1. Robert Kitto Pty Ltd ** TRADING TERMS **
    1. Definitions

    In these terms Company refers to Robert Kitto Pty Ltd. and the ‘Customer’ as the Company or other persons receiving goods or services from Robert Kitto Pty. Ltd.

    1. Application of Terms                        

    These terms govern the supply of goods and services by Robert Kitto Pty. Ltd. to the Customer. They supersede all prior representations and agreements and override any inconsistent terms, unless agreed in writing by Robert Kitto Pty. Ltd.

    1. Delivery and Transportation

    Robert Kitto Pty. Ltd. will use its best efforts to supply goods or services by dates identified in accepted orders but does not represent or warrant that it will do so. Robert Kitto Pty. Ltd. will arrange transportation of goods to the Customer at the Customers cost, unless agreed otherwise.

    1. Return and Credits

    No returns will be accepted unless the Company has previously agreed in writing. If the Company agrees to the return of goods, they must be delivered free to the Company’s premises unless otherwise agreed by the Company.

    1. Dispatch Errors, Shortages and Breakage

    Dispatch errors, shortages and breakages will not be recognised unless reported in writing within 48 hours of receipt of goods.

    1. Orders

    Orders must be confirmed in writing either by fax or e-mail – despatch errors will not be recognised for verbal orders

    1. Payment

    The Customer must pay the amount invoiced including any G.S.T, within 30 days of the date of invoice. The Customer must pay interest on overdue amounts calculated daily at an annual rate being the National Australia Bank indicator lending rate plus 3% from the due until the date of payment.

    1. Title

    Title in goods passes to the Customer on payment in full for goods. Until full payment, Customer holds the goods as bailee for Robert Kitto Pty. Ltd. The Customer owes fiduciary obligations to Robert Kitto Pty. Ltd. in respect of goods until full payment is received. At any time before full payment is received, Robert Kitto Pty. Ltd. may enter the premises of the Customer and take possession of the goods. The Customer must pay to Robert Kitto Pty. Ltd. the proceeds of sale of any goods for which Robert Kitto Pty. Ltd. has not received payment, and the Customer holds those proceeds on trust for Robert Kitto Pty Ltd. until paid to Robert Kitto Pty. Ltd.

    1. Warranty and Liability

    No warrant is given in respect of the supply or state, quality, condition or purpose of the use of any goods. The Company shall have no liability (including liability in negligence) to any person for failure to supply or loss or damage consequential or otherwise suffered or incurred by any person in relation directly or indirectly form any defect, deficiency, failure or breakdown of any kind of the goods. All warranties and conditions except those applied by Statute, are expressly negatived and excluded. Credits allowed by a manufacturer will be passed on to the Customer.

    1. Force Majeure

    Robert Kitto Pty Ltd’s obligation to perform in accordance with these terms will be suspended for the duration of any delay arising out of anything outside Robert Kitto Pty. Ltd’s control including but not limited to fire, storm, flood, earthquake, accident, way, materials or labour shortage, failure or delay in transportation and the act of omission of any government or government agency.

    1. Customer Default

    In the event that :

    1. The Customer fails to pay when due any amount owing to Robert Kitto Pty. Ltd. or breaches any other provision of these terms;
    2. Any step is taken to enter into any arrangement between the Customer and its Creditors;
    3. The Customer ceases to be able to pay its debts as they become due or to carry on business;-

    Then Robert Kitto Pty. Ltd. may do any or all of the following (in addition to any other rights Robert Kitto Pty. Ltd. may have);

    1. Require the Customer to pay immediately all amounts invoiced or unpaid or to pay in advance of or on delivery;
    2. Suspend or cease supplying goods and services to the Customer (whether or not the Customer has ordered goods or services that have not yet been supplied) : and
    3. Enter the customers premises and take possession of goods for which payment has not been made.
    4. Cancellation of Order

    Any order placed with us may only be cancelled by the Customer after written consent signed by one of our Directors.

    1. Governing Law

    These terms and all supply of goods and services by Robert Kitto Pty. Ltd. by the Customer on these terms will be

    governed by the laws of South Australia.

    1. Prices

    GST to be applied to all prices for goods supplied within Australia.