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SEPTONE PRODUCTS PTY LTD (A.C.N. 009 745 537) (A.B.N. 50 009 745 537)

SEPTONE PRODUCTS PTY LTD CONDITIONS OF SALE

1. GENERAL

An order placed by the Buyer is deemed to be an order incorporating conditions of sale, set out below, notwithstanding any inconsistencies which may appear in the Buyer’s order or other documentation provided by or on behalf of the Buyer unless otherwise expressly agreed in writing by the Seller.

2. WARRANTIES

The law implies certain terms, conditions and warranties (“Prescribed Terms”) into contracts for the supply of goods and services and prohibits the exclusion, restriction or modification of certain terms, conditions, and warranties (“Mandatory Terms”). The law permits a supplier to limit its liability for a breach of some of the Prescribed Terms. Except as provided by the Mandatory Terms:

  • (a) The liability of the Seller for a breach of a Prescribed Term is limited to the replacement of goods or (at the option of the Seller) refund of the price paid by the Buyer and is conditional upon the Buyer within 48 hours of receipt of the goods making a written claim to the Seller setting out the full particulars of the claim and returning to the Seller a sample of the goods alleged to be defective;
  • (b) The Buyer shall not under any circumstance have any course of action against or right to claim or recover from the Seller (whether in contract or in tort) for, or in respect of, any loss or damage of any kind whatsoever (including without limitation consequential loss, loss of profit, loss of production, loss of sales opportunities and loss of business reputation), caused directly or indirectly by the goods being defective or being unsuitable for any purpose for which the Buyer may use them;
  • (c) Any advice, recommendation, assistance or service provided by the Seller in relation to goods sold or manufactured by, its or their use, or application is given in good faith and is believed by the Seller to be appropriate and reliable and all such advice, recommendations, information, assistance or services are provided without liability or responsibility (whether in contract or in tort) on the part of the Seller.
  • (d) The descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the contract for the sale of the goods. Without prejudice to that, any performance figures given by the Seller are estimates only. The Seller shall be under no liability for damages for the goods’ failure to attain such figures unless specifically guaranteed in writing and any such written guarantee shall be subject to the recognised tolerances applicable to such figures.

3. DELIVERY

The Seller will take no responsibility what so ever for damage in transit (either cost or replacement) when freight is arranged at receiver’s request. Reasonable efforts to deliver the goods to the Buyer on the date agreed between the parties, but the Seller shall be under no liability whatsoever should delivery not be made on that date. For deliveries outside the Brisbane metropolitan area, unless the Buyer otherwise specifies, the Seller may use any carrier it deems appropriate. The Buyer shall be responsible for the charges of the carrier for all deliveries made outside the Brisbane metropolitan area, (unless otherwise stated in writing by the Seller). For the purposes of this clause, “Brisbane metropolitan area” means that area which in the Seller’s opinion is within the metropolitan area of Brisbane.

4. SHORTAGE

The Buyer waives any claim for shortage of any goods delivered if the Buyer has not lodged a claim with the Seller within 48 hours from the date of receipt of the goods.

5. RISK

Risk of loss of or damage to the goods shall pass to the Buyer upon delivery of the goods to the Buyer or collection of the goods by the Buyer or its agent or in the case of delivery outside the Brisbane metropolitan area upon delivery to the carrier.

6. TITLE

  • (a) Title of any and all goods/stock held by the buyer shall remain with the seller and the seller reserves the right to repossess all goods/stock and dispose of such goods in realisation of any outstanding debt until such time as:
    • I. full payment is made for all amounts owing by the Buyer to the Seller on account of all goods that have from timer to time been supplied by the Seller to the Buyer (“Buyer’s Total indebtedness”) so that the Buyer’s Total Indebtedness is discharged; or 
    • II. the Buyer sells the goods to his customers in accordance with Clause 7
  • (b) If the Buyer fails to pay any amount of the Buyer’s Total Indebtedness when it is due to the Seller, the Seller may without notice and without prejudice to any of its other rights and remedies recover and/or resell the goods or any part of them. For that purpose, the Buyer:
    • I. Authorises the Seller (without prior notice to the Buyer) to enter any premises where goods title in which remains in the Seller (“Seller’s Goods) may be situated and to such reasonable force as may be required to enter any such premises and to take possession of the Seller’s Goods;
    • II. Undertakes to the Seller to procure the consent of all persons having any interest in the premises where the Seller’s Goods may be situated, to entry of those premises by the Seller
    • III. Indemnifies and keeps indemnified the Seller from all claims, actions or suits whatsoever out of or in connection with or in relation to the entry by the Seller to any premises where the Seller’s Goods may be situated;
    • IV. Shall reimburse the Seller for all expenses incurred by it in recovering and/or reselling the Seller’s Goods
  • (c) Until title passes to the Buyer, the Buyer shall separately store the Seller’s Goods in a way that clearly manifest the Seller’s title.
    (d) The Buyer acknowledges that until the Buyer’s Total Indebtedness is discharged, he holds the goods as bailee of the Seller and that a fiduciary relationship exists between them.
  • (e) Upon default by the Buyer under these conditions of sale the Seller has the right to the Seller’s Goods and the beneficial interest in and conduct of any claims, suits, demands or actions which the Buyer may have against any other person arising from the sale of the Seller’s Goods. The rights contained in this sub-clause shall not be affected by the part performance by the Buyer of any of it obligations under these conditions of sale.
  • (f) If the buyer adds any parts or accessories to the Seller’s Goods, the Seller shall become the owner of those added parts and accessories as security for full payment by the buyer of all monies due to the Seller by the Buyer for the Seller’s Goods (as long as the value of the total security is less that 5 times the amount due to the Seller by the Buyer) and the term “Seller’s Goods” for the purpose of this sub-clause shall here appropriate be read and construed accordingly.
  • (g) If the Buyer makes new goods or other goods from or with the Seller’s Goods of if the Seller’s Goods become a constituent part of or mixed with other goods, the Seller shall become the owner of those new goods or other goods as security for full payment by the Buyer of all monies due tot he Seller by the Buyer for the Seller’s Goods (as long as the value of the total security is less than 5 times the amount due to the Seller by the Buyer), and the term “Seller’s Goods” for the purpose of this sub-clause shall where appropriate be read and construed accordingly.

7. SALE OF GOODS BY BUYER

The Seller authorises the Buyer to sell on the Seller’s behalf the goods or any part of them title in which is retained by the Seller provided such sale is made in the ordinary course of the Buyer’s business and is for full value. The Buyer shall keep the proceeds from all such sales in a separate identifiable account as the beneficial property of the Seller and shall account to the Seller for such proceeds until such time as the Buyer’s Total Indebtedness is discharged.

8. PRICE

The price of the goods payable by the Buyer shall be the price published in the Seller’s current published price list issued, or as negotiated in writing from time to time by the Seller. All pricing included in this price list excludes G.S.T. The Seller reserves the right to change prices in the current price list without notification to the Buyer.

9. CREDIT TERMS FOR 30 DAY ACCOUNTS

Unless otherwise agreed in writing credit terms are as stated below:

  • (a) At the end of each month you receive a statement of account which clearly indicates the total your account is in debt for at the end of each month.
  • (b) At the end of the next month the balance of the statement is payable in full and shall only be treated as being paid once the payment has been received by Septone.

SHOULD A CUSTOMER NOT COMPLY WITH THESE TERMS SEPTONE RESERVES THE RIGHT TO ACTION ONE OF THE FOLLOWING:

  • (a) Your account will be put on “stop supply”, meaning further orders will not be supplied until payment is made. 
  • OR (b) Your account will be closed.

IF AT ANY TIME THE CREDIT WORTHINESS OF THE BUYER BECOMES IN THE SELLERS OPINION UNSATISFACTORY, SEPTONE RESERVES THE RIGHT TO DEMAND IMMEDIATE PAYMENT OF ALL OUTSTANDING AMOUNTS AND MAY CHARGE INTEREST ON ANY OUTSTANDING SUMS AT COMMONWEALTH BANK MAXIMUM OVERDRAFT RATES. 

10. IMMEDIATE PAYMENT

Notwithstanding these conditions of sale and in particular clause 9, payment shall become due immediately upon the Buyer (being a natural person) committing any act of bankruptcy or the Buyer (being a company) committing any act which entitles any person to apply to wind up the Buyer, or a receiver or receiver and manager of the Buyer is appointed.

11. INTEREST ON OVERDUE AMOUNTS

If the Seller is not paid for any goods on the due date specified in these conditions of sale, without prejudice to any other right or remedy, all outstanding monies shall bear interest of daily balances until paid at a rate if interest per annum equal to the interest rate charged by the Commonwealth Bank of Australia on overdraft accounts for sums up to $50,000 and such money together with all interest shall be recoverable by the Seller from the Buyer. For the purposes of these conditions of sale, the term “ Buyer’s Total Indebtedness” shall be deemed to include all interest payable to this clause.

12. PLACING OF ORDER & DESPATCH OF GOODS

Please order by Septone Part Number, as stated in the Pricelist.
Priority will be given to monthly purchase orders placed prior to month end; such orders will only be despatched within four working days prior to month end.
Septone will not accept responsibility for wrongly supplied products where codes are incorrect or not quoted when placing orders, and in particular telephone thru orders or hand written faxes, which are sometimes unclear of the customer intention. Unless otherwise advised and agreed with the customer tax invoice will be sent and delivered with goods.

13. DRUM AND PALLET CHARGES.

Deposits paid by the Buyer for drums noted on the Seller’s published price list as being returnable will be refunded by the Seller only if the drums are returned with bungs inserted or lids and rings attached (as the case may be) and are in the Seller’s opinion in good order and condition. All branded pallets remain the responsibility of the Customer and the freight company, Septone Products Pty Ltd will accept NO RESPONSIBILITY for any discrepancies or subsequent losses or costs.

14. RETURNED GOODS

The Buyer shall only be entitled to credit for returned goods, which are in a resaleable condition. Merchandise which has been in the purchasers inventory for more than twelve (12) months is not eligible for credit or replacement. The Buyer shall pay to the Seller for all such resaleable goods returned, a restocking fee being 10% of the price payable for those goods or a minimum processing fee of $20.00 per order whichever proves to be the greater. Should the returned goods not be in a saleable condition then a further fee shall apply to cover costs of packaging or reworking to bring the goods back to a resaleable condition. All freight charges incurred for returned goods shall be borne by the Buyer. Credit will not be given until goods are returned to the factory and inspected by Quality control for condition.

15. WAIVER

Failure by the Seller to insist upon strict performance of any part of these conditions of sale shall not be deemed as a waiver of them or of any rights the Seller may have and no express waiver shall be deemed a waiver of any subsequent breach of any part of these conditions of sale.

16. LAW

All contracts entered into between the parties for the sale of goods upon these conditions of sale shall be deemed to be made in the State of Queensland and the parties agree to submit all disputes arising between them to the courts of that state.

17. BODY FILLERS – POLYESTER BASED PATCHING COMPOUNDS

Septone range of Body Fillers, Quick Setting Putties and Plastic Fillers all carry a Company Warranty against deterioration in the can for a period of six (6) months from the date of manufacture.
However if the product is stored in accordance to directions, the shelf life can last well beyond twelve (12) months. No credits will be issued for stock exceeding manufacturers warranty. 

TERMS AND CONDITIONS OF SALE FOR INTERNET SHOPPING WITH SEPTONE PRODUCTS

18. GENERAL

These terms and conditions apply to Septone Products internet buying service only. These conditions are meant to be read in conjunction with “General” conditions and in no way are intended to negate “General conditions.

All terms and conditions are between Septone Products and its customers only.

19. TERMS OF USE OF THIS SITE

YOUR RIGHTS
Septone Products grants you a non-exclusive, non-transferable, limited right to access, use and display this website (the “Site”) and the materials provided herein, provided that you comply fully with all Conditions of Sale. The contents of the Site are only for commercial use only. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You must not share this service with any other person or organisation.

YOUR PASSWORD
As part of the registration process, you will select a password. If your access is set up by Septone Products you must immediately change the generic password used for that purpose. You must take care to keep your password confidential. You must not disclose it to anyone and you must take care where you write it down on paper or where you store it electronically. You could be liable to pay compensation if an unauthorised person gains access to our account as a result of your failure to keep your password confidential. Septone Products will take no responsibility whatsoever for wrongful access to your account and any subsequent transactions that may be made. You will be held responsible for any debts accrued to your account.

In addition to any other rights of the parties set forth herein, either you or Septone Products may cancel or terminate this Agreement at any time. Septone Products also reserves the right to restrict, suspend or terminate your access to the Site in whole or in part, without notice.

SECURITY POLICY
At Septone Products we take great care and use the latest technologies to endeavour to ensure the security and safety of all your transactions.

With this in mind, we have put in place safeguards to secure the information we collect online, prevent unauthorised access or disclosure, maintain data accuracy, and ensure the appropriate use of information. To further protect your data, our servers use the latest 128 bit encryption technology, SSL (Secure Socket Layer) to protect the transfer of your data from unauthorised parties.

It is not Septone Products policy to change customer passwords for security reasons. However, if that should occur then confirmation must be received in writing on company letterhead signed by an authorised officer. This to be faxed to Septone Products on (07) 3390 5041. Contact will then be made with customer.

Copyright 2005 Septone Products Pty Ltd
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