Terms & Conditions of Sales
In consideration of BJ’s Sound & Lighting Ply Ltd, ABN 29 010 765 152 (the supplier) agreeing to supply goods and/or services to the Customer, the Customer agrees and accepts that these terms and conditions apply to all sale of goods and/or services by the supplier to the Customer, to the exclusion of any conditions of sale appearing: on any document of the Customer. The Customer further acknowledges that these Terms and Conditions of Sale constitute the entire agreement of the parties as to the supply of goods and/or services by the supplier, and may not be varied unless specified in writing by the supplier.
The Customer and/or Guarantor/s acknowledge that the supplier may lodge a caveat over any land that they own or may own, to secure payment of any monies now or in the future payable or which are owing to the supplier.
2.Ownership of Goods
(a) (i) Property in any goods delivered to the customer will not pass to the customer until the later of (a) payment in full for the goods; (b) payment in full of all monies owing or unpaid by the customer to the supplier. Including monies in respect of goods and or services previously or subsequently supplied to the customer by the supplier.
(ii) The customer shall store the goods in such a manner as to show clearly that they are the property of the supplier.
(iii) The customer shall keep the goods free from and will indemnify the supplier against any charge, lien or other claim thereon. The customer has no title or right to charge or encumber the goods before payment to the supplier under this clause.
(iv) If the customer fails to pay the purchase price or any other debts to the supplier when due or commits any act of bankruptcy; the supplier may, without notice and without prejudice to any of its rights and remedies, recover and/or resell the goods or any of them and may by its servants or agents enter upon the customers premises for that purpose.
(b) Goods delivered to the customer shall be at the customer’s risk on delivery to the customer.
(c) The supplier will be given full ownership of any new goods or objects formed if you transform our goods into other products or affix those goods to other objects.
(d) The Customer is not entitled to return the goods and refuse or delay payment on the grounds that the property in the goods has not yet passed.
3.Delivery and Returns
(a) The customer is solely responsible for acceptance of the orders and shall raise no claims for loss or damage to orders where same are, by arrangement, delivered to and left at unattended sites.
(b) Goods may be exchanged within fourteen (14) days of delivery and must be accompanied by the corresponding Invoice/Delivery Docket, Monies will not be refunded and an administration charge of 15% will apply. Non standard or special size goods cannot be exchanged.
Unless otherwise agreed in writing the price of the goods and or services, shall be that price charged by the supplier at the date of order, plus any transportation, freight, postage, packaging, handling, insurance and goods and services tax (“GST”) and any other expense plus any amount which the supplier is required to pay on account of sales or other taxes assessed in relation to the goods. GST where applicable, will be charged at the appropriate rate ruling at the date of invoice.
5.Terms of Payment
(a) Payment for material, goods and services pursuant to this agreement including GST is due on the last day of the month following The month in which the goods were delivered or services provided unless otherwise stated in writing by the supplier.
(b) After the due date of payment, the supplier may charge interest on outstanding amounts payable, calculated on a daily balance, at the reference rate of our nominated Banking Corporation + 1%.
(c) The customer agrees to pay and reimburse the supplier on demand for all legal costs, stamp duty or other costs or expenses suffered or incurred by the supplier in respect of the preparation of any agreements, personal guarantees, securities or other documentation required by the supplier to document or secure the provision of credit to the customer together with all collection and enforcement costs and expenses which the supplier may suffer or incur in connection with the sale of goods or supply of services or provisions of credit to the customer (without limitation) legal costs on a full Indemnity basis.
6.Changes in Ownership
In the event of the customer, being an individual or partnership, incorporates his/her business and the company continues to use the existing account, or the account is used by a company of which he/she is a director, he/she hereby agrees to personally guarantee all due debts. If -ownership of the Customer’s business changes, the customer will remain liable for all debt incurred on this account until such time as the supplier is notified in writing of such change.
7.Limitation of Liability
The Customer acknowledges that no warranty; condition, description or representation in relation to goods and/or services supplied is given by the supplier, expressly or implied. All warranties, terms and conditions in relation to the state, quality of fitness of the goods and/or services and of every other kind whether implied by use, statute or otherwise are hereby excluded. The supplier shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods and/or services arising out of the supplier’s negligence or in any way whatsoever. The supplier’s liability for a breach of a condition or warranty implied by Div. 2 of Pt V of the Trade Practices Act 1974 (other than s.69) is hereby limited to: –
(a) In the case of goods, any one or more of the following:-
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired; or
(b) In the case of services again:-
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again The supplier’s liability under s.74H of the Trade Practices Act 1974 is expressly limited to a liability to pay the customer an amount equal to: –
(a) the cost of replacing the goods; or the cost of obtaining equivalent goods; or
(b) The cost of having the goods repaired, whichever is the lowest amount.
8.Exercise of Legal Rights
The failure, delay, relaxation or indulgence on the part of the supplier in exercising any power or right conferred upon the supplier by these Terms and Conditions of Sale does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these Terms and Conditions of Sale.
These Terms and Conditions of Sale shall be construed in accordance with the law in force in Queensland, Australia and the parties agree to submit to the non-exclusive jurisdiction of the Courts of that state. It shall be competent for the supplier to issue proceedings in Brisbane, Queensland in a Court of competent jurisdiction.
Where these Terms and Conditions of Sale are qualified by any provision of law which applies and which cannot be excluded, where any such provision in these Terms and Conditions of Sale is deemed to be unlawful or unenforceable, such provision shall be severed from these Terms and Conditions of Sale and all other provisions hereof shall remain in force to the fullest extent permitted by law.