Karndean International Pty Ltd’s
Terms & Conditions of Sale
1. Definitions
In these Terms and Conditions of Sale:
ACDC has the meaning specified in clause 13;
Terms & Conditions of Sale
Capital City refers to one of Adelaide, Brisbane, Canberra, Hobart, Melbourne, Perth and Sydney;
Company means KARNDEAN INTERNATIONAL PTY LTD ABN (94 052 427 853);
Dispute has the meaning specified in clause 13;
GST means goods and services tax;
Price means the price of the Products applicable at the time of the order;
Products means the products of the Company;
Purchaser means any party purchasing the Products;
Terms means these Terms and Conditions of Sale.
2. Orders
The Purchaser will order Products from the Company using an order form approved by the Company. Orders will be
accepted by the Company only upon and subject to these Terms, which prevail over any other terms. The Company will
notify the Purchaser in writing whether the order is accepted or not. The Company will endeavour to deliver Products
within the time(s) specified in the order, however, the Company is not liable for any loss or damage (including direct,
indirect or consequential loss or damage) arising from any delay in delivery.
The Purchaser may modify or cancel its order only if it notifies the Company and receives confirmation by the Company
of the notification before the order has been processed.
3. Price and Payment
The order will be at the Prices plus applicable GST. The Prices are inclusive of delivery to the Purchaser’s premises
where the premises are located in a Capital City.
The Purchaser must pay the Company for an order, the cumulative Price plus GST for the Products by the end of the
following month from the date of the invoice. 2.5% cash settlement discount may be deducted for payment received by
the 20th day of the month following the month of supply and invoice.
4. Handling Charge
Each order will incur a handling charge specified from time to time by the Company plus applicable GST.
5. Damaged and Lost Products
For each order, the Purchaser must notify the Company in writing if the items are short delivered, damaged or have
any defects at time of delivery and within 3 days of receipt by the Purchaser or else the order is deemed to have been
fulfilled in full by the Company. The Company will not accept claims for shortage of Product or damage or defect
(except under clause 12) if the above requirements are not strictly adhered to.
6. Return of Products
(a) All Products are supplied by the Company to the Purchaser on a strictly non-return basis.
(b) Should the Company agree to accept the return of any of the Products, the Product returns require an authorisation
number as issued by the Company.
(c) A returned goods fee of 25% of the value of the Products will apply for return of the Products.
7. Title and Risk
(a) Ownership in any Products supplied by the Company to the Purchaser will pass when such Products have been
paid for in full to the Company.
(b) The risk in any Products will pass to the Purchaser, and the Purchaser accepts the responsibility for and will carry the
loss arising from damage to the Products however caused:
i. once the Company delivers such Products to the Purchaser’s delivery address so long as the Purchaser’s delivery
address is within the metropolitan area of a Capital City;
ii. when the Company delivers to a nominated forwarder in respect of the Purchaser’s delivery address which is
outside the metropolitan area of a Capital City;
iii.when the Purchaser collects or causes to be collected the Products, or where the Company causes them to
be delivered by an independent carrier from the Company’s premises, then as from the time they leave the
Company’s premises.
(c) The Purchaser must hold the Products as bailee and keep the Products separate from other products within the
control of the Purchaser, properly stored, protected and insured until the Purchaser has paid for the Products in full
to the Company.
(d) Without derogating from any of the above where the Company still owns certain Products, the Purchaser has
the right to resell such Products in the ordinary course of business provided that such sales will not give rise to
obligations on the Company or detract from the Purchaser’s fiduciary duties to the Company.
(e) In the event of non-payment as provided for in the Terms or if an application for the winding up of the Purchaser is
filed, or if the Purchaser is placed into liquidation or official management or a receiver or receiver and manager or
an agent in possession is appointed, then prior to the full payment for the Products, the Company is irrevocably
authorised to enter the Purchaser’s premises and remove any Products which are owned by the Company, and
the Purchaser will be liable for all costs incurred by the Company in exercising this right of retrieval, including all
collection agency fees and legal costs.
8. Change of Terms
These Terms are subject to change without notice.
9. Notices
Notices to either party hereunder will be in writing and may be served personally or by sending a facsimile to the party’s
last known business facsimile number or by being delivered to the party’s last known business address or by being
posted by prepaid letter addressed to such party at such address. In the case of service by post the notice will be
deemed served on the business day following posting.
10. Continuation
The Purchaser can sell the Products at such prices as its determines and on terms and conditions it determines.
11. Resale
The Purchaser can resell the Products to any person except to a person who will resell the Products
GS05 and Insurance
12. Indemnity Glass
Certain items of Products will have a guarantee which will set out the Company’s liability under the guarantee.
Notwithstanding any written Company guarantee, to the maximum extent permitted by law, all conditions, warranties,
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