TERMS AND CONDITIONS OF SALE
“NCC” means New Concept Sign & Display Pty Ltd (ABN: 33 605 133 024)
“Purchaser” means the purchase of the Goods specified in the invoice;
“Goods” means the products and services, if any, specified in the invoice.
These terms and conditions govern all contracts for the sale or supply of Goods by NCC unless otherwise agreed in writing
All orders are received subject to acceptance by NCC. By placing an order, the Purchaser agrees to accept NCC terms and conditions.
No order placed with NCC and accepted by it may be cancelled without NCC’s written consent and on such terms as NCC may stipulate.
Goods and Services Tax will be charged on all Goods unless it is on FOB terms. Prices quoted by NCC are exclusive of GST.
Prices are subject to change without notice.
6.1 Delivery dates given by NCC are approximate only and rely on prompt receipt of all necessary information regarding the order.
6.2 NCC will use its best efforts to meet an estimated date of delivery but will not be liable for any claim loss or expense sustained or incurred by any person and arising out of or as a result any delay in delivery due to any circumstance whatsoever.
6.3 Delivery discrepancy claims must be notified to NCC by e-mail(s) within 3 business days after receipt of Goods. The notification must include details of the original invoice number.
7. LIABILITY FOR DELIVERY COSTS AND RISK
Delivery costs per to the latest price list or written quotations of NCC.
If NCC arranges the delivery, then risk (but not title) in the Goods will pass to the Purchaser upon delivery to the Purchaser.
If the Purchaser arranges pick up either by third parties or by the Purchaser themselves, then risk (but not title) in the Goods will pass to the Purchaser upon pick up.
8. RETURN OF GOODS
In every instance, transactions for return of Goods must first be approved by NCC. Approval will be considered by NCC only in circumstances where:
8.1 advice of any proposed return is given within thirty (30) days from date of invoice;
8.2 no Goods will be accepted for return unless they are in good order and condition; and, the original purchase invoice number must be supplied.
8.3 All goods returned will be subject to a restocking fee of 15% of the purchase price or $25 per item, whichever is greater.
Once a Return Material Authorization (RMA) has been completed, all freight concerned is not refundable and other charges may be levied by NCC to cover, handling, inspection and reconditioning costs and must be paid by the Purchaser in accordance with condition 9;
Customer is to return the goods once the RMA is authorized at their own freight expense.
9. TERMS OF PAYMENT
9.1 Terms of payment per to NCC’s invoices or written offers by NCC
9.2 Payments: EFT is preferred; cash; 2% surcharge will be applied if pay by Card (VISA/MasterCard only) or PayPal. NCC doesn't accept cheque.
9.3 If payment is not made in accordance with the above terms, the Seller shall be entitled to:
- Charge default interest at the rate of 1.5% per month calculated on a daily basis on any moneys due but unpaid, such interest will be computed from the due date of payment.
- Cease supply of goods.
9.4 In the event of default of payment by the applicant in accordance with Clause 9.2 hereof all debt recovery costs including legal costs on a solicitor/own client basis and any mercantile agent costs shall be deemed to be part of the indebtedness of the applicant to NCC. A Certificate signed by a Director or a Secretary for the time being of NCC as to any sum payable to NCC pursuant to this Clause shall be conclusive evidence and proof of indebtedness the applicant to NCC at the time of the such Certificate.
9.5 These Terms and Conditions of Sale may be the subject of any variation or alteration by notice in writing to the Buyer by the Seller. Such variation or alteration will apply as and from the date the notice is given or any other date nominated by the Seller whichever should occur later.
10. RETENTION OF TITLE
Property in the Goods will not pass to the Purchaser but will remain in NCC until payment in full of the purchase price of the Goods supplied by NCC to the Purchaser.
Until payment of all monies owing by the Purchaser to NCC for the purchase of Goods is received in full by NCC:
10.1 the Purchaser holds the Goods as fiduciary and bailee for NCC;
10.2 the Goods must be stored separately and in a manner to enable them to be identified and cross-referenced to particular invoices; and the proceeds of any Goods sold by the Purchaser must be kept in a separate account and must not be mixed with any other monies including funds of the Purchaser and the Purchaser agrees that those funds shall be held in trust for NCC.
If payment for the Goods is not made by the Purchaser to NCC by the due date then the Purchaser must deliver the Goods to NCC upon demand. If the Purchaser does not comply with a demand within 48 hours of receipt, NCC will be entitled to enter upon the Purchaser’s premises at any time to do all things necessary in order to take possession of the Goods. The Purchaser will be liable for all costs whatsoever associated with the exercise of NCC’s rights under this condition.
The Purchaser acknowledges that if the Goods are mixed with other products or items so that the Goods are no longer separately identifiable, then the Purchaser shall hold such part of the proceeds of sale of the new product as relates to the Goods in trust for NCC, such part to be equal to the amount owing by the Purchaser to NCC at the time of the receipt of such proceeds of sale.
11. PRODUCT WARRANTY
All terms, conditions and warranties implied by statute or general law for contracts of sale applicable to the Goods are, so far as is allowed by law, expressly excluded.
12. LIMITATION OF LIABILITY
12.1 To the extent permitted by law, all statutory and other implied conditions and warranties relating to the supply of the Goods and performance of Services by NCC are negatived, and the liability of NCC pursuant to any provision of legislation of the Commonwealth or any State or Territory, or pursuant to any other potential liability (whether arising from negligence or not) including consequential loss, is limited at the option of NCC: (1) in the case of Goods, the replacement of the Goods or supply of equivalent goods, the repair of the Goods, the payment of the cost of replacing the Goods or acquiring equivalent Goods, or the payment of the cost of having the Goods repaired and (2) in the case of Services, the supplying of the Services again or the payment of the cost of having the Services supplied again.
12.2 Except as expressly provided in these Terms, NCC shall not be liable to the Buyer, its servants, agents or contractors for any loss, damage, injury to property or persons (including but not limited to loss of profits or business or other direct, indirect, special, consequential or incidental damages) resulting from, arising out of, or in connection with the acquisition, delivery, re-supply, retaking of possession, installation or use of the Goods or cancellation of the Service or any other claim whatsoever arising directly or indirectly out of or in anyway attributable to the performance or non-performance of the Goods, Services or Order.
12.3 The Buyer agrees to check all Goods and Services for compliance with all applicable standards and regulatory bodies before use, on-sale or application and to use or apply the Goods and Services in accordance with those standards and regulations.
12.4 The Buyer is liable for and shall indemnify NCC and its officers, employees, contractors and agents against any liability, loss, claim, charge, payments made, cost or expense whatsoever, whether arising under contract, statute or common law, incurred or sustained by NCC or its officers, employees, contractors and agents in respect of:
(a) any property damage, loss, or loss of use of any property, including economic and consequential loss arising there from;
(b) personal injury to, or death of, any person; and
(c) all legal and other costs and expenses incurred by NCC by reason of a breach of these Terms by the Buyer or arising from the services provided by the Buyer or to the extent of, or contribution to, any act, matter or thing done, permitted or omitted to be done by NCC including its employees or agents or contractors and their employees or agents.
12.5 No dealing between NCC and the Buyer shall be or be deemed to be a sale by sample. The Buyer warrants that they have assessed the suitability of the Goods and Services for their purpose, and any advice, recommendation, information or representation given or provided by NCC as to the quality or performance of the Goods or Services or their suitability for a particular purpose or otherwise in relation to the Goods or Services shall be accepted by the Buyer at its own risk and without any liability or responsibility on the part of NCC
13. FORCE MAJEURE
Where NCC is unable, wholly or in part, by reason of an act of God, strike, lockout or other interference with work, war (declared or undeclared), blockade, disturbance, lightning, fire, earthquake, storm, flood, explosion, governmental or quasi-governmental restraint, unavailability or delay in availability or equipment or transport, inability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licences, authorities or allocations, and any other cause whether of the kind specifically enumerated above or otherwise which is not reasonably within the control of NCC (“force majeure”) to carry out any obligation under this Contract, NCC will notify the Purchaser of that force majeure and the performance of NCC’s obligations will then be suspended so far as it is affected by force majeure during the continuance thereof.
14. CREDIT REPORTING UNDER THE PRIVACY ACT 1988
NCC may disclose personal information relating to the Purchaser to a credit reporting agency and NCC may, in assessing the Purchaser’s application for credit or, if the application is accepted and subsequently any payment becomes overdue, obtain personal information from a credit reporting agency or other credit provider and seek from a credit reporting agency or other credit provider information about the Purchaser’s credit arrangement, and this information may include the Purchaser’s credit worthiness, credit history or credit capacity.
NCC may give to any other credit provider any credit information whether by way of report, record or otherwise relating to credit worthiness and notification of default at any time during the provision of credit under these terms and conditions.
15. INTEREST ON OVERDUE ACCOUNTS
Interest at the rate of 12% per annum will be payable on the amount owing on the daily basis accruing from the due date until payment in full.
16.1 NCC shall be entitled to rescind this contract if the Purchaser fails to comply with these terms and conditions or any other contract between NCC and the Purchaser for the sale and purchase of Goods from time to time. Such contracts are collateral hereto and any default by the Purchaser under another contract shall be default hereunder. This condition may not be waived or abrogated other than in writing by NCC.
The performance of the terms of this contract of sale by NCC shall not be taken as a waiver of any rights of NCC in respect of any other contract with the Purchaser.
NCC may terminate this agreement, with immediate effect, by notice in writing to the Purchaser, upon the occurrence of any one of the following events:
If the Purchaser entered into any composition or arrangement with its creditors or has a receiver appointed over any of its assets or is the subject of any resolution or petition for winding up or judicial management (other than for the purposes of amalgamation or reconstruction).
If the Purchaser has committed a breach of any terms of this agreement or any previous agreement for the purchaser of goods between NCC and the Purchaser and fails to rectify such breach (if capable of rectification) within 14 days of service of a notice in writing calling upon it to rectify such breach.
NCC considers the terms and conditions to be valid and reasonable and each term and condition is severable and independent. If any term and condition is considered to be unreasonable in any circumstance or invalid because it does not comply with any law the term and condition will be read down so as to give it legal effect. If this is not possible these terms and conditions will apply to the Contract as if the term and condition considered to be unreasonable or invalid has been detected.
19. GOVERNING LAW
This Contract will be construed according to the laws in force in the State of NSW, Australia. The parties submit to the non-exclusive jurisdictions of the Courts of NSW, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with this Agreement.
New Concept Sign & Display Pty Ltd
Unit 11, 10 Ferngrove Place, Chester Hill NSW 2162
P: 02 8739 7617