Standard Terms and Conditions of Quotation and Sale
- These terms and conditions (T&C’s) apply to all products supplied by the Refire Group Pty Ltd t/as Refire Group and to all dealings between Refire Group (“Refire”) and a Customer to the exclusion of any other T&C’s.
- Refire is under no obligation to accept an order and makes no representations about its ability to fulfil any particular order. No contract for the supply of product will come into being until Refire accepts an order placed with it.
- Once an order is accepted by Refire an enforceable agreement for the supply of the product ordered will be in existence and the Customer will not be entitled to cancel the order.
- In the event Refire publishes list prices for products, Refire may from time to time change those prices.
- In the event Refire provides a quotation for the supply of product and the quotation does not have an expiry date noted then, such quotation will lapse if not accepted by the Customer within 30 days unless advised in writing.
- Unless otherwise stated in writing by Refire, prices quoted shall be exclusive of handling, delivery, agent charges, GST and other levies.
TERMS OF PAYMENT
- Invoice Payment Terms: 30 days End of Month (due at the end of the month following the month of the invoice)
- If payment is not made by the Customer when due, all monies for the supply of product (regardless the date of invoice) will become due and payable and interest will be payable on such monies, calculated daily at the rate of 2% per month until payment is made.
- In recognition of the fact that in its dealings with a Customer, Refire relies on payment being made in accordance with these T&C’s, in the event payment is not made in accordance with these T&C’s:
- Any discount from Refire’s standard list price which has been allowed to a Customer in unpaid invoices owing by the Customer will be reversed and the standard list price will be payable for all product supplied (in the event Refire issues an invoice for such additional amount);
- Any credit account will be placed on stop and Refire;
- will not accept any further orders from the Customer; and
- Refire will not be obliged to deliver any further product to the Customer (even if such product has been paid for).
- In addition to any other monies owing to Refire, the Customer must pay;
- any fee or commission payable to any mercantile agent or debt collector employed by Refire to recover any monies owing to it by the Customer; and
- any legal costs (on the indemnity basis) incurred by Refire in connection with any action (including but not limited to Court proceedings) taken by Refire to recover any monies owing to it from the Customer, regardless of whether a Court has made an order that such money must be paid.
- The Customer must not assert or exercise any right or alleged right of set off or make any counter claim in response to any action taken by Refire to recover monies owing to it.
SUPPLY AND DELIVERIES
- All product will be delivered ex works.
- Unless otherwise agreed the Customer will be responsible for the collection of all product ordered from the premises which Refire notifies the Customer the product is available from.
- In the event Refire agrees to deliver product, and without limiting in any way clause 5;
- All freight and other costs associated with delivery will be payable by the Customer;
- Refire will not be responsible in any way for any delay in the delivery of the product once the product is delivered ex works; and
- Refire will not be responsible for any damage to product which occurs in the course of or by virtue of delivery to the Customer;
- No supply of any product by Refire will be, or will be deemed to be, a sale by sample.
- Unless the Customer has specified that product must be available by a particular date, and Refire has unconditionally agreed in writing to ensure the product is available by that date, Refire does not promise to deliver product by any particular date and will not be responsible in any way for any loss caused by a delay in product being delivered.
WARRANTY AND LIABILITY
- When ordering products, it is the responsibility of the Customer to satisfy itself of the suitability of the product for the particular purpose that the Customer intends to use the product . Refire does not warrant or guarantee product is suitable for the Customer’s intended purpose and in deciding to accept an order for the purchase of product, Refire relies on the knowledge and experience of the Customer in deciding which product to order.
- Unless otherwise agreed in writing, Refire will not and does not give any advice or make any representation (other than as expressly provided for in these T&C’s and conditions) as to the suitability of any particular product for any particular use or purpose.
- Save for any warranty or guarantee provided in these T&C’s or imposed by the Competition and Consumer Act (2010), or any other Australian law, Refire makes and gives no guarantees or warranties with respect to any product sold by it.
- To the extent Refire has any liability to the Customer as a consequence of the supply of defective product, such liability is limited to the cost of (at Refire’s option) repairing or replacing any defective product. Refire will in no circumstances be liable for any loss or damage as a consequence of loss of revenue, profits, production, goodwill, business opportunity or any other consequential or indirect loss.
- Other than defective product, a Customer is not entitled to return product to Refire. If Refire, in its sole discretion decides to accept the return of product it may do so on such T&C’s as it sees fit, including on condition that the Customer pay such re-stocking charge as Refire determines is appropriate to cover Refire’s costs of dealing with the returned product.
- In recognition of the fact that defects may be capable of remedy if notification of the defect is made early and that Refire’s interest may be adversely affected if prompt notice is not given of the alleged defect, if the Customer believes any product supplied is defective it must return the product to Refire with a written notice specifying the nature of the alleged defect within 7 days of delivery to the Customer. In the event this procedure is not followed the product supplied will be deemed to be free of defects and fit for purpose.
- Refire has no liability to a Customer in the event:
- Product cannot be delivered due to any act or failure of the manufacturer of the product; and
- Any delay or loss caused by force majeure.
PASSING OF PROPERTY AND RISK
- Title to product supplied by Refire will not pass to the Customer for so long as the Customer owes any money to Refire. The Customer agrees that in order to perfect the security granted to Refire pursuant to this clause, Refire will cause its interest in the product supplied by it to be registered on the Personal Property Security Register (PPSR ) maintained in accordance with the provisions of the Personal Property Security Act (PPSA).
- In the event any payment is not made to Refire in accordance with these T&C’s Refire will be entitled to exercise all remedies available to it under the PPSA and to take such action as it may see fit to retake possession of all product supplied by it to the Customer (even if that product has been paid for). In recognition of this right the Customer grants Refire the right to enter any premises occupied by the Customer at which Refire reasonably believes its product may be stored or located for the purpose of taking possession of its product. The Customer must in addition to any other monies due, pay Refire’s costs of collection or attempted collection of Refire’s product.
- The Customer waives its right to receive a copy of the verification statement confirming registration of Refire’s security interest on the PPSR. For the purposes of sections 115(1) and 115(7) of the PPSA, the parties agree that the following provisions of the PPSA will not apply, and hereby contract out of the application of those provisions:
Sections: 95; 96; 125; 130, to the extent specified in section 115(1)(I); 132(3)(d); 134(4); 135; 142(3); and 143.
- In the event any provision of this agreement conflicts with any provision of the PPSA other than those set out in clause 24, and the conflicting provision of the PPSA is less favourable to Refire or confers a lesser benefit on Refire than the provision of these T&C’s, and it is permissible for the parties to contact out of the conflicting provision of the PPSA, then that provision of the PPSA is excluded and shall not apply.