TERMS AND CONDITIONS OF SALE
All prices and quotations shall be current for a period of 30 days from the date of the quote. unless otherwise stated. Master Banners Pty Ltd reserves the right to change the price after that period of time. Orders made by you (“the Customer”) on the basis of these quotations shall be deemed to incorporate all the terms and conditions set out herein.
Acceptance of the Customer’s order by the Supplier shall constitute a binding contract between the Customer and the Supplier which shall incorporate all these Terms and Conditions subject only to any addition or subtraction or variation as may be expressly provided for or agreed by the Supplier. Prices quoted verbally or in writing, the Customers order, either verbally or in writing and the acceptance by the Supplier shall constitute the entire contract between the Customer and the Supplier and no terms or conditions other than those set out in this document shall form part of or be incorporated into such a contract.
1. Goods supplied must be paid for prior to despatch from Masterbanners warehouse. Credit terms may be negotiated for large orders at the discretion of Masterbanners .
2. If goods are based on customs duty, primage, freight, currency exchange, GST and the like at the rates ruling at the date of the order and shall be increased to include any increase in any such rates and shall be increased to include any other tax which may be imposed by any authority (local, State or Federal) after the date hereof, prices for goods despatched to the Customer before such increase or the imposition of such new tax only excepted.
GST shall be charged to the customer as aforesaid unless the Customer advises their exemption in writing at the time that the order is placed.
Invoices shall be dated on the day on which the goods to which they relate are dispatched and payment shall be made within the time allowed by clause 3(i) hereof. Interest may be charged to the Customer on any default or delay in payment at the rate of eighteen percent per annum. Title of the goods ordered by the Customer and dispatched shall not pass to the Customer until payment in full has been received by the Supplier.
Delays. The Supplier shall not be liable in damages or otherwise for any failure to fulfil or any delay in fulfilling the Customer’s order which may arise from any cause or causes whatsoever beyond the control of the Supplier and the Customer agrees to accept delayed delivery of any goods ordered.
Errors. The Supplier shall not be liable for any errors in the Customer’s order and shall not be bound to correct the customer’s order. Errors with any supplied goods must be notified within 5 days of receipt of delivery.
Customer Material. The Supplier will not be liable in any case of any loss or damage to any item or other material (“the Customer’s material”) left with the Supplier by the customer howsoever such loss or damage may be caused.
Acceptance of the Supplier’s quotation whether verbally or in writing shall be taken as acceptance of these Terms and Conditions notwithstanding any inconsistencies which may be introduced by Terms and Conditions contained in the Customers order unless otherwise expressly agreed by the Supplier
Exclusions. Subject always to these Terms and Conditions, all other conditions and warranties whatsoever, whether statutory or otherwise are hereby excluded in so far as the same may be lawfully excluded by agreement between the parties to this contract and the Supplier shall not be liable in respect of any claim of any kind for injury or loss or damage including consequential loss or damage to the Customer or any other person except in so far as such liability is imposed on the Supplier or implied into the transaction by any Statute, the provisions of which cannot be excluded by these Terms and Conditions.
Limit of Liability. In no case shall the Supplier be subject to liability to the Customer which exceeds the liability to:
- The replacing or repairing of the goods sold or the resupplying of the services; or
- Payment of the costs of replacing or repairing of the goods sold or resupplying the services. In all cases (except where specifically agreed with the customer) the Customer shall, if required, deliver to the Supplier all goods said to be defective, and the Supplier may sell such goods and retain the proceeds.
Claim Period. In no case shall the Supplier be liable for any claim based on any breach of any condition or warranty expressed or implied unless such claim was made within 30 days of the delivery of the goods in question.
The Suppliers “RETURN of GOODS POLICY AND PROCEDURE”, shall govern each and every action where the Customer requests a credit for goods for any reason from the Supplier which had previously been sold by the Supplier to the Customer. Please request a copy if so required.