Standard Terms and Conditions of Sale

Standard Terms and Conditions of Sale

1 DEFINITIONS

1.1 "Customer" means the person, firm or corporation to which George Fischer Pty Ltd supplies goods upon request.

1.2 "Goods" means the articles, goods, merchandise and/or materials or services supplied by George Fischer Pty Ltd to the Customer.

1.3 "GF" means George Fischer Pty Limited (A.B.N. 37 001 686 399).

2 INCORPORATION OF TERMS

2.1 All quotations or submissions given and orders accepted for goods by GF are given or accepted subject to these terms and conditions.

2.2 There shall be no variation to these Terms and Conditions unless specifically agreed to in writing by GF.

2.3 Sales of Goods by GF are made on the specific condition that the customer is aware of the Terms and Conditions of Sale. The conditions of sale are printed on the reverse side of all GF purchase orders.

2.4 Any terms or conditions included in the Customer's order are expressly excluded in favour of these Terms and Conditions of Sale.

2.5 For goods sold outside of Australia, the terms and conditions of sale are excluded from the Vienna Convention for the International Sale of Goods.

3 PRICES

3.1 Prices for Goods quoted in published price lists or by representatives of GF are subject to change without notice and are not binding on GF. GF reserves the right to increase prices to take account of cost escalation between the time of order and delivery. All Goods are sold at the applicable ruling price at the date of dispatch but where the price of Goods increases between the time of order and time of delivery the Customer shall be entitled to cancel the order upon returning the Goods to GF in an undamaged condition.

3.2 Freight charges will be applied unless otherwise agreed in writing. Delivery surcharges will apply in the following situations:

a) Same day, courier or express delivery

b) Special conditions specified by the Customer

c) Loading or unloading times at the Customer’s designated site exceeding the allowed one hour period for a full truckload.

d) The cost of additional equipment required for the purpose of loading or unloading at the Customer’s designated site.

3.3 Prices quoted or published on official price lists do not include sales tax, a goods and services tax or other imposts. (Refer Clause 5. IMPOSTS).

3.4 Prices are subject to Customer's order being for the whole quantity mentioned in the quotation unless otherwise negotiated.

3.5 Where goods are imported, prices are based on existing rates of freight, exchange, insurance, customs and other duties. Any increase in such rates between time of quotation and time of payment will be to the Customer's account.

4 IMPOSTS (Taxes)

4.1 IMPOST means any royalty, tax (including sales tax or a goods and services tax), duty, excise, levy, fee, rate or charge imposed by any governmental, semigovernmental or other body authorised by law which is imposed on or in respect of or in relation to:

  • The provision, sale, purchase, acquisition, rental or supply of pipe, tubing, pipe fittings, equipment or other goods; or
  • The provision, supply or performance of any services, or any other thing done or performed by GF.

4.2 Prices charged will be increased by the amount of any impost. In relation to a goods and services tax (GST), any amounts stated in price lists, quotations or other correspondence, or charged will be increased by such amount as is necessary to ensure that the amount stated or charged net of GST is the same as it would have been prior to the imposition of a GST.

4.3 It is the Customer's responsibility to ensure that where a sales tax or other impost exemption is claimed, such claim is supported IN WRITING by the quotation of a taxexemption number or notice of exemption in the prescribed format.

4.4 Should doubt exist as to the validity of a claimed exemption, GF reserves the right to charge the tax or levy.

5 PAYMENT TERMS

5.1 Unless otherwise agreed, all sums owing to GF are due for payment in Australian dollars within thirty (30) days from invoice date and the Customer will have no right of set-off in respect of any claim against GF.

5.2 GF reserves the right to apply a daily account charge of 2% per annum above the Westpac Banking Corporation Base rate (as at the due date) from the due date for payment until actual date of payment to all balances not paid within the required thirty (30) days. No settlement discounts are offered or allowed unless specifically confirmed in writing.

5.3 All legal and other costs incurred by GF due to non-payment by the Customer, including fees paid to third parties employed by GF to pursue the debt, shall be for the Customer’s account.

5.4 GF shall be entitled before delivery or continuing delivery, to stipulate that sufficient security for the fulfilment of the payment obligations is provided or payment is made in advance by the Customer.

5.5 GF reserves the right to immediately cancel any order or suspend any delivery without incurring any liability to the Customer if the Customer is overdue with any payment, enters into bankruptcy, a composition with its creditors, an administrator, liquidator or provisional liquidator is appointed in respect with the customer.

5.6 GF reserves the right to suspend any delivery without incurring any liability to the Customer upon becoming aware of any factors which in the opinion of GF affect the Customer’s financial solvency. Resumption of deliveries will depend on the Customer being able to satisfy GF that it has the capacity to pay its debts as they fall due.

6 PERSONAL PROPERTY SECURITIES ACT 2008

6.1 The Customer acknowledges that these Terms & Conditions create a security interest under the Personal Property Securities Act 2009 (PPSA) in favour of the Company in all goods supplied by the Company to the Customer (and all goods previously supplied by the Company to the Customer), and for avoidance of doubt, the proceeds of sale of those goods.

6.2 The Customer consents to the Company effecting a registration on the PPSA register (in any manner the Company considers appropriate) in relation to any security interest contemplated by these Terms & Conditions (including but not limited to an interest under relation to retention of title provisions of these Terms & Conditions) and further agrees;

  1. to do all things necessary and required by the Company to make sure that the security interest is a perfected “Purchase money security interest” under the PPSA and
  2. not to allow any third party to acquire a security interest in the goods.

6.3 To the extent that the goods are for the customer ‘s business use, the Customer agrees to the extent permitted under the PPSA, that the Customer has no right;

  1. to receive notice of removal of an accession under the PPSA;
  2. under Chapter 4 of the PPSA: or
  3. under the PPSA to receive a copy of any verification statement of financial change statement under the PPSA.

6.4 Without in any way limiting subclause © above, the customer agrees that to the extent permitted under the PPSA, the customer hereby waives its rights under section 95, 96, 117, 118, 120, 121(4),  123, 125, 126, 128, 129, 130, 132, 134, 135, 142 and 143 of the PPSA.

6.5 Unless otherwise agreed to in writing by the Company, the customer waives its right to receive a verification statement in accordance with section 157 of the PPSA.

6.6 The customer hereby waives its rights to receive notices under sections 95,118,121(4), 130,132(3)(D) AND 132(4) of the PPSA.

6.7 The customer must not assign or grant security interest in respect of any accounts owed to it in relation to the goods without the Company’s prior written consent.

6.8 Without limiting any other provision of these Terms & Conditions, if the Customer makes a payment to the Company at any time whether in connection with the supply of goods or otherwise, the Company may, at its absolute discretion, apply that payment to first satisfy obligations that are not secured, then obligations that are secured, then obligations that are secured, but not by a purchase money security interest, in the order in which those obligations were incurred, and then obligations that are secured by a purchase money security interest in the order in which those obligations were incurred.

6.9 Everything the Customer is required to do under this clause is at the Customer’s expense. The Customer agrees to pay or reimburse the Company’s costs and expenses in connection with anything the Company does under this clause.

7 AVAILABILITY AND DELIVERY

7.1 The Customer shall place orders for Goods in multiples of standard lengths or quantities. Whilst every reasonable endeavour will be made to deliver the quantity ordered, GF reserves the right to deliver within a + or - 5% margin of the ordered quantity. Unless otherwise agreed delivery of ex-stock items will not be effected within forty-eight (48) hours from receipt of order. GF does not guarantee ex-stock availability of Goods and orders are accepted subject to the prior sale of the required Goods. GF shall not be liable for any loss or damage arising as a result of non-availability of Goods.

7.2 Depending upon availability, GF will use its reasonable endeavours to meet a Customer's requested delivery date. However, GF shall not be liable to the Customer for any loss or damage (including consequential loss) caused by any delay or failure to deliver any Goods due to any cause or circumstances beyond its reasonable control. In the event of any delay in delivery as aforesaid, the delivery date may be deferred for a period at least equal to the time lost by reason of the intervening cause or circumstance.

7.3 It is the Customer’s responsibility to ensure adequate equipment is on hand to unload the transport vehicle in a safe and efficient manner. If, in the opinion of the transport driver, conditions are not adequate to ensure the safety of all concerned in the unloading operation, the Goods will be returned to GF at the Customer’s expense.

8 FORCE MAJEURE

8.1 GF will use its reasonable endeavours to fulfil any contract based on quotations given, but the due performance is subject to variation or cancellation owing to Acts of God; War; Strikes; Lockouts; Fire; Flood; Drought or any other cause beyond the control of GF.

9 CLAIMS

9.1 It is the Customer's responsibility to inspect all Goods promptly upon delivery. GF shall not be liable for short delivery; delivery of incorrect Goods; damaged Goods or non-delivery of Goods unless the Customer submits a written claim to GF within seven (7) working days of the delivery to which the claim relates.

9.2 Where Goods are delivered by Carriers appointed by GF, the Customer must also notify the Carrier in accordance with the Carrier's conditions of carriage.

9.3 GF shall not recognise claims for incorrect application or use of the Goods. The responsibility to verify that the Goods have or will be used in the correct application rests with the Customer.

10 CANCELLATION AND RETURNS

10.1 Goods may not be returned more than one (1) month after the date of the applicable invoice.

10.2 The Customer may return for credit (against subsequent orders) Goods of current standing provided the following conditions are met:

a) GF's written approval has first been obtained and the original invoice number and date have been quoted for reference.

b) the Goods are returned in original condition.

c) the Customer agrees to pay, if required by GF, a retesting and/or handling charge which shall be charged to the Customer's account at a rate of no less than thirty per cent (30%) of the original price for the Goods.

10.3 The following Goods will not be accepted for return:

a) Special equipment including butt welders and electro-fusion machines

b) Nylon and polyethylene gas pipe and fittings

c) Special purpose and fabricated fittings

d) Surplus pipe on GF drums

e) Specialised pipe & fittings manufactured or bought-in to satisfy a Customers requirements

f) Other items which are not part of the GF standard inventory range

10.4 The Customer shall not be relieved of any obligation to accept or pay for the goods by reason of any delay or cancellation of the goods in transit.

11 GUARANTEE BY CUSTOMER

11.1 The Customer in ordering specific Goods from GF guarantees that in manufacturing such goods GF will not be liable for any infringement of letters of patent, trade marks, registered designs, copyright or other registered or unregistered intellectual property.

12 WARRANTY

12.1 The liability of GF is limited in all circumstances to:

(a) in the case of goods proved under proper care and use to be of faulty manufacture, any one of the following:

  1. the replacement of the goods or supply of equivalent goods;
  2. the repair of the goods;
  3. the payment of the cost of replacing the goods or of acquiring
    equivalent goods;
  4. the payment of the cost of having the goods repaired; 

(b) in the case of services;

  1. the supplying of the services again; or
  2. the payment of the cost of having the services supplied
    again.

12.2 To the extent permitted by law, GF is not bound by any other warranty (express or implied), clause or statement whatsoever by whomsoever made unless the same is set out herein. All liability in contract, tort or arising under any legislation or otherwise or any consequential loss, injury damage or expense whatsoever is expressly excluded to the full extent possible.

12.3 Unless full specifications and application details are made available to GF, the Customer acknowledges and agrees that GF does not warrant that the Goods supplied against the Customer’s written or verbal order will be fit for the purpose for which they are used. It is the Customer’s responsibility at all times to seek expert advice to ensure the goods selected are fit for purpose.

12.4 GF warrants that Goods manufactured by it and branded with the applicable Australian or international quality standard to which they were produced will conform with those standards.

12.5 GF manufactured Goods that are not branded with an Australian or international quality standard are not warranted unless specified in writing to the Customer.

13 JURISDICTION

13.1 This agreement shall be governed by the laws of the State of New South Wales.

13.2 At its request, George Fischer shall be given the opportunity to inspect the defect and / or damage, prior to commencement of remedial work, either itself or by third party experts.

 

01/2015

Your contact

George Fischer Pty Ltd
Unit 1, 100 Belmore Road North
NSW 2210 Riverwood
Australia

australia dot ps #at# georgfischer dot com

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