All agreements made for the sale and supply of goods by PRODUX pty ltd are to be subject to the ‘Terms and Conditions of Sale’ of PRODUX pty ltd from the time of the agreement.
Signing of this account application you are consenting to pay on time, and accept the terms and conditions and understand that this account form is a legally binding contract, and overrides any terms and conditions the account holder may have or use.
- ORDERS AND FORMATION OF CONTRACT
All orders are to be considered as undertaken by way of reservation, the order will not be ratified until it is accepted by PRODUX pty ltd and do not bind our company to the delivery, even partially, of the goods ordered.
All shipping carried out by PRODUX pty ltd, which reserves the right to choose the carrier, is at the expense and on behalf of the customer unless otherwise agreed or stated. The date that goods leave the factory or the warehouse of the vendor is considered the shipping date, any date or shipping period stated, is an approximation and we shall not be liable for any delays due to any consequence. Delay or interruption shall not entitle you to terminate any agreement with PRODUX pty ltd.
- ESTAMATIONS, TENDERS AND QUOTATIONS
All estimations, tenders and quotations presented by PRODUX PTY LTD will be valid till it is withdrawn by us, at any time, or if not withdrawn, or the expiry period of 7 days from date of offer has been reached. All amounts enclosed within any estimation, tenders or quotations are subject to alteration by PRODUX PTY LTD without notice.
- LIABILITY – COMPLAINTS
PRODUX PTY LTD will not be held liable for any delays in deliveries, breakages, thefts, shortage or tampering with materials and therefore does not credit goods which have been tampered with, damaged or lost during transportation. Any complaints or objections for apparent defects must be communicated to the carrier immediately upon unloading of the material and a detailed note must be written on the transport carrier.
PRODUX pty ltd will not except any cost damages for late deliveries or delays in manufacture or supply of goods which are supplied by PRODUX pty ltd’s vendor’s, the account holder will always be responsible for liquidated damages or any back charges.
Documentation: A copy must be sent immediately to the PRODUX PTY LTD sales department. Complaints regarding missing pack, rolls or pallets which are not recorded on the transport documentation will not be accepted. Complaints will only be accepted within 5 days of the receipt of the goods specified on the transport documentation and must include full details of the reason for the complaint.
- RECOVERY COSTS
The Customer will pay to PRODUX pty ltd the costs & expenses incurred by it or its solicitors, legal advisers, mercantile agents & other parties acting on PRODUX pty ltd behalf in respect of anything instituted or being considered against the Customer whether for debt, possession of any products or otherwise.
The payment conditions stated on the invoice are to be considered definite. Other conditions will not be accepted unless the conditions have accepted by PRODUX pty ltd. All payments must be made strictly cash on delivery of goods. PRODUX pty ltd may grant Credit accounts to selected clients for strictly thirty (30) day terms from date of invoice.
Outstanding Payments must be completed on or by the 30th or 31st of every month, if weekends or holidays conflict with the end of month terms all payments are due before close of business of the weekend or holiday. If you are closing your business for a holiday or small break period the same terms apply, (interest penalty for late payment can apply PRODUX PTY LTD reserves the right to apply interest or damage costs).
PRODUX PTY LTD reserves rights on overdue / outstanding debts including interest charged, the outstanding amounts will be recovered from the company and Director / owner of the account application.
If PRODUX PTY LTD allows a credit account, credit application form must be completed in full and additional information disclosed that PRODUX PTY LTD may need time to time. PRODUX PTY LTD reserved the right, if credit is granted, to withdraw, limit or cancel credit, or requires payment earlier than time allocated, or cash on delivery. All sales are subject to an irrevocable letter of credit, which may be waived at the discretion of PRODUX PTY LTD. In the event payment is not being made within the established terms, PRODUX PTY LTD reserves the right to suspend or cancel any delivers still outstanding without prior warning, and any other orders which have already been accepted. Any dispute of any nature does not give the purchaser the right to withhold Outstanding payments.
Orders already carried out and invoiced, even partially, will be subject to the conditions agreed; meaning payment for goods forwarded will not be dependable on completion of the order. Payments which are delayed beyond the deadlines indicated on the invoice, without being prejudicial to any other action, will have overdue interest charged at a rate of 5% on top of current bank rates, accruing daily from the date the amount became due to the date of payment and shall be payable on demand. PRODUX PTY LTD will also be entitled to claim the cost and expenses incurred in seeking the collection of payment and for any loss experienced from failure of payment/s.
a) Property in products shall not pass until payment in full of all monies owed by the Customer to PRODUX pty ltd who reserves the right to take possession & dispose of products as it sees fit at any time until full payment.
b) The Customer grants permission to PRODUX pty ltd to enter any property where any product is in order to do so & with such force as is necessary.
c) Immediately upon delivery the Customer accepts liability for the safe custody of the products & agrees to indemnify PRODUX pty ltd for any losses relating thereto.
d) Upon sale or disposition of any products prior to full payment, the Customer agrees to deposit all proceeds in a separate bank account, agrees not to mix proceeds with any other monies & will forthwith account to PRODUX pty ltd therefore notwithstanding that PRODUX pty ltd may have granted any credit facility &/or time to pay.
e) Until payment in full the Customer agrees:- (i) to keep all products as fiduciary for PRODUX pty ltd & store them in a manner which shows PRODUX pty ltd as owner (ii) only to sell products in the usual course of its business on condition that the Customer holds all proceeds in trust for PRODUX pty ltd. (iii) sale on terms, at cost or for less than cost shall not be “in the usual course”.
f) This clause 3 is not intended to create a charge over any products & shall be read down to the extent necessary to avoid creating a charge.
g) The Customer agrees that a certificate purporting to be signed by an officer of PRODUX pty ltd identifying products shall be conclusive evidence of PRODUX pty ltd title thereto.
h) If the Customer uses product in any manufacture, construction or process (“process”) the Customer agrees to hold such part of proceeds of disposition which relates to the cost of products used in the process, upon trust for PRODUX pty ltd until payment in full of all monies owed to PRODUX pty ltd.
i) PRODUX pty ltd shall remain the sole and absolute owner of the goods until the price for the goods and all other goods in the consignment has been received in full.
Packaging is free of charge. The packagings of the articles on the pricelist are to be considered as standard; orders with amounts different from the standard will be rounded from us without notice.
PRODUX pty ltd will not accept returned goods except in the event of “Technical non-compliance”, which must be confirmed by PRODUX pty ltd. All returns must be authorized by PRODUX PTY LTD.
Conditions necessary for the acceptance of returned goods;
a) The material must be returned in excellent condition and perfectly packaged.
b) The transport documentation must state “returned goods” and not “sales”.
c) The transport documentation must include all references to the original purchase.
d) A credit notice must be issued by PRODUX PTY LTD.
e) All returns are responsible to the consumer / account holder this includes freight charges for the return of any goods.
f) If goods are incorrectly purchased and are returned a 25% restocking fee will be charged, this fee dose not included freight please refer section 11 line (E) of this account form.
Any returns that do not comply with the above mentioned conditions will be automatically rejected. In the event of the material being returned in bad condition, or claims of technical non-compliance being unfounded, PRODUX PTY LTD reserves the right to charge to the customer costs incurred and will dock them directly form the credit note at a flat rate percentage on the value of the goods.
All goods will have manufactures warranty PRODUX pty ltd will only supply warranty as per the manufactures specification, warranty also relates to section 9 of this account form.