Terms and Conditions of Sale
1. These terms and conditions apply to all goods supplied by us to you. You are agreeing to them by placing an order with us.
2. You must pay us the price for the goods we supply to you, together with any other applicable fees or charges, within 30 days after the date upon which you received them, unless an alternative agreement has been mutually determined in writing.
3. Unless specifically stated otherwise, all prices which we quote or estimate to you are exclusive of GST. If GST is payable on a Taxable Supply made by us to you, then you must also pay the amount of GST payable in respect of that Taxable Supply as additional payment. However, you are not obliged to do so until we provide you with a Tax Invoice or Adjustment Note, as the case may be. In this clause, “GST”, “Tax Invoice”, “Taxable Supply” and “Adjustment Note” have the meanings given by the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).
4. All queries regarding goods supplied, invoicing and shortages must be advised to us within 7 days after the date upon which you received them.
5. Orders made and goods supplied are made on the basis of these Terms and Conditions of Sale and no other conditions made or implied or stated on the customer order will apply unless specifically accepted in writing by us.
6. You must pay interest on any amounts not paid by the due date at a rate 2% higher than the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 (Victoria) as at the date the amount became due.
7. For all orders over $300.00, delivery is quoted as Free Into Store (F.I.S.) or Free on Rail (F.O.R.) in the metropolitan area. Orders under $300.00 will incur a delivery charge.
8. Goods cannot be supplied on a sale or return basis. Goods may be returned for credit provided they are returned within 7 days of delivery and are accompanied by the original Invoice.
9. All orders are accepted on the basis of, and will be invoiced at, the prices in effect on the date of dispatch from our factory.
10. We are authorised by the ACCC to charge a paint levy on nominated products. The paint levy is currently 15 cents per litre of the following products: Interior/exterior architectural paint, deck coatings, floor paints, primers, undercoats & sealers, stains, shellacs, varnishes, urethanes (single component) wood coatings and packaging.
See Paintback website for further details: www.paintback.com.au
We reserve the right to change the levy and products subject to the levy at any time.
ALTERATION TO PRICE
11. We reserve the right to alter prices at any time without prior notification.
12. Property in goods supplied remains with us until we have been paid in full for all amounts you owe us including payment for the goods and any applicable interest, fees and charges, and until then:
(a) you hold the goods only as a bailee and have no right to claim any other interest in the goods, including any security for any liquidated or unliquidated debt or obligation that we owe you, or any lien over the goods;
(b) we may enter and recover possession of the goods from any site owned, possessed or controlled by you and you grant us an irrevocable licence to do so;
(c) you must not deliver or on-supply any of the goods (nor any document of title to them) to any person, but if you do then you hold the proceeds of the on-supply of the goods on trust for us and must pay the amount to us immediately when received;
(d) you must not allow any person to have or acquire any security interest in the goods nor create any absolute or defeasible interest in the goods in relation to any third party except as we may authorise;
(e) you must insure the goods for their full insurable or replaceable value (whichever is higher) and provide us with details of the insurance if we request it;
(f) you must not remove, deface or obliterate any identifying mark or number on any of the goods;
(g) your right to possession of the goods ceases if we recall or recover the goods, or if you become insolvent, you enter into voluntary or involuntary administration or receivership, or a petition is filed for your bankruptcy or winding up.
13. You also agree:
(a) that the retention of title under this clause is a security interest within the meaning of the Personal Property Securities Act 2009 (“PPSA”);
(b) to grant us a purchase money security interest (as that term is defined in the PPSA) in relation to the goods;
(c) to contract out of all of your existing and future rights under the provisions referred to in paragraphs (a) through to (r) in section 115(1) of the PPSA, to the full extent permitted;
(d) to sign any documents or do any things which we may reasonably require to enable us to register a financing statement or financing changes statement on the register (as defined in the PPSA);
(e) to pay any costs we incur in registering and maintaining a financing statement (including registering financing change statement) and enforcing the security interest created under these terms and conditions.
14. Risk in the goods passes to you upon their delivery to or collection by you.
15. You hereby indemnify us and our employees, directors, contractors and agents against, and release us and them from, any loss (including reasonable legal costs and expenses) or liability incurred by us and/or them arising from any claim, demand, suit, action or proceeding by any person against us and/or them where such loss or liability arose directly or indirectly from or in connection with any breach of these terms and conditions or from use of the goods unless such liability is directly caused by the negligence or default of the person indemnified.
16. You (and your directors if you are a company) must not, and you must take steps to ensure that your employees, agents and contractors do not, nor assist anyone else to:
(a) copy, memorise, reproduce, misappropriate or reverse engineer the whole or any part of the goods;
(b) challenge, contest or oppose any of our intellectual property rights;
(c) use any name or logo associated with the goods other than as we authorise you;
(d) divulge our confidential information to any person or use it for your own benefit except as we have expressly authorised or as required by law.
17. Any specifications, details, statistics or performance figures we may have given you about the goods are only estimates and any deviation does not entitle you to make any claim against us. Any sample is provided only to indicate the general nature of the product, and we do not warrant that goods supplied will correspond with any sample or with any previous or future goods supplied.
18. Except as stated in any separate written warranty we may provide you with the goods or a quote, under no circumstances will we have any liability to replace or repair defects in the goods where:
(a) the defects have not arisen solely from faulty materials or workmanship;
(b) the goods have received maltreatment, inattention or interference or have been used, applied, packaged or stored other than in accordance with our instructions and recommendations;
(c) products not manufactured by or approved by us have been used with the goods.
19. Except as provided in these conditions, all express and implied warranties guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, installation, materials or workmanship or otherwise are expressly excluded. We are not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the application, supply, installation or operation of the goods or arising out of our negligence or in any way whatsoever.
20. If any condition or warranty is implied into this agreement under the Australian Consumer Law or any equivalent State or Territory legislation and cannot be excluded, then our liability is limited to one or more of the following:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired;
(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
21. Nothing in these conditions is to be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
22. In these terms and conditions,
(a) “we”, “us” or “our” meansHenry Haymes Pty LtdACN 004 201 638;
(b) “you” or “your” means the party named as “customer” on any attached or overleaf invoice, delivery docket or quote;
(c) “goods” includes all goods supplied by us to you including any associated services except where the context does not permit;
(d) “our confidential information” includes all of our secrets, ideas, know how, concepts, information, copyright, computer programs, manuals, precedents whether in writing or in any other form and all other information relating to us or our affairs, businesses, sales, marketing or promotional information, and any information about the ingredients, mix, make-up or manufacturing process of the goods.