Genquip ( ACN 001 231 009 )
All Goods and Services provided by Genquip are conducted in accordance with the following
STANDARD TERMS AND CONDITIONS OF SALE
1. Genquip will be known as “The Company” in these Standard Terms and Conditions of Sale (T&C).
2. Payment terms are strictly Cash prior to delivery unless otherwise arranged with Genquip and confirmed in writing.
3. Goods will be returned in accordance with “Genquip Online Returns Policy” located at genquip.com.au.
4. The Customer hereby acknowledges that any outstanding amount constitutes a direct breach of these terms, resulting in the balance to become immediately payable. The Customer agrees that a service charge of 0.05% per day on overdue balances will be charged to the Customer’s account at the discretion of the Company.
5. In the event of the Company instructing its solicitors to collect an overdue amount all legal fees and collection charges and tracing agents fees as between solicitor and client shall be borne by the Customer and all payments made shall firstly be allocated towards such fees and charges thereafter to interest and finally to capital.
6. The Customer hereby consents to the jurisdiction of the Laws of New South Wales for all actions, which may be instituted against it for the recovery of any amounts owing to the Company.
7(a). Product supplied by the Company to the Customer will be at the Customer’s risk upon delivery to the Customer or into the Customer’s custody (whichever the sooner), and the Customer must insure the product thereafter against such risks as the Company reasonably requires.
7(b). Ownership of the product supplied by the Company will not pass to the Customer and will remain with the Company until such time as the product the subject of the Contract and all other products supplied by the Company to the Customer and all debts owing by the Customer to the Company from any other cause, have been paid in full.
7(c). The Customer irrevocably agrees and undertakes that the Company (its servants or agents) will have the right forthwith (and without prejudice to any other rights the Company may have pursuant to these Standard Terms and Conditions of Sale or at law or in equity) without notice or demand to immediately enter upon the Customer’s premises and retake possession and remove the product in the possession of the Customer or wheresoever situated.
8. Notwithstanding 7(a), 7(b), 7(c) above. The risk of any loss or damage to or any deterioration in product from whatever cause shall pass to the Customer at the time of delivery.
9. The terms and conditions contained herein constitute the entire Agreement between the parties and no amendment or variation shall be of any force and effect unless to writing and signed by both the Company and the Customer. No representations have been made by the Company or on its behalf which have induced the Customer to enter into this Agreement.
10. No relaxation or indulgence granted by the Company to the Customer shall be deemed as a waiver of any rights of the Company in terms of this Agreement and such relaxation or indulgence shall not be deemed a variation of any terms and conditions of this Agreement.
11. The Company shall not be responsible for any loss or damage howsoever caused to the property or person of the Customer or any third party as a result of any defect in the product whether patent or latent, and the Customer indemnifies the Company against any claims made against it by any third party arising out of any such defects.