Terms & Conditions

Posted:  31-12-2013
Written by:  James

TERMS AND CONDITIONS OF TRADING


Brentwood Trailers Australia Pty Ltd also trading as M&S Truck Bodies
ABN 76 003 765 839


1.a).Payment Terms: Strictly net against invoice unless extended payment terms have been agreed at the time of quotation.
1.b).Payment may be made by Direct bank deposit to our bankers, Commercial cheque and/or Bankers cheque in
favour of the Seller. Payment may also be made by credit card such transaction shall be bound by the following .For
transaction amounts up to and including $4,999.99 these transaction shall be surcharge free. For transaction amounts of
$5,000.00 and above a surcharge of a minimum of 2% shall be applicable. It should be noted that the Seller reserves the
right to increase or decrease the surcharge percentage for credit card transactions in line with market forces.
1.c).In the event that a cheque, Credit Card or funds transfer are dishonoured then the Seller r reserves the right to debit
the Buyer with a handling fee of 10% of the total transaction or $50.00 which ever is greater, plus all financial
institution fees and charges rendered upon The Seller as a result of the dishonoured transaction.
1.d).Title of Goods: Title of goods does not pass until payment is received in full by the Seller, and as such the Seller
reserves its right to register its financial interest with the PPS (Personal Property Security) Register.


2 Should there be any default in our payment terms, all monies owing by Buyer to the Seller shall become immediately
due and payable and a Credit Bureau Default may be lodged without further notice.


3 The Seller reserves the right at its discretion to charge interest at ruling (New South Wales) court rates calculated daily
from the date of invoice on all overdue accounts exceeding 60 days after the date of invoice. Where GST is payable on
any invoice, 2% per month is payable on the GST portion unpaid after the due date for payment. For the purpose of
calculating the penalty interest for non- payment of GST the due date for payment shall be deemed to be seven (7) days
from the date of invoice.


4 The Seller reserves the right to recover from the Buyer all expenses, costs and/or disbursements incurred in recovering
any outstanding monies including all search fees debt collection and/or solicitors fees plus all legal costs.


5 The Seller reserves the right to withhold the supply of goods, services and ongoing support at any time without notice
to Buyer.


6 The Buyer will notify the Seller of all material changes in name and/or financial status, which may result in the need to
complete an additional application for Commercial Credit.


7 Should this application be successful a fixed credit limit will be determined by the Seller. In the event that the account
exceeds this limit, the Seller reserves the right to withhold the supply of goods, services and ongoing support without
notice.


8 If Buyer is a Trustee, the Directors warrant that they have the authority and power to enter into this agreement and
personally guarantee the performance of all of the trusts obligations under this agreement.


9 Deposit – Where a deposit has been paid and the Buyer cancels the order, the Seller reserves the right to retain part or
all the deposit to compensate the Seller for materials and services in conjunction with the said cancelled order.


10 The Buyer acknowledges that the Seller is entitled to presume that any person forwarding instructions from the Buyer’s
office purporting to have the authority to bind the Buyer to a contract for the supply and delivery of goods and/or
services from the Seller has the authority they claim not withstanding the names and signatures of authorized personnel
listed on any credit application forward by the Buyer top the Seller.


11 These Terms and Conditions of Contract and Trade are additional to and together with any other Terms communicated
in respect of the sales of goods and services, and where they are in conflict, the latest published Terms and Conditions
shall prevail, as shall be the case where Special Terms and Conditions are negotiated at the time of quotation and are
acknowledged by both the Seller and the Buyer in writing that the said Special Terms and Conditions shall prevail.


12a).Prices and other charges and discounts offered are subject to alteration without notice, should an order be received
by the Seller requesting supply on non-current pricing terms, The Seller has the right to amend the prices, charges and
discounts to reflect prevailing pricing terms.
12b) unless otherwise stated all prices are ex the Seller’s factory. Freight and insurance are at the buyers care.


13 These Terms and Conditions of Contract and Trade shall be binding upon Buyer its successors, executors, receiver
managers/administrators and permitted assigns and shall inure to the benefit of the Seller its successors and assigns.


14 Where applicable, GST is payable on all goods and services supplied by the Seller. Where any deposit or prepayment is
required to secure delivery or specific performance by the Seller GST is payable on the full invoice cost and payable
immediately in addition to the deposit or prepayment. Where GST is payable on any invoice and is not paid under
credit terms the penalty clauses as mentioned in Clause 3 above shall apply.


15 Special conditions covering specifications. The Seller is compliant with the regulations set down by the Roads and
Maritime Services of New South Wales for the manufacture, supply and or refurbishment of Truck bodies and trailers.
It is the buyers responsibility to advise the Seller at the time of first placing an enquiry for a quotation if the standards
set by Roads and Maritime Services of New South Wales are acceptable within the State or Territory that The Buyer is
domiciled or in the State or Territory were The Buyer intends the end product to be used.
15a). Where the regulations set down by Roads and Maritime Service of New South Wales do not comply and need to
be amended to comply with the regulation of the State or Territory of the Buyer. The Buyer must supply to the Seller
the relevant modifications that are required to comply with the regulations set down by the Buyer’s local authority.
15b). The Seller shall be held blameless for any errors in production that may occur where the fault is found to be that
the Buyer has supplied incorrect or insufficient technical or ordinary data for the production, modification,
refurbishment and/or manufacture to comply with the government regulations . In such cases the Seller reserve the right
to charge the Buyer a fee to recover the cost of materials labour and transportation incurred by the Seller as a result of
the Buyer forwarding to the Seller incorrect or insufficient technical or ordinary data for the production, modification,
refurbishment and/or manufacture to comply with the government regulations.


16a) Force Majeure; Neither party will be held responsible for any delay or failure in performance of any part of any
agreement between the Seller and the Buyer to the extent such delay or failure is caused by events beyond such party’s
reasonable control, such as fire, flood, explosion, war or the engagement of hostilities, strike, embargo, labour dispute,
government requirement, civil or military authority, and inability to secure materials or transportation facilities. Each
party will endeavour to give the other party reasonable notice of delay.
16b).The Seller reserves the right to substitute products of a like quality without redress should normal supplies be
unavailable at the time orders are received from the Buyer.


17a).Any specialised tooling and/or jigs required in order to produce the finished item for the Buyer by the Seller shall
remain the sole property of Seller and as such may be used by Seller to reproduce items of a like or similar product for
third party orders without any recourse by the Buyer.
17b).Acceptance by the Buyer of Seller’s quotation shall not be construed as being an implied or an express assignment
of licence of any of the Seller’s Intellectual Property such Intellectual Property remains the sole property of the Seller.


18 Warranty: The Seller is compliant with Australian Consumer Law.
Warranty Claims: The Seller makes no express warranties under this agreement except that the goods supplied are
covered by the manufacturer’s warranty, the Seller will pass on to the Buyer the benefit of the manufacturer’s warranty.
The Seller’s labour and/or manufacture shall carry a warranty period of twelve months from date of delivery to the
Buyer.


19a).All claims for goods and materials must be in writing and received within fourteen days of receipt of Goods
and/or Materials by the Buyer.
19b). Goods and/or Materials supplied by the Seller being produce in part or in total using a third party manufacturer
and/or supplier then the warranty of the third party shall prevail for the component or components produced by that
third party, however, for the portion of the component or components produced and supplied by the Seller such claims
must be received in writing within fourteen days from receipt of Goods and/or Materials by the Buyer.
19c) Freight charges shall be covered by the Buyer for goods forwarded to the Seller and/or the manufacturer. The
Seller shall cover freight cost for goods forwarded from the Seller’s factory to the Buyer for such warranty items. The
Buyer shall accept freight cost for warranty items returned from the manufacturer to the Buyer.
19d) Upon the issuance of a purchase order from the Buyer to the Seller written or verbal it shall be deemed that the Buyer
has accepted in full and without exception all clauses stated in the Terms and Condition of Contract and Trade of the
Seller. Also that by the issuance of their purchase order or verbal order instructions the Buyer has agreed to be bound
by the said Terms and Conditions of Contract and Trade of the Seller without exception.


20 The Seller or any of the Seller’s employees or third party agents acting on behalf of the Seller shall not be held liable
for the accuracy of data. It is agreed that such data accuracy is the sole responsibility of the buyer and/ or the Buyer’s
agent or any third party acting on behalf or under instruction of the Buyer for the issuance of data to the Seller or any of
the Seller’s employees or third party agents acting on behalf of the Seller


21 In the event of changes to the current government taxes, levies and charges that the Buyer is liable to pay to the Seller.
Then the Buyer agrees to pay to the Seller such new or increased taxes, levies and charges that are imposed by the
Commonwealth Government of Australia and/or any State or Territory Government within the Commonwealth of
Australia.


22 Any dispute or action in relation to these Terms and Conditions of Trading shall be subject to the absolute jurisdiction
of the laws of the State of New South Wales