TERMS AND CONDITIONS OF SALE
Any product sold by 3Two1 Import (Company) is subject to the following Terms and Conditions of Sale (Terms)
- These Terms form part of every sale of any goods sold by the Company (Goods) and by accepting delivery of any Goods, the buyer of the Goods (Customer) acknowledges that the Goods purchased are subject to these Terms.
- These Terms must be read in conjunction with and form an essential part of the agreement between the Company and the Customer relating to the Goods.
- Stipulations as to time for payment for the Goods are of the essence of the contract.
- Payment for the Goods must be made by the Customer no later than thirty (30) days from the purchase date of the Goods, unless otherwise agreed in writing by the Company.
- If payment is not made by the Customer by the due date in accordance with clause 4 then the Customer must, unless extended credit terms are negotiated with the Company, pay to the Company interest on the purchase price computed from the due date until payment is made at a rate of interest equivalent to two percent per month. If the arrangements provided under this clause would otherwise constitute a credit contract as defined in the Consumer Credit Code the provision of credit by the Company is limited to a total period not exceeding 62 days. Nothing in this clause imposes an obligation on the Company to extend credit to the Customer for any period or at all.
- Despite any other provision of these Terms, risk in the Goods passes to the Customer when the Goods are delivered to the Customer’s usual place of business or at such other address advised by the Customer to the Company. The Company will make all reasonable efforts to have the Goods delivered to the Customer on the date agreed but the Company is under no liability if delivery is not made on this date.
- (a) Despite risk in the Goods passing to the Customer as provided in clause 6, title and property in the Goods passes to the Customer when full payment for the Goods (including any additional amounts payable by the Customer to the Company as provided in these Terms) or by any other contract between the Company and the Customer is received by the Company.
(b) Until title to the Goods passes, the Customer is a bailee of the Goods on behalf of the Company and unless otherwise agreed by the Company in writing the Customer must separately store the Goods so that they are clearly identified as the property of the Company.
(c) If payment is not made for the Goods in accordance with these Terms and for any other amount owing by the Customer to the Company, the Company's employees or agents can enter any premises where the Goods (or any other goods supplied by the Company to the Customer) are situated and retake possession and dispose of the Goods and the Customer must not refrain the Company of such entry or disposal.
(d) The Customer grants the Company, its employees and agents an irrevocable licence to enter premises occupied by the Customer for the purpose of exercising the Company’s rights specified in clause 7(c). The Company may use reasonable force to take possession of the Goods (or any other goods supplied by the Company to the Customer) without liability for trespass, negligence or payment of compensation to the Customer or any agent of the Customer.
Until the Customer pays the full price for the Goods to the Company the Customer may only sell the Goods in the ordinary course of business as agent for the Company.
If the Customer defaults in any payment or commits any act of bankruptcy or, being a company, enters into liquidation or provisional liquidation whether compulsory or voluntarily other than for the purpose of amalgamation or reconstruction or compounds with its creditors generally or has a receiver or receiver and manager or administrator appointed over all or part of its assets, suffers any similar action in consequence of debt or becomes unable to pay its debts as they fall due, or passes a resolution for winding-up other than for the purpose of reconstruction or a petition is presented for its winding-up or bankruptcy, the Company may without prejudice to its own rights either suspend further deliveries of the Goods, retake possession and dispose of the Goods pursuant to clause 7 of these Terms, require payment in advance for all the Goods or terminate any contract by notice to the Customer.
These Terms apply despite any arrangements under which the Company provides credit to the Customer. These Terms will prevail in case of inconsistency.
The liability of the Company to the Customer for breach of contract, negligence or otherwise in respect of the Goods or supply of the Goods is limited to the replacement of the Goods or the supply of equivalent Goods or the repayment of the purchase price for the Goods being at the absolute discretion of the Company. In any event, the Company is not liable for consequential loss or damages however arising.
The Company and the Customer agree that the law governing their relationship and these Terms is that of the State of Western Australia and that any proceedings with respect to any dispute arising out of these Terms or the Goods in general must be commenced in the Western Australian appropriate jurisdiction.
The Customer must inspect the Goods immediately upon delivery and no claims will be accepted unless made in writing and received by the Company within 7 days of delivery of the Goods or the supply of the services to the Customer.
The Company is not liable for any infringement or unauthorised use of any intellectual property right arising from performance of these Terms. If any dispute or claim arises in relation to any infringement or unauthorised use of intellectual property, the Company may terminate any contract it may have with the Customer by written notice to the Customer and without any liability by the Company to the Customer or any other person.
Except for the purposes specified in Clause 8 of these Terms, nothing in these Terms establishes an agency or partnership between the Company and the Customer.