1. In these terms and conditions of sale:
“the Seller” means Kinder Australia Pty Ltd (ACN 006 489 238) (ABN 28 006 489 238) of 26 Canterbury Road, Braeside Victoria, 3195.
“the Customer” includes any person by whom or on whose behalf Goods are ordered from the Seller or any person by whom or on whose behalf a contract for sale of the Goods has been made and/or signed.
“the Goods” the Goods described on any invoices from the Seller or orders from the Customer.
These terms and conditions of sale 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). No goods or services will be supplied by the Seller on any terms or conditions other than those set out herein and by taking delivery of the Goods, the Customer shall be deemed to agree to these terms and conditions applying to exclusion of all others.
a) No title to or ownership of the Goods sold shall pass to the Customer by reason of delivery or acceptance of the same.
b) The Seller shall remain the absolute owner of the Goods until the purchase price of the Goods has been paid in full to it by the Customer. Until payment in full the Customer shall be the bailee of the Goods for the Seller and shall store them upon its premises in the manner which makes them readily identifiable as the Goods of the Seller.
c) Should the Seller seek to recover the Goods, the Customer hereby grants to the Seller a license to enter onto the premises of the Customer to facilitate recovery of the Goods and indemnifies the seller for any damage which has been caused to the Goods.
a) Payment terms and conditions are net 30 days from end of the month (unless otherwise stated).
b) Without limitation upon the Seller other legal rights or remedies, interest from the due date will be charged on overdue accounts at the rate of 2.5% per month calculated with daily rests.
The prices quoted by the Seller are for the goods and/or services and do not include Goods and Services Tax.
a) All Goods purchased from the Seller are sold on an ex-factory basis (unless otherwise stated).
b) If a delivery date is specified, the Seller will endeavour to deliver within the time so specified but in no circumstances will the Seller be liable for any loss or damage of any kind caused to the Purchaser arising from late delivery.
c) Freight will be arranged by the Seller as an agent acting on behalf of the Customer and will in no circumstances be liable for any loss or damages incurred by the Customer or the nominated freight company.
7. Personal Property Securities Register (PPSR)
a) These terms and conditions constitute security agreement and create a security interest in favour of the Seller in all Goods supplied by the Seller to the Customer which the Seller will reserve the right to register in the PPSR.
b) All purchases made by the Customer on credit terms will constitute a purchase money security interest, as defined in Section 14 of the Personal Property Securities Act (PPSA), 2009.
c) The Customer will not sell or grant any other Security Interest in the Goods until all monies owing to the Seller are paid in full.
d) The Goods supplied by the Seller to the Customer are Bulk Material Handling Products and Services.
e) The Customer will provide the Seller with no less than seven (7) days prior written notice of any proposed change in the Customer’s details including Business name, contact details, address, business practice or such other change in the Customer’s details.
f) The Customer will waive any rights permitted under Section 115 and Section 157 of the PPSA.
a) The Customer will be deemed to have accepted the Goods as being in accordance with the order unless it notifies the Seller within seven days of receipt of Goods to the contrary.
b) The Customer has responsibility to inspect or test Goods on arrival as claims for Goods which are not in their original condition will not be accepted.
c) Where Goods supplied by the Seller are proved to the reasonable satisfaction of the Seller to be defective through faulty materials or workmanship and where such Goods are returned to the Seller within seven days of receipt thereof by the Customer, the Seller will, at its option, either repair or replace the Goods or credit the Customer with the purchase price thereof.
d) No Goods will be accepted unless prior official authorization is given by the Seller; all Goods returned must be conveyed with our authorization carrier only.
a) All warranties and conditions (other than those referred to in these items and conditions of sale) whether expressed or implied and whether statutory or otherwise as to Goods and/or services supplied by the Seller and as to quality fitness or suitability for any purpose are hereby excluded except to the extent of any non-excludable warranty condition or liability of the Seller provided for by The Trade Practices Act 1974 or any other relevant and applicable State and/or Federal Legislation.
b) In no event shall the liability of the Seller exceed the Goods and/or services supplied by the Seller.
c) No servant, agent or contractor of the Seller has any authority to alter these terms and conditions of sale.
A contract once having been entered into shall not be broken other than by common consent of the parties concerned and on terms and under conditions, laid down by the Seller.
a) No Goods will be accepted for return for credit without prior approval of the Seller.
b) Approval may only be given if a request is received within 14 days of delivery.
c) No specially manufactured Goods will be accepted for credit.
12. Governing Law
This agreement shall be governed by and construed in accordance with the laws from time to time in force in Victoria and the parties hereto irrevocably submit to the non-exclusive jurisdiction of the courts competent to hear appeals therefrom.