Click here to download a Credit Application Form.
(Right click Save Target as)
Terms and Conditions
1. General
These Terms and Conditions form an integral part of all contracts involving the sale of goods by the seller, ACE CHEMICAL COMPANY AND ITS SUBSIDIARIES, to the Buyer unless separate Conditions of Sale are specifically stated in writing between the Buyer and the Seller.
2. Price
2.1 The Price of the Goods, or that ruling, shall be that notified by the Seller to the Buyer at the time the Buyer places an order.
2.2 The Seller reserves the right to increase the price of the goods prior to delivery by notice in writing to the Buyer.
2.3 The Buyer, on receipt of such notice may cancel the order or any undelivered part of the quantity ordered.
3. Payment
Unless agreed by the parties in writing, PAYMENT SHALL BE MADE WITHIN 30 DAYS FROM THE DATE OF THE INVOICE. Failure to pay with-
in this period shall entitle the Seller to cancel all outstanding deliveries under the contract without incurring any penalty.
4. Taxes
4.1 The Price of the Goods as agreed between the Seller and the Buyer does not include any Australian sales taxes inclusive of V.A.T. or G.S.T. if the buyer provides to the Seller Tax Examination Numbers or Certificates at the time each order is made.
4.2 If this information is not provided the Seller is obliged to charge such tax at the rate ruling at the date of the delivery.
5. Quality and Purpose
Goods are warranted to accord with the Manufacturer’s specifications and/or to be within normal limits of industrial quality.
6. Force Majeure
Deliveries may be suspended, totally or partially, if the Seller or Manufacturer is prevented from taking delivery, manufacturing, or delivering goods as a result of circumstances beyond their control. The Buyer, without incurring any financial liability, may cancel any order, or part of any order, suspended in this manner. In all other respects the order shall not be affected.
7. Assignment
No aspect of the contract for sale of Goods between the Buyer and the Seller shall be assigned without the Seller’s written consent. The Seller reserves the right, absolutely, to withhold such consent.
8. Claims
8.1 Damaged, short or non delivery of the goods
The Seller reserves the right to refuse any claim unless the Buyer
a) Notifies the Seller by telephone or fax immediately after delivery of the Goods
AND/OR
b) Lodges a claim in writing within 3 days of the delivery of the Goods.
8.2 Defective Goods. Any claim for defective goods must be made within 7 days of the discovery of the defect but not later than 60 days after the delivery of the goods.
9. Reservation of Title
9.1 Ownership of the Goods will pass from the Seller to the Buyer upon delivery at which time all risk and liability for use shall pass from the Seller to the Buyer.
9.2 This will not invalidate any agreement for payment of the Goods as set out in Clause 3 above.
10. Law and Jurusdiction
The laws of South Australia shall govern all contracts of sale between the Buyer and the Seller.
11. Bankruptcy
The Seller may cancel any order in the event it becomes aware the Buyer has
a) Entered into arrangements to pay Creditors
b) Entered into bankruptcy
c) Gone into liquidation
12. Patents and Trademarks
The Buyer shall not
a) Use any of the Sellers trademarks without the Sellers written prior consent.
b) Shall have no right by the purchase of Goods to use, exercise or sell any invention the subject of letter of patent which belong to the Seller.
13. Containers / Pallets
Where, subject to the contract of Goods between the Buyer and Seller containers and/or pallets are to be returned to the Seller.
13.1 The Buyer shall exchange at the time of delivery of the Goods an equal number of containers/pallets of like type and quality.
13.2 If containers or pallets are not returned to the Seller by the Buyer the Seller may
a) De-hire the containers/pallets to the Buyers account
b) Charge the Buyer for the containers/pallets at the current commercial rate.
|
