Ball & Doggett Pty Ltd ABN 58 005 190 036
These Terms and Conditions of Sale supersede all previous Terms and Conditions of Sale. Indent prices for proprietary grades are available on application.
(a) the entire amount of the Customer's outstanding debt will become immediately due and payable to the Supplier without any need for the Supplier to make written demand for such payment; and
(b) the Supplier may do any one or more of the following:
(i) suspend any further deliveries;
(ii) charge the Customer interest computed daily and compounded monthly on the outstanding amount at the penalty interest rate of 1.5% per month calculated on a daily basis on the unpaid amount from due date until payment in full;
(iii) require the Customer to deliver the goods back to the Supplier at the Customer's cost; and
(iv) recover all reasonable collection and legal costs.
21. The Customer acknowledges and agrees that the credit to be provided to the Customer by the Supplier is to be applied wholly or predominantly for commercial purposes.
(a) the Customer will keep its books, records and files of any kind available for inspection by the Supplier at the Customer's principal place of business; and
(b) any failure by the Supplier to exercise any right under this clause 31 or any other rights is not a waiver of any of the Supplier's rights, including without limitation those rights that arise under this clause 31.
(a) the Customer ceases to be able to pay its debts as and when they fall due;
(b) the Customer commits an act of bankruptcy or has a controller or trustee appointed in respect of its estate or any part of its assets;
(c) execution is levied against any of the Customer's possessions;
(d) a resolution is passed for, an application is made for, or the Customer is placed in, liquidation, whether voluntary or otherwise;
(e) the Customer's act or omission would entitle a receiver to take possession of any assets, or would entitle an external administrator to be appointed to it;
(f) the Customer commits a material breach of any of these Terms and Conditions or any other agreement between the Customer and the Supplier;
(g) the Customer purports to enter into a forward sale contract in respect of the goods or value added goods or purports to assign or factor the book debts due to it without the Supplier's prior written consent, which consent may be withheld in the Supplier's absolute discretion; or
(h) the Supplier gives notice to the Customer terminating its right to sell the goods in the ordinary course of business.
37. The Supplier reserves the right to withdraw credit at any time, whether the Customer is in default under the terms of this agreement or not.
38. Claims will only be considered if made within one month of delivery of the goods.
41. If the Customer is a corporation, the Customer warrants that its directors have approved the Customer entering into this agreement.
42. If the Customer is the trustee of a trust (whether disclosed to the Supplier or not), the Customer warrants to the Supplier that:
(a) the Customer enters into this agreement in both its capacity as trustee and in its personal capacity;
(b) the Customer has the right to be indemnified out of trust assets;
(c) the Customer has the power under the trust deed to sign this agreement; and
(d) the Customer will not retire as trustee of the trust or appoint any new or additional trustee without advising the Supplier.
43. The Customer must give the Supplier a copy of the trust deed upon request.
46. If the Customer becomes insolvent, the Customer remains liable under this agreement for payment of all liabilities incurred hereunder. The Customer remains liable under this agreement even if the Supplier receives a dividend or payment as a result of the Customer being insolvent.
(a) under section 95 to receive notice of intention to remove an accession;
(b) under section 118 to receive notice that the Supplier intends to enforce its security interest in accordance with land law decisions;
(c) under section 121(4) to receive a notice of enforcement action against liquid assets;
(d) under section 125 in respect of the obligation to dispose of or retain collateral;
(e) under section 129 to receive a notice of disposal of goods by the Supplier purchasing the goods;
(f) under section 130 to receive a notice to dispose of goods;
(g) under section 132(2) to receive a statement of account following disposal of goods;
(h) under section 132(3)(d) to be shown amounts paid to other secured parties in a statement of account;
(i) under section 132(4) to receive a statement of account if no disposal of goods for each 6 month period;
(j) under section 134(2)(a) to receive notice of retained collateral;
(k) under section 135 to receive notice of any proposal of the Supplier to retain goods;
(l) under section 137(2) to object to any proposal of the Supplier to retain or dispose of goods;
(m) under section 142 to redeem the goods;
(n) under section 143 to reinstate the security agreement; and
(o) under section 157(1) and 157(3) to receive a notice of any verification statement.
(a) Firstly, in payment of any and all collection costs and legal costs in accordance with clauses 49 and 50.
(b) Secondly, in payment of any interest incurred in accordance with clause 4(b)(ii).
(c) Thirdly, in payment of the outstanding invoice(s).
55. Risk in the goods passes to the Customer immediately on delivery, or on invoice for charged and held goods. From the day that risk in the goods passes to the Customer until the passing of title, the Customer must, at its own cost, insure the goods against such risks as a prudent owner of the goods would insure them (for their full insurable value).
Taxes and duty
(a) any legislation becoming applicable to the subject matter of this agreement; or
(b) any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration;
the Supplier becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the Customer, then the Customer must pay the Supplier these additional amounts on demand.
(a) replacing the goods or supplying equivalent goods;
(b) repairing the goods;
(c) providing the cost for replacing the goods or for acquiring equivalent goods; or
(d) providing the cost for having the goods repaired.
62. In relation to the supply of services, the Supplier’s liability is limited to any one or more of the following as determined by the Supplier:
(a) supplying the service again; or
(b) providing for the cost of having the services supplied again.
(a) the Customer breaches any of these Terms and Conditions;
(b) the Customer has provided any false or misleading or inaccurate information to the Supplier (including information set out in the Application);
(c) the Customer commences to be wound up, struck off, placed in liquidation, under official management, or to appoint either a receiver or an administrator; or
(d) the Supplier has formed the opinion (in its absolute discretion) that the Customer no longer meets the financial conditions or commitment expected from the Supplier's customers.
71. In addition to other remedies herein or at law, cash payments or satisfactory security from the Customer may be required by the Supplier before dispatch of the Goods, or the due date for payment by the Customer under any order may be accelerated by the Supplier.
Limitation of liability
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.
(a) the Customer is relying on its own skill and judgement in relation to its selection of the goods; and
(b) the Customer has not advised the Supplier of the intended purpose of the goods and the Supplier has not advised the Customer of the suitability of the goods for any purpose, including the suitability of self-adhesive materials purchased by the Customer.
79. The Customer warrants to the Supplier that:
(a) it possesses the relevant knowledge and all necessary licences, permits or approvals to receive, handle and store the goods;
(b) it will comply with all laws and the conditions of any licences, permits or approvals relating to the handling and storage of the goods.
80. To the extent permitted by law, the Customer indemnifies the Supplier against all losses, damages or costs (whether incurred by or awarded against the Supplier) that the Supplier may incur as a result whether directly or indirectly, of:
(a) the Customer's use, sale and/or handling of the goods;
(b) any claim that the Customer's use of the goods infringes the intellectual property rights of any person and/or entity; or
(c) repossessing the goods or enforcing any rights the Supplier has against the Customer under these Terms and Conditions or at law, including without limitation, any claims from parties whose property has been incorporated into the goods.
81. Delivery of the goods is deemed to occur either:
(a) when the goods are unloaded or provided at the premises nominated by the Customer, whether or not any person is present to accept the delivery; or
(b) if collected by the Customer, when the Supplier notifies the Customer that the goods are ready for collection from its premises.
87. Where the Supplier arranges for the goods to be supplied to the Customer by a third party supplier, the following terms and conditions apply:
(a) All orders are accepted subject to the Supplier being able to arrange supply of the goods;
(b) Where the Supplier arranges for the goods to be imported into Australia and they are supplied direct to the Customer or held at premises controlled by the Customer or its agent:
(i) the price conversions from overseas currency to Australian currency will be at the rate of exchange quoted in the original order confirmation;
(ii) the Customer will be responsible (at its cost) for obtaining any licences and approvals necessary to import the goods;
(iii) the provisions of the Incoterms 2010 as applicable to the contract between the third party supplier and the Supplier are deemed to be included in and form part of the contract with the Customer except to the extent that any such provisions are inconsistent with these Terms and Conditions;
(iv) where the term “net delivered” is used it shall have the meaning equivalent to the Incoterm “Delivered Duty Paid – Buyer’s Premises Incoterms 2010” and it shall be the Customer's responsibility in any such contract to arrange for the goods to be unloaded and the Customer shall bear all risks associated with the unloading of the goods;
(v) except in the case of goods sold at net delivered prices, all bank charges and other clearing costs will be met by the Customer; and
(vi) where the basis of sale is net delivered, payment is due by the end of the month following the date on which the goods are delivered to the Customer or collected by the Customer. In all other cases, the goods will be invoiced on the date of the bill of lading and payment is due at the time specified on the sale note.
(c) The Customer acknowledges that the goods referred to in any particular order will be subject to certain conditions of sale imposed by the third party supplier. Because of this the Customer accepts that there may be certain variations in quantities supplied, thickness, sheet size, and reel dimensions within certain tolerances generally accepted within the paper industry.
(d) The Supplier accepts no liability for, and the Customer agrees to indemnify the Supplier from, any claim arising where a third party supplier refuses to accept an order or does not fulfil an order or for any cause whatsoever beyond the Supplier's reasonable control.Packing
88. Packing will be effected in accordance with the Supplier’s standard practice and the cost of packing is included in the price. If the Customer requests alternative packing the Customer will bear the cost of such packing.
Customer guillotining policy
89. The Supplier reserves the right to charge for the cost of cutting for any items not published within the Supplier's price book.
(a) the goods are returned in original packaging and are fit for resale; and
(b) the Customer agrees to pay any restocking fee charged by the Supplier.
92. In addition to the Customer's rights in respect of defective or non conforming goods, the Customer may return goods where all of the following circumstances apply:
(a) the Supplier has agreed in writing in advance;
(b) the goods are, in the Supplier's opinion, in good saleable condition;
(c) the goods remain in the original undamaged packaging as supplied to the Customer by the Supplier;
(d) the goods are not custom made in accordance with the Customer's particular requirements or imported from overseas at the Customer's request;
(e) the goods are returned within 30 days following delivery; and
(f) the Customer is liable for the delivery and insurance costs incurred in respect of any goods returned to the Supplier.
93. Any goods returned must be at the Customer’s entire risk and expense except in cases where goods have been supplied in error by the Supplier. All goods returned must be by the Supplier’s nominated carrier.
94. The Supplier may sub-contract the production, manufacture, supply or delivery of all or some of the goods.
98. Failure by the Supplier to insist on strict compliance with any of these Terms and Conditions or any delay by the Supplier in exercising its rights under any contract between the Supplier and the Customer will not constitute a variation or waiver of any provision of this contract or of any right available to the Supplier.
99. The Customer acknowledges that its agents and employees may place orders for goods with the Supplier and that it shall be bound by these Terms and Conditions irrespective of whether any such orders are unauthorised or fraudulent.
100. The Supplier may serve any notice on the Customer by forwarding it by post or facsimile or email at the last known address of the Customer.
101. Clerical errors, typing errors or other errors in computations, catalogue, quotation, acceptance, offer, invoice, delivery docket, credit note or specification of the Supplier shall be subject to correction by the Supplier.
102. If part or all of any provision of these Terms and Conditions or its application to any person or circumstance is illegal or unenforceable, the provision or part of a provision will be interpreted as may be necessary to ensure it is not illegal or unenforceable. If any provision or part of a provision cannot be interpreted in that way, the provision or part of a provision will be severed from these Terms and Conditions and the remaining provisions and parts of provisions continue in force and remain effective.
Consent to register
111. The Customer agrees to the terms of the Privacy Statement pursuant to the Privacy Act 1988 contained in its credit application.