TERMS & CONDITIONS of Supply
These are the Terms & Conditions upon which Joncor Pty Ltd trading as Badger Wire ABN 19 102 451 810 quotes and sells goods .
In these Terms & Conditions:
a) “ Buyer” means person or entity named on the sales Invoice or Quotation
b) “ Seller” means Joncor Pty Ltd trading as Badger Wire unless a third party agent is engaged by mutual consent.
c) “ Quotation” means the form of a quotation submitted by the Seller to the Buyer in which these Terms & Conditions are incorporated.
d) “ Sales or Tax Invoice” means the sales invoice issued by the Seller to the buyer in which these Terms & Conditions are incorporated.
2) Contract of Sale
The purchase order is a binding document between the seller and the Buyer and incorporates the Terms & Conditions as set out in this document.
3) Terms Of Payment
Payment in full in AUD dollars including GST, as applicable, for the amount shown on the Invoice supplied STRICTLY within the agreed trading terms.
Outstanding payments outside of the agreed trading terms will incur an interest rate equivalent to the CBA overdraft rate plus 1% per annum calculated on a daily basis.
4) Inspection and Acceptance
The Buyer shall inspect the goods upon receipt and shall within forty eight (48) hours of delivery give notice to the Seller of any matter by which the Buyer alleges the goods are not in accordance with the Buyer’s order. Failing such notice, the goods shall be deemed to have been delivered and accepted by the Buyer.
5) Purchase Order
The purchase order must be signed by an authorised signatory. The Buyers PO is a binding legal document authorising the Seller to supply.
The order and contract can only be varied or canceled up until the point prior to the receipt of raw materials by the Seller for the order and/or the commencement of manufacture of the goods, and is at the discretion of the Seller.
Once commencement of manufacture and/or receipt of raw materials is incurred by the seller then supply of the order is committed. The buyer is obligated to take receipt of the ordered goods and remit payment in full. Any acceptance of variations or cancellations is at the discretion of the Seller.
All returns must be approved by the Buyer prior to freighting.
Goods that meet the Buyers specified order and returned due to the Buyers own variations, can only be returned at the Sellers discretion and will incur a 10% charge of invoice value to cover handling and stocking.
7) Metal Pricing
Non Ferrous wire products are supplied from commodity metals (copper, aluminium, zinc etc.) traded daily on world markets. The Seller ensures all metal financial transactions are based upon the London Metal Exchange (LME) market rates using the LME Monthly average or M-1 rates in Australian Dollar (AUD) currency.
It is the policy of the Seller that once a firm purchase order is received by the Seller, the metal price component will be fixed and held for the delivery of that order.
Conversely, a firm booking from a Buyer means that the Buyer is obligated to purchase the metal at the agreed quoted price regardless of subsequent movements in market metal prices.
8) Quotation Validity
All quotations are made up of the Sellers conversion Premium and the base metal (LME derived ) price.
The “Premium “ component of the quoted price is valid for 14 days.
The “ Metal” component is valid for 3 working days due to the continual movement in world metal prices.
The buyer is requested to confirm ALL quotations at the day of order.
9) Passing Of Property and Risk
Goods supplied by the Seller to the Buyer shall be at the Buyers risk immediately upon delivery to the Buyer and/or into the custody of the buyer’s agent or freight handler. The Buyer shall thereafter insure the goods for any risks it deems appropriate .
Legal title to the supplied goods shall remain the property of the Seller until payment is received in full.
The Buyer irrevocably authorizes the Seller at any time to enter the premises upon which :
a) The Sellers good are stored to enable the Seller to inspect the goods and/or inspect the records of consumption,
b) If the Buyers breaches these T&C, then reclaim the goods with all costs of reclamation to the Buyer.
The Seller is not a consultant to the Buyer and apart from warranting the standard and quality of the goods to the ordered specification is not liable for any consequential loss arising out of the use of the product for any purpose.
The Seller is not liable for any damage or deterioration of the product after delivery to the Buyer, or if freighted by Buyer to the Buyers nominated freight agent.
The liability of breach of warranty is limited to :
a) Replacement or repair of the goods by the Seller, or
b) Refund the purchase price less the determined value of the defective goods.
11) Quality of Supplied Goods
The buyer and seller agree to the standard/quality for the product as follows;
a) The goods will comply with the stated standard as shown on the Buyers Purchase Order and shall where applicable conform to Australian Standards for manufacturing specifications.,
b) All material will be supplied from LME `A’ grade metals.
12) Supplied Quantities
The Sellers declared nett weights are conclusive.
Invoice values are payable on the Sellers declared nett weights.
All goods are supplied on a –3% / +5% allowable weight tolerance per each ordered item. The Seller reserves the right to submit any over/ under-supply outside of these tolerances to the Buyer for acceptance. The Buyer reserves the right to refuse this acceptance.
Orders for supply in length will be supplied on the Sellers declared length, however the invoice value will be based upon the governing nett weight.
Shall be either;
a) The Seller will pay for Free on Truck FOT at the customers kerb address as nominated on the order, or
b) The Buyer will arrange and pay for the goods to be collected from the Sellers store and take responsibility for the goods from that point on.
14) Default of Buyer
If these Terms & Conditions are not strictly observed by the Buyer, the Seller my in its absolute discretion, refuse to supply the buyer. The Seller will not be liable for any consequential loss or damage that may be sustained as a result.
The costs of collection of any outstanding moneys due and payable by the Buyer, including all fees incurred for legal action and/or debt collection agencies engaged by the Seller shall be payable by the Buyer.
15) Force Majeure
If in the performance of its obligations the Seller is prevented, restricted or affected by reason of Force Majeure including war, civil commotion, political disturbance, industrial actions, revolt, riot, legal sanctions, acts of God, raw material shortages and/or delays, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of the Seller, the Seller can elect to cancel or reasonably delay the supply of ordered goods.
16) Credit Reporting
Where goods are supplied to the Buyer on credit the buyer irrevocably authorizes the Seller, or its employees and agents to make such inquiries as it deems necessary to investigate the credit worthiness of the Buyer. This includes but is not limited to making inquiries to nominated trade references, the bankers of the Buyer or other credit providers or institutions who provide credit worthiness information. The Buyer hereby authorizes the information sources to disclose to the Seller such information concerning the Buyer which will allow the Seller to make a judgment as to the credit worthiness of the Buyer.
17) Governing Law
Any dispute in relation to this contract shall be subject to the jurisdiction of the Courts and Laws of the Sate of New South Wales.