seller, the Seller may notify the Buyers that it is unable to fulfil the contract and may cancel the contract without being under liability whatsoever.

c) Unless otherwise stated in writing, the Seller may make partial deliveries of deliveries by instalments in any amounts it may determine and each such partial delivery or delivery by instalment shall be deemed to be separate contracts and these Conditions shall apply to each partial delivery or delivery by instalment.

d) The Seller may deliver up to five percent more or less of the amount specified for delivery, subject only to any appropriate adjustment of the price payable in full satisfactions of the Seller’s obligations pursuant to the particular contract.

4. FAILURETODELIVER:

The Buyer shall notify the Seller within 7 days of any shortfall in loss or damaged to goods delivered. Failure to so notify shall disentitle the buyer to any remedy in respect of the shortage, loss or damage.

5. TITLE:

a) Goods supplied by the Seller to the Buyer shall be at the Buyer’s risk immediately on delivery to the Buyer or the Buyer’s custody (whichever is the sooner) and the Buyer should insure the goods thereafter against such risks as it thinks appropriate.

b) Property in the goods supplied by the Seller to the Buyer will not pass to the Buyer until such time as the goods the subjects of this contract and all other goods supplied by the Seller to the Buyer have been paid for in full. Until such times as the goods have been paid for in full the Buyer shall store the goods, including goods into which the supplied goods have been mixed in such a manner as to show clearly that they are property of the Seller and shall upon the Seller’s demand deliver up such goods to the Seller and in default of such delivery, the Seller may be its servants and agent’s enter the Buyer’s premise at any time without notice to repossess the goods.

(c) Until such time as the goods have been paid for in full the Buyer is at liberty to sell the goods into which the supplied goods have been mixed, in the ordinary course of its business as agent for the Seller and shall account to the Seller for the proceed thereof

(d) The Buyer and the Seller agree that the provisions of this clause apply notwithstanding any arrangement between the parties under which the Seller grants the purchaser credit.

6. EXCLUSION OF LIABILITY:

(a) Unless otherwise agreed in writing the only warranty provided by the Seller in respect of the goods is that,(if any), provided by the manufacturer of the goods and the liability of the Seller pursuant to such warranty is limited to any amount receivable by the Seller from the manufacturer. To full extent permitted by law:

i) The Seller gives no condition or warranty whatsoever as the condition or quality of the goods or as to their suitability or fitness for their ordinary or any special use or purpose and the description of the goods in any contract or other document

shall not impart any such condition or warranty on the part of the Seller.

ii) All statutory and implied conditions and warranties expect as to title are excluded and

iii) It is the responsibility of the Buyer to satisfy himself as to the condition, quality, suitability, and fitness of the goods for his purposes and the Buyers accepts the goods as they are with all faults and defects (if any)

(b) The Seller shall be under no liability whatsoever for any defect of defects (including any defect caused by the loading of the goods) in or deterioration or failure of the goods or any part thereof (or any goods supplied with the goods or any part thereof) whether due to design, workmanship or materials or to any cause whatsoever unless the same is due to the negligence or wilful default of the Seller or its employees or agents. The Seller shall be under no liability whatsoever for any failure of the goods (other than in relation to a substantial ingredient of the identity of the goods) to correspond with any description (including without limitation, any description relating to quantity, dimensions, weight, place of shipment of other statements relation to transport of the goods).

(c) The Seller shall be under no liability to the Buyer for any loss (including but not limited to loss of profits and consequential loss) of any kind whatsoever arising out of the supply of or failure to supply goods hereunder. a) No damage shall be recovered by the Buyer from the Seller in respect thereof

7. GOODS & SERVICES TAX (GST)

Prices quoted do not include GST. Any applicable GST will be added to the price at time of invoicing.

8. INCREASED CHARGES:

Any increase in the present rate of freight and/or duty and/or customs tariff payable and/or alteration of method of assessment thereof increasing the charges payable in respect of the said goods and the whole cost of war risk insurance premium and/or quarantine charges shall be borne by the buyers.

9. DELAYS:

Delays in delivery or non-delivery of the said goods or any part thereof due directly or indirectly to government action or legislation, strikes lockouts, combination or workers riots, quarantining, act of God, Force Majeure or unavoidable cause, mislaying or loss of the said goods in transit, mistakes made in the transmission of cables, or wireless messages, the neglect, failure, default or delay of the manufacturers or suppliers of the said goods supply thereof to Sellers in manufacturing and/or shipping the said goods or any part thereof for any reason whatsoever shall not give rise to any claim against the Seller and the Seller said goods at the price quoted shall not give rise to any claim against the Seller but the Buyer shall be bound to accept the delivery if the goods are shipped or delivered within a reasonable time after the removal of any such cause of delay or non- delivery.

10. NOT TO SAMPLE:

If the goods delivered or tendered or any part thereof are not according to description or sample or not of the type or quality contracted by the Seller to be delivered such that the Buyer is entitled to refuse to accept the same, the Buyer may within seven days of delivery or tender reject the same but in such event

a) No damage shall be recovered by the Buyer from the Seller in respect thereof

b) Upon so rejecting the said goods, the Buyer shall not be liable for the price and if the price or any part thereof shall have been paid the Buyer may recover the amount so paid from the Seller.

11. MONIES UNPAID:

This sale may be cancelled at Seller’s option if any monies are owing and unpaid by The Buyer to the Seller more than Seven days after their due date of payment.

12. RISK OF GOODS IN TRANSIT:

All sales being made either F.O.B or C&F are the Buyer’s risk during transit.

13. VARIATION:

Seller shall not be liable for any variation not exceeding 5per cent in respect of all weights and quantities of the goods.

14. SHIPPING:

The Seller shall use its best endeavours to comply with the times for shipment and the shipping schedule mentioned overleaf but shall not be liable for any failure to observe or delay in shipment or in the voyage and the Buyer expressly release and discharges the Seller from any liability in respect thereof howsoever occasioned.

15. SUPPLIER DEFAULT:

The Seller shall not be liable to the Buyer if its suppliers fail to supply or honour any contracts or agreements with the Seller of the goods hereby sold whether due to the insolvency, bankruptcy, receivership, official management liquidation of the supplier, or any wilful refusal or omission to supply the goods hereby sold or any other cause whatsoever and howsoever arising and the Buyer hereby expressly releases and discharges the Seller in respect of any loss or damage arising therefrom

a) Credit assessment of the application

b) Delivery of invoices/statements

c) Processing of electronic payment information (credit cards, EFT, Direct Deposit, Cheque etc.)

d) Collection of overdue accounts

e) Providing references to other credit providers, including credit-reporting agencies

f) Internal marketing campaigns

16. BUYER DEFAULT:

If the Buyer makes a default on payment or otherwise fails to carry out the terms or repudiate this or any other contract with the Seller or if the Buyer stops payments or calls a meeting of their creditors or becomes insolvent or subject to the bankruptcy laws or being a Company calls a meeting for the purpose of or go into liquidation or have a winding up Petition presented against them or have a Receiver appointed the Seller may at its option, notwithstanding its waiver of such default or failure and without prejudice to their other rights under this contract, suspend or cancel this contract or require payment in cash before or on delivery or tender of goods or documents notwithstanding terms of payment specified or may take over the goods and dispose of same in its own interest without prejudice to any claim it may have for damage for any loss resulting from such resale. Seller may exercise any of such rights as to whole or part of such goods.

17. GOVERNING LAW:

This contract shall be governed in all respects by the Law of the state of New South Wales, Victoria, Queensland, and South Australia.

PRIVACY STATEMENT

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