1.1 All prices are net, inclusive of excise duty but exclusive of GST unless otherwise expressly stated. Every attempt will be made to supply goods at the price listed, however prices are subject to change without notice, and the price for any delivery shall be that ruling at the time of despatch.
1.2 The company specifically reserves the right to increase the price to recover any Government taxes and charges after the date of the customer’s order.
2.1 All goods are forwarded at “Limited Carriers Risk” within the terms of the “Carriage of Goods Act 1979”. No liability will be accepted for any shortages or breakages unless notified in writing to the company within 24 hours of delivery.
2.2 It is agreed that delivery is deemed to have occurred by the company issuing an invoice provided with the goods. No further proof of delivery can be raised by the customer, unless the company is notified in writing, forwarded to the company’s credit controller within two calendar months from the date of issue of the invoice.
3.1 Should payment not be made on the due date we may charge interest at the rate of 1.5% per month on any overdue amount on a compounding basis. This is without prejudice to our rights and remedies in respect of customer default in not making payment by due date. In charging interest the company does not agree to an extension of the due date for payment neither does the charging of interest constitute a forbearance to sue for or seek recovery of the overdue monies by any other legal process.
3.2 The customer agrees to pay the company the full amount of invoices without deduction whether by way of set-off, counterclaim or legal or other equitable claim whatsoever.
3.3 Any costs whatsoever incurred by the company in the recovery of the monies due and/or the goods shall be payable by the customer to the company including but not exclusive to all solicitor client costs and collection chargers incurred by the company.
3.4 The company hereby has the right to apply or appropriate any payment to any account of the customer. Should the customer have a number of accounts, then the company is given the right to combine any account and also set-off any amount between accounts.
4.1 Risk in the goods supplied by the company to the customer shall pass when the goods are delivered to the customer or his agent subject to clause 4.2 herein. The goods shall be held at the customer’s risk upon delivery, at which time insurance shall become the customer’s responsibility.
4.2 The property in the goods shall not pass to the customer until payment both in respect of the goods and all other debts and liabilities (together with “liabilities”) owed by the customer to the company at the date of delivery of the goods, has been received by the company. The company may appropriate all payments received from the customer in payment for such goods and liabilities as the company determines.
4.3 Until the Liabilities have been fully discharged in accordance with the clause 4.2 herein, the company shall have the right to search for and retake possession of any such goods or the proceeds of the sale thereof, and for this purpose may enter, without notice, any premises occupied by the customer or any other premises, acting as the customers agent. The customer hereby grants to the company a license to enter the customers premises or that of the customer’s agent for the purposes referred to herein. The company shall have the right to make an inventory in respect of such goods and the customer shall provide to the company any records to enable the company to effect a reconciliation of the goods still in the possession of the customer.
4.4 The security interest in the products created pursuant to clause 4.2 extends to the proceeds of any dealing with the products in accordance with the Personal Property Securities Act (“The PPSA”).
4.5 Notwithstanding the security interest in the goods created by the customer in favour of the company, the customer is authorised by the company, and undertakes that it will only sell the goods for full consideration in the ordinary course of it’s business.
4.6 Pursuant to s.109 of the PPSA, the compnay may take possession of and sell the goods are “at risk”. In accordance with the s.109 of the PPSA, goods “at risk” if the compnay has reasonable grounds to belive that the goods have been or will be destroyed, damaged, endangered, disassembled, removed concealed or otherwise disposed of in contrary to the provisions of these Terms and Conditions.
4.7 The company reserves the right to dispose of the goods in whatever manner it deems fit, failing payment in full for all the goods supplied to the customer being received in accordance with these terms. The company will not be liable for any damage, injury or loss sustained in respect of any recovery or resale of the goods including any sale at below market price.
4.8 (a) The customer acknowledges that the company will register (and as appropriate register a renewal of) the security interest
created by these Terms & Conditions in the Personal Property Securities Register established under the PPSA.
(b) To the fullest extent permitted by law the customer waives any rights it may have now or in the future to receive a copy of any verification statement or other confirmation related to these registration of the security interest as acknowledged in clause 4.8(a).
4.9 Upon the prospective insolvency or receivership of the customer, including but not exclusive to the customer ceasing or threatening to cease to carry on business or attempting to make any arrangement with creditors, or the issue of any section 289 Notice under the Company’s Act 1993, then the company shall immediately have all the rights and remedies referred to in these terms and in particular the terms referred to in clauses 4.3 and 4.7 herein.
4.10 The customer will keep the goods insured against fire, accident, theft and other risk as the Company may require in the names of the Company and the customer for their respective rights and interests and providing for payment of policy proceeds to the Company as unpaid or partly paid until such time as payment in full is made for the goods and title has passed to the customer.
5.1 The “Company” includes Glengarry Hancocks Limited or any entity selling the goods with its authority.
6.1 The “Customer” includes the purchaser or any person to whom the goods are invoiced and may include the entity or party who is the recipient of the goods including the purchaser’s agent or any person receiving or acknowledging receipt of the goods on its behalf.
7.1 I/we authorise irrevocably any person or company to provide you with such information as you may require in response to your credit enquiries. I/we further authorise you to furnish to any third party details of this application and any subsequent dealings that I/we may have with you are a result of this application being actioned by you.
8.1 The “Terms of Trade” included herein are irrevocable and no variation shall be recognised by or binding on us unless such variation be in writing and signed by the Financial Controller.
9.1 The customer and guarantors (if any) each authorise the company to collect, store and use any personal information relating to the Customer or guarantors for any purpose reasonably related to the processing of this application or subsquent operation of this agreement. The Customer and the guarantors (if any) each have the right of access to, may request correction of, personal information held by the company under this agreement.