Terms of Sale & Terms and Conditions of Credit Accounts

    General

  1. The "Company" means Hardware & General Supplies Ltd a.c.n. 000 332 105
  2. "Special Orders" means orders for any item(s) that we do not normally carry in stock or that have been specially ordered in or specially made to meet the Customer’s requirements.
  3. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding restricting or modifying any condition warranty guarantee right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded restricted or modified.
  4. If any part of these Terms of Sale & Terms and Conditions of Credit Accounts is found to be invalid or of no force or effect it shall be construed as though such part had not been inserted and the remainder shall retain their full force and effect.
  5. The headings and numberings of the clauses of these Terms of Sale & Terms and Conditions of Credit Accounts are intended for convenience only and shall not in any way affect the construction thereof. The clauses under the heading Terms of Sale are incorporated into and are part of those under the heading Terms and Conditions of Credit Accounts and vice versa where applicable.
  6. This agreement shall be governed by and construed in accordance with the laws of New South Wales and the Company and the Customer agree to submit solely to the jurisdiction of the Courts of that State.
  7. Any failure, delay, relaxation or indulgence on the part of the Company in exercising any power or right conferred upon the Company by these Terms of Sale & Terms and Conditions of Credit Accounts does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these Terms of Sale & Terms and Conditions of Account .
  8. The Company reserves the right to amend these Terms and Conditions from time to time and will publish the current Terms and Conditions on its web site at www.hg.com.au and will be effective immediately.
  9. These Terms of Sale & Terms and Conditions of Credit Accounts may not be altered by the Customer or any other party and any requests or documentation seeking to effect an amendment will be ineffective unless the Customer receives a notice or acknowledgement of the requested amendment in writing signed by a Director or the Credit Manager of the Company. Any condition contained in the Customer’s order or other documentation which may be contrary to or differ from these conditions shall to the extent of any inconsistency be null and void.

    10. Terms of Sale

  10. The Company provides a next day delivery service for most items in stock, for deliveries within the Sydney metropolitan area to any safe and normally accessible ground floor site during normal weekday working hours. The Company may charge an additional amount for deliveries outside these terms and/or for large bulky products such as bricks, blocks, pavers etc and products of extra long lengths etc, also where specific vehicles (other than the regular vehicle) are required to enable delivery to difficult sites, or for demurrage where our delivery vehicle encounters undue delay on delivery. Deliveries generally will be made from the store closest to the delivery site.
  11. The Customer agrees not to make any claim against the Company for any damage loss or liability suffered by the Customer arising out of or in any way connected with the delivery of goods to the Customer or at the Customer’s direction. The customer agrees to indemnify and keep indemnified the Company from any liability or loss suffered by the Customer or the Company or any other person or party arising out of or in any way connected with the delivery of goods to the Customer or at the Customer’s direction.
  12. The delivery times made known to the Customer are estimates only and the Company accepts no responsibility for costs charges or other consequences arising from failure to deliver at any specified time and under no circumstances shall the Company be liable for any loss, damage or delay occasioned to the Customer arising from late or non-delivery of the products. Customers may always elect to collect products themselves or arrange for the products to be picked up themselves if delivery times are critical or of the essence.
  13. The Customer acknowledges and agrees that goods left at unattended sites shall be the Customer’s sole responsibility once they are delivered and that if the Customer is not represented on site when the delivery is made then the delivery driver’s signature on the transport documents shall be deemed to be conclusive proof of delivery and that the goods were delivered in good order and condition.
  14. If the manufacturer or supplier of the products:
    1. Delivers the products direct to the Customer and charges the Company to do so, or,
    2. charges the Company a delivery fee or a handling fee on special orders, the Company will charge the delivery or handling fee to the Customer. 14. In the event that the Customer is unable or unwilling to accept delivery of the products (whether delivered by the manufacturer or the Company or a third party) then the Customer shall be liable for any and all additional delivery charges, storage costs, charges and expenses.
  15. Notwithstanding any other clause, the Customer shall bear all risk of loss or damage to the products upon and from delivery to the Customer or delivery at the Customer’s direction. The Customer shall effect all necessary policies of insurance as it may deem appropriate to insure against any risk of loss or damage.
  16. All products sold shall remain the sole and absolute property of the Company as legal and equitable owner until the Customer has paid all monies owing by the Customer to the Company in full (and any cheques have cleared), but such products shall be at the risk of the Customer as soon as delivered to, or to the order of, the Customer. The said products shall be held by the Customer so as to indicate that they are the property of the Company until the Customer has paid all monies owing by the Customer to the Company in full (and any cheques have cleared).
  17. The Customer’s right to possession of products still owned by the Company under these Terms of Sale shall cease if:
    1. being an individual, he commits an available act of bankruptcy, or ,
    2. being a Company, a Receiver or Manager becomes entitled to take possession of any assets of the Customer or any proceedings are instituted for the winding up of the Customer, or,
    3. the Customer’s cheque is dishonoured for payment, or
    4. the Customer fails to comply with any demand for payment issued by the Company. Upon any such event happening we will repossess the products and for this purpose the Company is at liberty to enter upon any premises where we reasonably believe the products might be located. 18. If the Company prepares a materials list or order etc. from specifications or information provided by the buyer, the Company is not responsible for its accuracy or completeness and responsibility shall rest with the buyer.
  18. Any quotation made by the Company shall not be construed as an offer or obligation to sell and accordingly the Company reserves the right to accept or reject or modify or amend at its discretion any orders which may be received by it.
  19. Products ordered by the Customer as Special Orders, or under quotations, or products ordered by the Customer to eliminate pending price rises will be charged to the Customer’s account upon the Company receiving or being invoiced for such products and will be paid for under the normal terms of the account irrespective of whether the Customer has taken delivery of the products or not.
  20. The Customer assumes responsibility for checking the products delivered against the products ordered and for the suitability or fitness of the products purchased. The Company assumes no obligation or liability for the use or installation of products that may subsequently prove to be faulty or be incorrectly delivered or for any advice given. If the goods have been installed used or applied, then that shall be deemed evidence that the customer has inspected and accepted the goods before they were installed used or applied and the customer will not be entitled to make any claim that incorrect goods were supplied or delivered.
  21. Due to variations in raw materials and other factors tiles, paint, timber and other products may vary in shade, colour, glaze, finish or in other ways from products of the same description displayed or advertised by the company or sold at other times by the company under the same description. No claims in respect to variations in shade, colour, glaze or finish etc of goods sold by the company will be accepted after the goods have been affixed, used or applied.
  22. No claims for shortages will be recognised after 7 days from the date of delivery and the Customer acknowledges that 7 days is sufficient and reasonable time for the Customer to inspect the products and notify the Company of any discrepancies.
  23. If goods are returned and the reason for the return is no fault of the Company, the Company may charge the Customer a handling fee of not less than 15% of the invoiced price of these products, plus, where we are required to collect the goods, an additional fee to cover transport costs. Any further fees for returns made by the Supplier for returns or cancellation of special orders will be passed on and charged to the Customer.
  24. Returns and/or Exchanges of products will not be recognised unless the Invoice Number or Delivery Docket Number is quoted at the time of return.
  25. Products returned are to be in original condition and original packaging and be fit for resale otherwise no credit or exchange will be given.
  26. Any charges made by the supplier or manufacturer for handling charges on returns or cancellation of special orders will be passed on and charged to the Customer.
  27. The Company reserves the right not to exchange or accept as returns any Special Orders unable to be returned to the manufacturers.
  28. The Company does not manufacture the products that it sells and subject to the provisions of any relevant legislation, all products sold carry only such warranty, if any, as is furnished by the manufacturer, or supplier thereof. The Customer acknowledges that the manufacturer or supplier must be given every opportunity to inspect and make good any defective product.
  29. Tiles are not guaranteed against crazing.
  30. The Customer acknowledges and accepts that the Company does not accept back-charges or any other form of reimbursement claims from the Customer for missing, faulty or damaged goods and the Company accepts no responsibility for any costs charges or other consequences arising from missing, faulty or damaged goods.
  31. The Company’s only obligation is to replace the goods or arrange for the goods to be repaired by the manufacturer or supplier or to refund the purchase price of the faulty goods, whichever is appropriate in the Company’s opinion. The Company’s maximum liability for any product it has sold shall not exceed the purchase price of the faulty product(s) sold.

    32. Terms and Conditions of Credit Accounts

  32. Should there be any variation to any of the information supplied by the Customer in this Application or in the structure or management of the Customer or in the nature of its business including (but not limited to) change in directors or senior management or change in partnership or conversion to or from a company or to or from a trust, then the Customer shall notify the Directors or Credit Manager of the Company in writing within 7 days of the date of any such change. Unless notice of such variation or change is given to and acknowledged by the Directors or Credit Manager of the Company in writing, the original Customer and Guarantors on this Application shall remain liable to the Company as though any goods or services supplied by the Company were supplied to the original Customer.
  33. The Company provides credit for commercial purposes only and Payment in Full is due on the last Government Gazetted working day of the month from the end of the month of invoicing. Interest may be charged on any account exceeding these terms at the rate determined by the Company. At present this rate is 13.75% p.a. but may be varied by the company at its discretion. Minor defects in the products shall not entitle the Customer to withhold payment of the account and the Customer agrees not to withhold payment in the event of any dispute. If there is a breach of any of these Terms of Sale & Terms and Conditions of Account all monies payable by the Customer to the Company shall at the Company’s discretion become immediately due and payable notwithstanding that the abovementioned due date has not been reached
  34. The Company will render to the Customer a statement of account at monthly intervals. If the Customer disputes any item appearing on a Statement in part or in whole, it must advise the Company either immediately on receipt of the Statement or within the timeframes specified herein, whichever is the sooner. In such case, the Customer agrees to pay for all other charges appearing on the Statement within the trading terms as set out herein. The Customer will not have or claim to have any right to set off or deduct any amounts that it believes are due to it or may become due to it by the Company and the Company will settle all such amounts and/or accounts separately.
  35. If any invoice (that is not marked "Net") is paid within 20 days from the date of Statement, the Customer may deduct a settlement discount of 2% from the amount of such invoice provided that such discount is claimed at the time of payment, and providing that the payment is received at our Office on or before the 20th day, and the account is paid by either cash, cheque or EFT, and the Customer is to show on the remittance advice how the discount is calculated. Customers who pay by Credit Cards will not be entitled to this settlement discount.
  36. The Company may charge a fee for copy invoices or for copy delivery dockets where requested after 30 days from the statement date.
  37. The Company may suspend the supply of further products or services to the Customer if the account is not paid on time, for such period as the company sees fit. The Company may, at any time, suspend the supply of further products or services to the Customer without having to give reasons. The Company will not accept or incur any liability for costs, charges or damages incurred by the Customer as a result of suspending supply and the Customer will indemnify the Company from any such claims.
  38. All costs incurred in pursuing, securing and collection of any outstanding monies on the Customer’s account including (but not limited to) administration charges, mercantile agent’s fees, solicitor’s fees and charges, legal fees, Court costs or duties will be charged to the Customer and added to the Customer’s account. Fees for dishonoured cheques will also be added to the Customer’s account.
  39. To secure payment of all monies which may become payable by the Customer to the Company the Customer hereby charges with the due payment of those monies all of the Customer’s interest in real property both present and future and the Customer consents to the Company lodging a caveat or caveats noting its interests thereunder. Any applicable Stamp Duties, fees and/or charges incurred by the Company in doing so will be charged to the Customer’s account.
  40. The Company offers a password facility to restrict access and unauthorised purchases on the account. The Customer is advised to make use of this facility and if the Customer does not then the Customer acknowledges that they do so at their own risk and will not be entitled to raise a claim with the Company or withhold payment on the account on the basis that certain purchases were not authorised or not made by or on behalf of the Customer. Customers who do place a password restriction on their account must make every effort to keep the password secure as the Customer will not be entitled to withhold payment on any purchase where the Customer’s password was correctly supplied to the Company at the time of ordering (according to the Company’s records).
  41. Customer’s Purchase Order Numbers are only considered by the Company to be an aid to the Customer’s account keeping practices. The Company does not accept that they are, or their lack of, is a means to prevent unauthorised purchases and the Customer acknowledges this. If the Customer requests the Company to make reference on any invoices to the Customer’s Purchase Order Number(s) then the Company will make every endeavour to so assist the Customer however failure to obtain or make reference to a Customer’s Purchase Order Number(s) will not entitle the Customer to withhold payment.
  42. When the Customer has authorised one or more people to make purchases on the Customer’s account that authorisation shall be a continuing authorisation until such time as the Customer provides written notice to a Director or Credit Manager of the Company withdrawing the authorisation of the named person(s). Payment of an invoice will be deemed as evidence of authorisation for the purchaser to make the purchase(s) shown on the invoice. The Customer accepts and acknowledges that the Company cannot be held responsible for claims that purchases were unauthorised when the Customer does not notify it that a person(s) who was authorised is no longer authorised to buy on the account.