The conditions below apply in the supply of all goods by Lock Focus (ABN 43 007 311 300) to you and on you placing an order with us constitute an agreement between you and us.
These terms and conditions shall apply to the exclusion of all others, including any terms and conditions of the Customer (whether on the Customer’s order form or otherwise). The Customer acknowledges that these terms and conditions embody the whole agreement between the parties and agrees to be bound by them.
2. Payment Terms
Payment shall be made by the Customer to the Credit Provider for all goods supplied, work and labour done and services rendered within 30 days from the date of invoice. The Customer acknowledges that time is crucial with regard to payment and that any breach of this term will enable the Credit Provider to exercise all of his rights contained herein, including (but without in any way limiting his rights) the right to cancel further credit and to take legal action for the recovery of all sums outstanding.
Should payment remain outstanding beyond the Credit Provider’s payment terms, as outlined in Clause 2 above, the Customer is liable for all costs, including legal costs (on a Solicitor/own client basis) and mercantile agents fees incurred by the Credit Provider in recovering the amount outstanding.
A Minimum Order Value of $100 applies.
(a) Goods shall be delivered to the address specified in the credit application as the address for delivery, unless otherwise agreed between the two parties.
(b) In the event that a delivery date is specified by the Customer, the Credit Provider shall use his best endeavours to comply with the Customer’s requests. In no circumstances will the Credit Provider be liable for any loss or damage of any kind whatsoever in the event that he is not able to comply with the Customer’s request for delivery at a certain time. The Customer acknowledges and agrees that he will not make any claim against the Credit Provider for any loss or damage incurred as a result of late delivery.
(c) Each consignment/invoice shall include a delivery charge.
(d) Overnight bags shall be charged.
(a) The Customer will be deemed to have accepted the goods as being in accordance with his order unless he notifies the Credit Provider in writing of its claims within 14 (inconsistent with returned goods timeframe?)days of receipt of the goods.
(b) No return of allegedly defective goods will be accepted by the Credit Provider unless he has given prior written authorisation for the return.
All warranties, whether express or implied and whether statutory or otherwise with regard to the goods supplied by the Credit Provider as to quality, fitness for purpose or any other matter, are hereby excluded, except insofar as any such warranties are incapable of exclusion at law.
8. Change of Ownership
The Customer agrees to notify the Credit Provider in writing of any change in ownership of the Customer within seven (7) days from the date of such change and indemnifies the Credit Provider against any loss or damage incurred by it as a result of the Customer’s failure to notify the Credit Provider of any change.
Orders placed with the Credit Provider cannot be cancelled without the written approval of the Credit Provider. In the event that the Credit Provider accepts the cancellation of any order placed with him, he shall be entitled to charge a reasonable fee for any work done on behalf of the Customer to the date of the cancellation, including a fee for the processing and acceptance of the Customer’s order and request for cancellation.
The Customer hereby acknowledges that the Credit Provider has a lien over all goods in his possession belonging to the Customer to secure payment of any or all amounts outstanding from time to time.
The proper law of all contracts arising between the Credit Provider and the Customer is the law of the State of Victoria and the parties agree to submit to the jurisdiction of the Courts of that State.
Property in any article sold by the Credit Provider shall not pass from the Credit Provider to the Customer until the Customer has paid for the article in full and all cheques and other negotiable instruments have been cleared. The risk for loss or damage to the article shall be entirely at the risk of the Customer upon delivery to the Customer. If any payment for any article sold by the Credit Provider is overdue or if the Customer pays the Credit Provider by cheque (in full or in part) and such cheque is not met on presentation by the Credit Provider, the Credit Provider reserves the right to retake physical possession of the goods in full or partial satisfaction of the debt, and for this purpose the Customer hereby consents to the Credit Provider or his agents or servant entering upon the Customer’s premises. Monies owed by the Customer to the Credit Provider shall become due immediately upon the commencement of any act or proceeding in which the Customer’s solvency is involved.
13. Power to Sell Goods
Nothing herein contained shall prevent the Customer from selling the goods to any third party provided that:
(a) the proceeds of any such sale shall be held in trust by the Customer for the Credit Provider, and
(b) the proceeds of such sale are kept separate from all other monies held by the Customer.
I, the undersigned, in consideration of Lock Focus (ABN 43 007 311 300), herein referred to as the Credit Provider, granting credit to and agreeing to supply goods and/or services to us (herein referred to as the Customer) hereby agree, on behalf of the Customer, to the above terms and conditions.
14.1 In these terms and conditions:
Associates include employees, agents, authorised representatives and subcontractors;
Claim includes claim, demand, threat or proceedings;
Costs means and includes all loss, damage, costs, contributions and expenses, including legal costs and expenses incurred in bringing, defending or settling any Claim;
Goods mean the goods to be supplied to you by us as stated in any purchase order or quotation provided by us to you;
GST has the meaning given to it in A New Tax System (goods and Services Tax) Act 1999;
Loss includes loss, liability, claim, cost, injury, death, demand, threat, damage, penalty or expense (including legal costs in connection with same on a full indemnity basis);
PPSA means Personal Property Securities Act 2009 (Cth) as modified or replaced from time to time;
PPSR means the Personal Property Securities Register established under the PPSA;
we, our, us means Lock Focus Pty Limited (ABN 43 007 311 300); and
you, your means the Customer.