MYOB Invoice terms and conditions
CONDITIONS OF SALE - addendum to invoice generated by MYOB
1. PRICE a. Prices are based on current ruling costs of labour and overhead goods, materials, freight, insurance, foreign exchange, customs duty and landing charges and on latest quotations from sub-contractors, manufacturers and suppliers. b. All prices quoted unless otherwise specified are ex INTERQUARTZ (A’Asia) Pty Ltd warehouse with payment to be made within 30 days from the date of invoice. c. Goods described in the seller’s catalogue or elsewhere are subject to a continuing process of technical change and development and it is therefore understood and agreed by the buyer that goods supplied may not comply in all respects with the technical specifications described in the seller’s catalogue or elsewhere. d. If at any time any plant or goods cease to be available on existing terms or by reason of strike or industrial action or damage to our plant from any cause it becomes impossible to make delivery in accordance with the contract, we shall be entitled to determine the contract and the buyer shall not in any consequence have any claim for damages. All items quoted ex stock are subject to prior sale.
2. VALIDITY a. No condition or stipulation attached to the acceptance shall form part of the contract. The quotation is open for acceptance for the period stated and if no period is stated then for a period of 30 days from the date of the quotation unless withdrawn in writing. b. Returns for credit will only be considered if goods are returned within seven days of receiving same and must be accompanied by documentation regarding relevant invoice numbers and reason for return etc. Freight to be paid by Customer.
a. No warranty condition description or representation concerning the goods is given or implied or has been or is implied from anything said or written in the negotiations prior to acceptance and any statutory or other warranty condition description representation or undertaking express or implied as to state quality or fitness is expressly included except those specifically set out as part of this contract.
b. We undertake to remedy with reasonable despatch any original defects arising from faulty workmanship or which are notified to us in writing forthwith upon discovery provided the defective item is returned to our warehouse freight paid or in the case of the item not being returnable then provided the expense of travelling, transport, plant hire and accommodation are to the buyer’s account. No responsibility will be accepted for any defect unless the written complaint is first received by us and we have been given the first priority and ample opportunity to rectify the defect.
c. Any goods supplied or work done in remedying such defects shall not extend our liability beyond the time stipulated in clause 3(b) above and at the expiration of such time all further liability on our part shall cease.
d. In case of materials, parts or components not manufactured by us the buyer shall be entitled to the benefit in so far as it can be transmitted of any warranties given by the manufacturer in respect thereof and our liability in respect of such goods is limited to making the benefit of the manufacturers warranty available as aforesaid.
e. Liability pursuant to clause 3(b) is limited to the actual cost of replacing defective goods and the defective items replace shall become our property. f. Liability for consequential damage or loss arising from defects, faulty materials or design, omissions or negligence of workmanship in any goods supplied by us is hereby expressly excluded.
4. CUSTOMER’S PROPERTY
Customer’s property supplied to us shall be wholly at the risk of the customer.
5. GENERAL LIEN In addition to any right of lien to which we may be entitled to a general lien on all goods of the buyer in our possession (although such goods or some of them may have been paid for) for the unpaid price of any other goods sold and delivered to the buyer by us under this or any other contract.
6. CANCELLATION No cancellation of any order or part thereof shall be effective until accepted by us in writing in the event of cancellations being accepted by the customer will as a term of such acceptance pay us in full for any charges resulting from design procurement of materials, work or services actually carried out.
7. CONTRACT TIME The times or dates for delivery or completion of a contract or any part thereof are business estimates only and no warranty is given in respect of them. We will endeavour to deliver or perform our obligations by the time or date given but we will not accept cancellation on the grounds of delay or be liable for any loss, injury or damages direct or indirect claimed to have arisen therefrom.
8. CLAIMS a. Any claims concerning discrepancies in goods supplied must be made in writing within seven days of receipt of goods. If no claim is so made the goods shall be deemed to be in all respects in accordance with the contract and the buyer shall be bound to accept and pay for the same accordingly. b. The seller will replace goods which fail to arrive or which arrive in a damaged condition. However in order to comply with the terms of the seller’s own insurance policy notification of loss or damage to the goods in transit must be made to the seller in writing within 7 days of the date despatch failing which no claim in respect of such loss or damage will be entertained by the seller.
9. OWNERSHIP Ownership of the goods is retained by INTERQUARTZ (A’Asia) Pty Ltd until payment is made for the goods and for all other goods supplied by the said Company to the customer. If such goods are sold by the customer prior to payment therefore and if they shall become constituents of other goods then the proceeds of sale therefore shall be the property of INTERQUARTZ (A’Asia) Pty Ltd
10. INTERPRETATION AND ARBITRATION The contract shall in all respects be construed according to the laws of Australia. If any dispute or difference shall arise touching the meaning or interpretation of any clause or provision, forming part of the contract or touching the rights or obligations of either party or in any way relating to the subject matter or such a contract or claims arising thereover, the same shall be referred to arbitration.