AEPL means Avico Electronics Pty Ltd and its successors & assigns. CUSTOMER means the person or company placing an order with AEPL for the purchase of goods. CONDITIONS or THESE CONDITIONS mean these Conditions of Sale. GOODS means all goods & merchandise supplied by AEPL pursuant to these Conditions to Customer or as the Customer may direct.
These Conditions shall apply to all orders for goods placed by Customer with AEPL to the exclusion of all other terms or conditions unless otherwise expressly agreed in writing. If the terms of the Customer order are inconsistent with these Conditions, the delivery of the goods to the Customer pursuant to these Conditions and the retention of the said goods by the Customer shall be deemed as an acceptance of these Conditions of Sale.
Prices are correct at the time of publication and AEPL reserves the right to vary prices at any time thereafter. Any alterations to prices will be advised by Monthly Information Bulletin.
Prices quoted do not include GST. The GST amount will be listed separately on both the unit price and the total cost of the invoice. The total including GST will be payable upon settlement.
AEPL reserves the right to accept whole or part of any order or decline an order, and any order or part order not accepted is deemed cancelled.
AEPL reserves the right to make part deliveries of any order and each part delivery shall constitute a separate contract for the sale of goods (upon the conditions herein contained). Failure to make a delivery of the total order shall not invalidate the contract as regards other deliveries. Where AEPL makes part delivery, AEPL may invoice the Customer for the goods delivered on each separate delivery. AEPL shall have no obligation to make any further delivery until such time as any monies outstanding by the Customer to AEPL for any previous deliveries shall have been paid in full and AEPL may furthermore, at its discretion, treat the Customer as having repudiated any or all subsisting contracts between AEPL and the Customer.
AEPL will not accept responsibility for delays and the consequences thereof arising from strikes, lock-outs, trade disputes, fires or other contingencies beyond its control.
AEPL will not accept cancellation of an order except by agreement and then only upon terms which will indemnify AEPL against loss. Goods specifically procured for the Customer will be delivered to the Customer.
In the event that title in the goods shall pass to the Customer, then as from the moment of passing of title, AEPL guarantees those goods only against Manufacturer's defects for a period of twelve (12) months from the date of dispatch. Upon prepaid return of the goods, AEPL will, if it finds the goods to be defective, at its option, repair or replace such goods provided that:
AEPL will accept no liability in contract or in part or otherwise for any personal injuries, damage or loss, however arising from, or in respect of, directly or indirectly, any of the goods after the goods have been delivered.
The only conditions and warranties which are binding on AEPL in respect of the state, quality or condition of the goods supplied by it to the Customer are those imposed and required to be binding by statute (including the Trade Practices Act 1974 and the Sale of Goods Act 1923 (NSW) as amended) and to the extent permitted thereby the liability, if any, of AEPL arising from the breach of such conditions or warranties whether express or implied by law in respect of the state, quality or condition of the said goods which may apart from this clause be binding on AEPL are hereby expressly excluded and negated. Subject to the provisions of the Trade Practices Act, 1974, the Customer expressly acknowledges and agrees that AEPL is not liable for any advice given by its agents or employees in relation to the suitability for any purpose of goods or materials supplied by AEPL and all such advice relied upon is at the Customer's risk.
A monthly account will be issued on the last day of the month following the month in which the goods were invoiced notwithstanding any outstanding deliveries. Invoiced amounts, which have not been paid aforesaid, may attract an interest charge at the rate for the time being charged by the National Australia Bank to its customers on overdraft in excess of $100,000 from the date which such payment fell due until paid and not with-standing any agreement or extension of time for payment.
A delivery charge applies to all destinations. Delivery to all areas within Australia is $10.00 plus GST. The additional cost incurred from exceptional deliveries will be to the Customers nominated carrier and will be charged to the Customer's account.
We will accept no responsibility for claims for damage to goods in transit or for shortage in quantity unless notice in writing is given within seven (7) days from the date of receipt.
Goods returned for credit will not be accepted unless:
The risk in the goods shall pass to the Customer at the time of delivery at the place designated in the contract. Notwithstanding that risk in the goods shall pass to the Customer as provided herein, title to the goods shall remain with AEPL until all monies owing by the Customer to AEPL have been paid in full (whether such monies are in respect of the monies payable under a specific contract or on any other account whatsoever) and until such time the Buyer shall, at the discretion of AEPL, store the goods so as to indicate that they are AEPL's goods and the Customer shall hold the goods as bailee thereof only subject nevertheless to its right to deal with the goods in the ordinary course of business on the basis that any monies received as a result of such dealing shall be held by the Customer for the benefit of AEPL. Buyer will ensure that the goods are adequately insured such that AEPL shall be entitled to rely upon that insurance.
The despatch periods offered in our quotation or confirmed at the time of an order are based on the assumption that there will not be delay due to causes beyond our control, i.e. “Force Majeure”, which shall be deemed to be any occurrence or event beyond our reasonable control, whether or not foreseeable at the time of the offer or signing of the contract, in consequence of which we cannot execute or cannot reasonably be required to execute our contractual obligations. The following cases shall be deemed to constitute Force Majeure. Such circumstances include, but are not restricted to: Acts of God, Fire, Floods, Earthquake, Industrial Disputes - which might stop manufacture, mobilisation, War, Revolution, requisition, impossibility or difficulty of obtaining supplies, loss of important plant, restriction in the supply of electricity, lack of transport, transport delays, embargoes, total or partial prohibition of the transfer of foreign currency and in general, any circumstances beyond our control.
If any claim alleging that the sale, use or any other dealing with the goods infringes trade marks, trade names, patent copyrights, registered designs or any other property rights or third parties, the Customer shall notify AEPL in connection with such claim as AEPL may reasonably require and shall not itself handle, deal with or compromise any such claim except with the written consent of AEPL.
The contract shall in all respects be construed and operate as an Australian contract and in conformity with State and/or Federal laws applicable to the contract. The clause headings hereto shall not affect the construction hereof. If any of the provisions of the contract are unlawful or invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted.
In consideration of your having agreed to supply goods, wares, merchandise & services & of credit & accommodation given to the above named account customer, I/We hereby jointly & severally guarantee to you payment on demand of all monies which are or shall hereafter become due to you by the account customer. This guarantee shall be a continuing guarantee and shall not be effected by your giving time or any other indulgence to the customer nor shall any of your rights to sue the customer by effected hereby. I/We reserve the right by notice in writing to you revoke this guarantee at any time. Such revocation shall be effective only upon its written acknowledgments by you and shall operate to discharge me/us from all liability as to future dealings only by the account customer with you after the date of your written acknowledgement.