Conditions of sale

CONDITIONS OF SALE
1 LIMITS OF CONTRACT:
Our quotation includes only such goods accessories and work as are specified and refers only to that enquiry to which it specifically relates.
2 CANCELLATION:
Cancellation of any order or part must be advised in writing and will be effective once accepted by Prometal Industries Ltd. In the event of cancellation any costs relating to the cancellation must be paid in full, to us, unless the costs are waivered by us in writing.
3 PACKAGING AND FREIGHT:
Unless otherwise specified in the quotation, packaging and freight shall be charged as an extra.
4 CONTINGENCIES:
Prometal Industries Ltd shall not be liable to you for failure to supply or for delays in supplying goods. We shall have the right, notwithstanding any contract you may have made with a third party, to terminate the agreement to supply without assigning any reason.
5 WARRANTY:
Warranty period is 7 days from the day the goods are put into operation providing this date is no later than 3 months from date of delivery and the goods have been stored satisfactorily during that time. Providing the terms of Payment are complied with by you, we undertake to remedy any original defect in goods supplied by Prometal Industries which are a result of faulty workmanship or materials. The warranty is limited to replacement or repair of the goods but does not cover cost of shipment to or from us. It does not cover any damage to other property or any other consequential loss which may occur.
6 SUITABILITY FOR BUYERS PURPOSES:
Goods ordered are deemed to be suitable for the purpose for which they are required. We accept no liability and offer no warranty in respect of the goods fitness or suitability for your purpose. If for any reason it is alleged the goods are not in accordance with the contract, notice must be given within five working days after delivery, or the goods shall be deemed to be in accordance with the contract. Should goods be deemed unsuitable a proper investigation as to any defect or complaint shall be carried out by us.
7 RISK:
Risk passes from Seller to the Buyer on delivery of goods. The goods are then at the risk of the Buyer notwithstanding that payment may be payable at a later date.
8 PRICES:
8.1 All quotations and prices are based on costs of materials, labour rates, wages, freight (whether overseas, coastal or inland) foreign exchange, customs duty and primage ruling at the date of quotation. Prometal Industries Ltd reserve the right to adjust the prices to account for any increase in costs occurring before acceptance and confirmation.
8.2 Prometal Industries Ltd reserve the right at any time to alter any of our selling prices, and terms we allow to purchases, without giving notice.
8.3 All prices quoted are exclusive of GST
8.4 Any Job where a quotation has not been supplied shall be back costed on completion and charged at current Prometal Time and Material rates.
9 PAYMENTS:
9.1 Credit terms are strictly monthly and payment is to be made on the 20th of the month following invoice date.
9.2 Prometal Industries Ltd reserve the right to charge monthly or daily interest on any account not paid by the end of the month immediately following the statement due date at an interest rate of 5% above the current bank overdraft rate.
9.3 The Customer agrees that failure in paying any account shall pay all costs, charges and legal expenses ( including costs between solicitor and own client) and including any collection costs incurred by Prometal Industries Ltd in recovering payment from the customer.
10 PROPERTY:
Ownership of and title to the goods remain with Seller as legal and equitable owner (whether or not they become constituents of other goods) until payment in full of the purchase price and all other monies owing by Buyer to Seller in respect of the goods or any other goods the subject of any other contract between Seller and Buyer. Until full payment for the goods and all such other money is made, Buyer shall hold the goods for the Seller as trustee and/or bailee for Seller but without power to sell or raise money on the security of the goods and Seller shall have the right to immediate repossession of the goods and for the purpose of such repossession to enter wherever they may be.
11 PERSONAL PROPERTY SECURITIES ACT 1999
By signing this application, The Buyer agrees that these Conditions of Sale constitute a security agreement for the purpose of Section 36 of the Personal Properties Securities Act 1999 (“PPSA”) and that a security interest is taken in the goods, all goods previously supplied by Seller to Buyer (if any) and all goods that will be supplied in the future by Seller to Buyer. Buyer shall:
11.1 sign any further documentation and/or provide any further information, which information shall be complete and accurate in all respects, that Seller may reasonably require to register a financing statement or financing change statement on the Personal Properties Securities Register;
11.2 indemnify, and upon demand reimburse, Seller for all expenses incurred in registering a financing statement or financing change statement on the Personal Properties Securities Register or releasing any goods charged thereby;
11.3 not register a financing change statement (in accordance with Regulation 9, Personal Properties Securities Regulations) or a change demand (in accordance with Regulation 10, Personal Properties Securities Regulations) without the prior written consent of Seller;
11.4 give Seller not less than 14 days prior written notice of any proposed change in Buyer’s name and/or other change in Buyer’s details (including, but not limited to, changes in Buyer’s address, facsimile number or business practice);
11.5 immediately advise seller of any material change in buyer’s business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales.
Unless otherwise agreed to in writing by Seller, Buyer waives its right to receive a verification statement in accordance with Section 148 of the PPSA.
12 RIGHT TO CANCEL:
Prometal Industries Ltd reserve the right to cancel this and every or any contract made with you in the event, or our belief the event may arise, of your death, incapacity, insolvency/bankruptcy, liquidation, dissolution, modification of partnership, suspension of payment of debts, or failure to make payment on due date without affecting our right to recover any loss directly or indirectly sustained.