1. INTERPRETATION
In these terms:
“Company” means D & S Bouwman Pty Ltd T/A Kowald Industries
“Customer” means the purchases of Goods from the Company
“Goods” means all goods manufactured and sold and/or delivered by the Company to the Customer.
“Terms” means these terms and conditions of sale.
2. APPLICATION
2.1 These terms apply to all contracts for the sale of Goods by the Company
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these terms.
3. PRICES
3.1 Prices are determined at the time of order and are subject to change 30 days from quote
3.2 It is intended that price increases will be in line with CPI yearly increases.
3.3 The Company’s main cost variation will be fluctuation in the pricing of metal materials (steel, stainless steel etc).
3.4 The Company may change its prices in accordance with the above without notice.
4. PAYMENT
4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these terms or in the relevant invoice or statement or quotation.
4.2 The invoiced price must be paid in full by the due date otherwise it is at the discretion of the Company as to whether a late payment fee of 5% pa will be incurred.
4.3 All card payments will incur a 1.4% transaction fee.
4.4 If failure to make payment occurs, all legal and dept collections costs will be at the Customers expense.
5 CASH FLOW
As stated below is the payment schedule unless otherwise agreed in writing.
5.1 DEPOSIT – 25% on placement of order
5.2 FACTORY ACCEPTANCE – 25%
5.3 DELIVERY TO SITE – 25%
5.4 INSTALLATION AND COMMISSIONING – 25%
6 DELIVERY
6.1 The Company will arrange delivery of goods to meet the Customer’s schedule.
6.2 The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such an event, the Customer must not refuse to take delivery of the Goods.
6.3 Any failure on the part of the Company to deliver within any specified time does not entitle the Customer to repudiate the contract.
7 TITLE
Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
8 RISK AND INSURANCE
The Goods are entirely at the Customer risk from the moment of delivery to the Customer’s point of delivery or on collection, even though title of the Goods has not passed to the Customer at that time.
9 INSPECTION
Unless the Customer has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
10 CANCELLATION
No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits and paid a cancellation fee (not being less than 20% of the invoice price of the Goods)
11 LIMITED LIABILITY
These terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
The Company is not subject to, and the Customer releases the Company from, any liability resulting from consequential loss or damage because of a delay in or incorrect information being supplied by the Customer to the Company prior to manufacture.
12 WARRANTY
All Goods supplied are covered by a 12-month warranty. On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The customer must not carry out any remedial work on alleged defective Goods without first obtaining the written consent of the Company to do so.
The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents, or representatives in relation to the suitability for any purpose of the Goods.
13 CONTRACT
The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed, and any cause of action is deemed to have arisen there.
14 RIGHT TO ENTER PREMISES
In any of the circumstances referred to in clause 4 are not met, the Customer:
(a) authorizes the Company by itself, its agents or representatives at all reasonable times, without notice, to enter onto (with force if
reasonably necessary) and to remain in anon any premises where the Goods are located in order to collect any Goods of value, without being guilty
of any manner of trespass or theft; and
(b) Assigns to the Company all the Customer’s rights to enter onto and remain in and on such premises until any Goods of value have been
Collected to the sum of the outstanding amount.
15 FORCE MAJEURE
The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not
limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lockouts, work stoppages, wars, riots or
civil commotion, intervention or public authority, explosion, or accident.
16 WAIVER OF BREACH
No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have and is not a waiver of any subsequent breach or default by the Customer.
17 NO ASSIGNMENT
Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.
18 SEVERABILITY
If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
Errors and omissions exempt.
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