SALE TERMS AND CONDITIONS

1. General

These terms and conditions shall apply to the exclusion of all others including any terms and conditions of the Customer (whether on the Customer’s order form or otherwise). The Customer acknowledges that these terms and conditions embody the whole agreement between the parties and agree to be bound by them.

2. Payment

Payment shall be made by the Customer to the Company for all goods supplied, work and labour done and services rendered within 30 days from the date of the invoice. The Customer acknowledges that time is of the essence with regard to payment and that any reach of this term will enable the company to exercise all of its rights contained herewith including (but without in any way limiting its rights) the right to cancel further credit and to take legal action for the recovery of all sums outstanding.

3. Interest

Should payment remain outstanding beyond the Company’s payment terms as outlined in clause 2 above the Customer agrees to pay interest on all amounts outstanding from the due date until the date of payment at a rate equal to the Company’s then current overdraft rate as varied from time to time.

4. Costs

Should payment remain outstanding beyond the Company’s payment terms as outlined in clause 2, the Customer is liable for all costs including legal costs (on a Solicitor/own client basis) and mercantile agents fees incurred by the Company in recovering the amount outstanding.

5. Delivery

(a) Goods shall be delivered to the address specified in the credit application as the address for delivery unless otherwise agreed to in writing between the parties.

(b) In the event that a delivery date us specified by the Customer, the Company shall use its best endeavours to comply with the customer’s requests. In no circumstances will the Company be liable for any loss of damage of any kind whatsoever in the event that it is not able to comply with the Customer’s requests for delivery at a certain time. The Customer acknowledges and agrees that it will not make any claim against the Company for any loss or damage incurred as a result of late delivery.

(c) The goods will be delivered by the Company to the Customer and the Customer will be responsible for payment of any additional delivery, packaging and handling costs.

6. Claims

(a) The Customer will be deemed to have accepted the goods as being in accordance with its order unless it notifies the Company in writing of its claim within 14 days of receipt of the goods.

(b) No return of allegedly defective goods will be accepted by the Company unless it has given prior written authorisation for the return.

7. Warranty

(a) All warranties whether expressed or implied and whether statutory or otherwise with regard to the goods supplied by the Company as to quality, fitness for purpose or any other matter as hereby excluded in so far as any such warranties are incapable of excluding the law.

(b) The Company warrants to the customer that products purchases will under correct use and maintenance by free from defects due solely to faulty workmanship or materials foe a period of 3 months from the date of delivery. The Company extend this warranty to the extent that when duly authorised and upon return to the Company freight prepaid the Company shall at its option give a credit, repair or supply a replacement. Any modifications or repairs made to the product without prior written authorisation of the Company shall invalidate this warranty. Replacement of parts shall not extend the warranty beyond the original 3 months and no separate warranty for provided fore such parts.

8. Change of Ownership

The Customer agrees to notify the Company in writing of any change of ownership of the Customer within seven (7) days from the date of such change and indemnifies the Company against any loss or damage incurred by its as a result of the Customer’s failure to notify the Company of any change.

9. Cancellation

Orders placed with the Company cannot be cancelled without the written approval of the Company. In the event that the Company accepts the cancellation of any order placed with it shall be entitled to charge a reasonable fee for any work done on behalf of the Customer to the date of the cancellation including a fee for the processing and acceptance of the Customer’s order and request for cancellation.

10. Lien

The Customer hereby acknowledges that the Company has a lien over all goods in its possession belonging to the Customer to secure payment of any or all amounts outstanding from time to time.

11. Jurisdiction

The proper law of all contracts arising between the Company and the Customer is the law of the State of Victoria and the parties agree to submit to the jurisdiction of the Courts of the State.

12. Title

Property in any article sold by the Company shall not pass from the Company to the Purchasers until the Purchaser has paid for the article in full and all cheques and other negotiable instruments have been cleared. The risk of loss or damage to the article shall be entirely at the risk of the Purchaser upon delivery to the Purchaser. If any payment for any article sold by the Company is overdue or if the Purchaser pays the Company by Cheque (in full or in part) and such cheque is not met on presentation by the Company, the Company reserves the right to retake physical possession of the goods in full or partial satisfaction of the debt and for this purpose the Purchaser hereby consents to the Company or its agents or servants entering up on the Purchasers premises. Monies owed by the Purchaser to the Company shall become due immediately upon the commencement of any act or proceeding in which the Purchaser’s solvency is involved.

13. Goods and Services Tax (GST)

GST is only applicable to sale of equipment within Australia and will be charged on all taxable goods and services at the rate ruling at the time of dispatch. Equipment sold to overseas clients will be exempt of GST, but may be subject to taxes in the country of destination.

14. Trade Approved Scales

Trade scales can only be used for trade when a trade measurement certifier has certified them.

15. Owner User Risk Disclaimer

All products have been sourced as budget items and therefore may not have certificates or approvals to suit some QA, OH&S, NMI requirements and other various bodies. Scale Discount Warehouse and any of its subsidiaries do not take any responsibility for such compliance, or consequential damages resulting from it.