THE SAPE GROUP INVOICE CONDITIONS
(a) Net cash thirty (30) days
(b) Failure to comply with terms of payment will without more constitute a breach of contract and The SAPE Group may treat the whole contract repudiated and act accordingly.
(c) Sydney Automotive Paints & Equipment Pty Ltd ABN: 68 001 717 611 and Automotive Colour & Equipment Pty Ltd ABN: 12 003 484 428 referred to hereafter as The SAPE Group may refuse without prejudice to any other rights it may have to supply or deliver further products to the customer pursuant to a quotation or otherwise until such time as the customer has remedied any default under this Clause.
(d) Interest may be charged on any amount overdue at the rate charged from time to time by The SAPE Group’s bankers at its base lending rate on overdrafts for such amount.
(a) All prices are quoted ex warehouse- delivery, packaging, freight insurance etc are extra.
(b) All prices quoted are current at the date of quotation but are subject to change without notice.
(c) All prices quoted are subject to GST to be paid by the customer unless appropriate certification is supplied to The SAPE Group by the customer prior to invoicing of goods.
(a) Any times or dates quoted for dispatch or delivery, following our acceptance of your order are based on receipt by us of full and final instructions enabling us to proceed uninterruptedly with the work. The SAPE Group cannot accept responsibility for any delays due to causes outside its control and while delivery time is estimated as accurately as possible, it cannot be guaranteed nor is any such estimation of essence to be a condition of the contract.
(b) No responsibility for loss, damage, or delay from any cause outside the company's control is accepted by The SAPE Group and the customer is not entitled to any compensation of any nature for such loss, damage or delay.
(c) All goods are at the customer's risk during transit and The SAPE Group's liability for the goods ceases on delivery to any authorised third party carriers, agents or representatives of the customer.
(d) Visible damage to goods must be reported to The SAPE Group within twenty-four (24) hours of receipt of the goods.
Credits may be allowed at The SAPE Group's discretion only upon the following conditions:
(a) Credit will not be considered unless goods are returned in good condition and freight prepaid. (b) The original invoice number and date must be quoted.
(c) A full credit may be available only if as well as the above conditions being met, the goods are returned to our store within thirty (30) days of the date of supply. (d) The SAPE Group reserves the right to deduct a re-stocking fee from any credit.
(e) Goods procured to customers instructions are not returnable.
As long as the customer owes The SAPE Group any part of the price of goods supplied at any time, the company shall retain the legal title in all goods supplied and not yet used or resold. When such goods are used, even with loss of identity the legal title to the goods are in possession of a customer which title has not passed, the customer is under obligation to retain them in a good and merchantable condition until either paid or collected and to allow The SAPE Group and/or its servants or agents on to the premises to collect the goods.
5.1 OUTSTANDING DEBTS
The Customer agrees that all expenses, cost & disbursements incurred in recovering any outstanding monies, incl. costs involved in debt collection by the supplier’s commercial agents and/or Solicitors costs on an indemnity basis will be paid by the Applicant.
The SAPE Group warrants that goods manufactured or produced for it are free from defects. The SAPE Group shall use its best endeavours, wherever possible, to pass to the customer the benefit of warranties given by the supplier or manufacturer of goods not manufactured by The SAPE Group.
(a) Any stipulations, terms and conditions contained in the customer's order form which conflict with any of these terms and conditions hereof, are not accepted by The SAPE Group and will be deemed to be inapplicable to any order placed with The SAPE Group.
(b) Subject to any conditions or warranties mandatory implied by law and to any conditions or warranties contained herein, all conditions and warranties and representations on the part of The SAPE Group whether express or implied, are hereby expressly negatived.
(c) The SAPE Group shall be under no liability to the customer for any loss or damage to any person or property or for death injury caused by an act of omission (including negligent acts or omissions) of The SAPE Group, its servants or agents.
(d) Subject to qualifications contained in Section 68(A) of the Trade Practices Act 1974, should The SAPE Group be liable for breach of a condition or warranty, mandatory implied by law, its liability for such breach shall be limited to one of the following as determined by The SAPE Group in the case of supply goods namely
(i) the replacement of goods, or the repair of goods.
(ii) the supply of equivalent goods;
(iii) the payment of the cost of replacing acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired. In the case of supply of services its liability shall be limited to (at its option) either: supply of the service again; or
(v) payment to the customer of the cost of resupplying the service.
Except as herein before stated The SAPE Group's liability in respect of all claims under this contract shall be limited to the value of the portion or item the goods or services which is not in accordance with this contract, The SAPE Group may completely discharge its liability to the customer by replacing such portion or item, and shall not be liable for any consequential loss.
(e) Subject to any legislation or express agreement to the contrary, the customer acknowledges that it does not rely on the skill and judgement of The SAPE Group's it servants or agents in determining whether the goods to be supplied are fit for any particular purpose and the customer further acknowledges that any advice furnished by The SAPE Group with respect to the use of goods is given on the basis that the company assumes no obligation or liability for advice given or the results obtained, all such advice being given and accepted by the customer at the customer's risk.
(!) The customer has responsibility for ensuring that the goods are not used for any purpose for which they are not suitable.
(g) Under no circumstances shall The SAPE Group be liable for any direct or indirect loss (including loss of profit) or damage whether special or consequential however arising except for:
(i) Any loss or damage suffered by the customer as a direct result of a failure by The SAPE Group to perform such contract; or
(ii) The actual cost incurred by the customer as a direct result of failure by The SAPE Group to perform such contract.
(h) No claim or action shall be maintainable against The SAPE Group unless it shall first have been notified in writing and furnished in full supporting documentary evidence in relation to the quantum of such claim.
Accepting delivery of goods detailed in this invoice is acceptance by the customer of the above conditions of sale and those contained in the customer's credit application
All contracts made hereunder are deemed to be made in NSW and except to the extent that the laws of the Commonwealth of Australia apply, the interpretation thereof and all disputes arising therefrom or connected therewith shall be governed in all respects by the laws of the State of NSW and all such disputes shall be referred to a Court competent jurisdiction in the said State unless the parties otherwise agree in writing.
The SAPE Group will send a PPSR verification statement to the secured party group’s address for service when we: create a registration, amend a registration or discharge a registration.