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These are the entire Terms and Conditions of Sale of all products and merchandise (“the Products”) supplied by AUSTRALIS MUSIC GROUP PTY LTD (ABN 39 114 446 007) and its associated and subsidiary Companies (all of which are referred to as “the Supplier”) to any person, firm or company placing an order with the Supplier for the purchase of any products (“the Customer”). Except as otherwise expressly agreed upon in writing between a duly authorised officer of the Supplier and the Customer, these Terms and Conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by any Customer.
“Customer” means the person, business or company which is supplied goods by AUSTRALIS MUSIC GROUP PTY LTD. “Goods” means the materials or merchandise supplied by AUSTRALIS MUSIC GROUP PTY LTD. “Supplier” means AUSTRALIS MUSIC GROUP PTY LTD (ABN 39 114 446 007). “GST” means goods and services tax, currently 10%.
All orders placed with the Supplier shall only be accepted subject to these Terms and Conditions. The Supplier reserves the right to change prices without notice. Further, the Supplier may at any time, and from time to time alter these Terms and Conditions of Sale and such altered Terms and Conditions of Sale shall apply after notification by the Supplier to the Customer.
3.GOODS & SERVICE TAX (GST)
All prices shown in the Supplier’s price list, are exclusive of GST. All quotations submitted to customers by sales representatives of the Supplier are exclusive of GST.
4.TERMS OF PAYMENT
(a) Statements will be issued monthly and payment is due 30 days after statement. Failure to pay within terms will result in the withholding of supply and a service fee.
(b) Customers shall not be entitled to withhold payment of any account by reason of any account query, dispute or set off.
(c) No receipt for payment to any representative of the Supplier shall be effective to acknowledge payments to the Supplier unless given on the Supplier’s official printed form.
(d) The Supplier shall be entitled to charge a service fee of 0.06% per day on all overdue balances. AND the parties agree that such service fee is not a penalty but is a true measure of damages incurred by the Supplier.
Any date or time quoted for delivery is an estimate only and the Supplier shall endeavour to effect delivery at the time or times required by the Customer but failure to do so shall not confer any right of cancellation or refusal of delivery on the Customer or render the Supplier liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof. The Customer shall not be relieved of any obligation to accept or pay for products by reason of any delay in delivery or any strike, lockout, unavailability of materials, accidents to machinery, differences with workmen, breakdowns, shortages of supplies or labour, fires, floods, storm or tempest, transport delays, acts of God, restrictions or intervention imposed by any laws, regulations, governments or agencies thereof and any other cause beyond the control of the Supplier or any other cause
All areas – chargeable
Preferred carrier – collect
Messenger delivery – collect
Note: Due to the Supplier’s relationship with its carrier, it is able to reduce freight charges in all areas of New Zealand and pass benefits on to its Dealers.
A nominal charge based on the value of the shipment will be made to cover transit damage. Claims for such damage are to be made within 7 days of receipt of goods. Provided further that in the event that the Customer arranges a preferred carrier, or arranges his/her/its own insurance cover, then the Supplier shall not be liable for any transit damage.
8.RETURN OF GOODS
The Supplier may at its absolute discretion accept returned stock and provide a credit to the Customer, subject to the following:
(a) Faulty product: Claims will only be considered if lodged within 7 days of delivery;
(b) Transit damage claims will only be considered if lodged within 7 days of receipt of goods for dealers with the abovementioned insurance cover;
(c) Stock returned after 30 days will be subject to a discount of 10% of the purchase value; and
(d) Stock returned after 60 days will be subject to a discount of 20% of the purchase value.
Back orders will be supplied when stock becomes available, excepting where the Dealer specifies on order that back orders are not applicable. Prices shall be at prevailing prices at time of dispatch.
A nominal fee of $10.00 per order shall be charged by the Supplier to contribute to the high cost of packaging and handling all orders, but the Supplier shall waive this fee where the retail value of the order exceeds $100.00
11.PROPERTY & RISK
Notwithstanding delivery of the products, property in any given products shall remain with the Supplier until the Customer has paid and discharged any and all other indebtedness to the Supplier on any account whatsoever, including all applicable taxes, levies and duties. Any payment made by or on behalf of a Customer which is later avoided by the application of any Statutory Provision shall be deemed not to discharge the Customer’s indebtedness and, in such an event the parties are to be restored to rights which each respectively would have had if the payment had not been made. The risk in the products shall pass to the Customer upon delivery to the Customer or his agent or to a transport company nominated by the Customer. The Customer acknowledges that it is in possession of the products solely as a bailee for the Supplier until payment as defined in clause 5 has been made in full to the Supplier and until such payment:
The Customer shall be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery; and the Customer shall store the products separately from its own goods and those of any other party and in a manner which clearly identifies the products as the property of the Supplier.
The Customer shall maintain records of products owned by the Supplier identifying them as the Supplier’s property, of the persons to whom the products are sold or disposed to and of the payments made by such persons for such products. The Customer shall allow the Supplier to inspect these records and the products themselves on request.
The Customer hereby irrevocably grants to the Supplier, its agents and servants, an unrestricted right and licence, without notice to enter premises occupied by the Customer to identify and remove any of the products the property of the Supplier in accordance with the Terms and Conditions of Sale without in any way being liable to the Customer or any person claiming through the Customer. the Supplier shall have the right to sell or dispose of any such products removed or otherwise in its sole discretion and shall not be liable for any loss occasioned thereby.
The Customer shall be at liberty to agree to sell the products (independently or affixed to other materials) subject to the condition that until payment has been made in accordance with clause 5, the Customer shall sell as an agent and bailee for the Supplier and that the entire proceeds from the sale thereof shall be held in a separate account on trust for the Supplier.
The right to on-sell, deal or otherwise dispose of the goods in the normal course of trade may be revoked at any time by the Supplier and shall automatically cease if a Receiver is appointed over any of the assets on the undertaking of the Customer or if a winding up order is made against the Customer or if the Customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or administration or calls a meeting of, or makes any arrangement or composition with, creditors or commits any act of bankruptcy or where the Customer is in default of any of its obligations to the Supplier.
The Supplier shall not be liable for any failure or delay in supply or delivery the products where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of the Supplier including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.
If the Customer fails to comply with any of these Terms and Conditions or being a natural person or persons commits any act of bankruptcy, or being a corporation passes a resolution for winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or administration or enters into any composition or arrangement with creditors of if a receiver or manager is appointed for any property or assets of the Customer or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a liquidator or provisional liquidator is appointed, the Supplier may, in addition to exercising all or any of its rights against the Customer, suspend any further deliveries and immediately recover possession of any products not paid for in accordance with these Terms and Conditions.
The Customer agrees that these Terms and Conditions of Sale shall be construed according to the laws of the State or Territory as the Supplier may in its sole discretion determine. Proceedings may be instituted in such State or Territory as the Supplier may in its sole discretion determine. Failing such determination the Customer consents to any proceedings being instituted and heard by any appropriate Court sitting in the State of New South Wales applying the laws of the State of New South Wales.
15.SERVICE OF DOCUMENTS
The Customer agrees that service of any notices or Court documents may be effected by forwarding same by pre-paid post or facsimile to the last known address of the Customer.
16. STATEMENT OF DEBT
A certificate signed by a Director, Secretary, Financial Controller or Credit Manager of the Supplier shall be prima facie evidence of the amount of indebtedness of the Customer to the Supplier at that time. All expenses including any legal costs and disbursements on a solicitor client basis incurred by the Supplier shall be payable by the Customer.