ABOUT ROBERT KITTO LIGHTING
- Robert Kitto Pty Ltd *** Terms of Trade. ***1. Definitions
In these terms “Company” means Robert Kitto Pty Ltd (ABN 58 008 210 526) and the “Customer” means the entity or person receiving goods and/or services from the Company.
2. Application of Terms
These terms govern the supply of goods and services by the Company to the Customer. They supersede all prior representations and agreements unless otherwise agreed in writing by the Company.
3. Delivery and Transportation
The Company will use its best efforts to supply goods or services by the date/s identified in accepted orders but does not represent or warrant that it will do so. The Company will arrange transportation of goods to the Customer at the Customers cost, unless agreed otherwise.
4. Return and Credits
No return of goods will be accepted unless the Company has previously agreed in writing. If the Company agrees to the return of goods, they must be delivered at the cost of the Customer to the Company’s premises.
5. Dispatch Errors, Shortages and Breakage
The Company will not be liable for dispatch errors, shortages and breakages unless they are reported to the Company by the Customer in writing within 48 hours of goods being delivered to the address nominated by the Customer.
Orders must be confirmed in writing by the Customer by either by fax or e-mail. The Company will not be liable for dispatch errors for orders placed by the Customer verbally.
The Customer must pay the amount invoiced including any Australian Goods and Services Tax (“GST”), without setoff, within 14 days from the end of the month in which the invoice is sent to the Customer. The Customer will pay interest on overdue amounts compounding daily, at an annual rate being the ATO GIC (Australian Taxation Office General Interest Charge rate for overdue payments) from the due date until the date of payment. In addition to interest a late payment fee of $15+GST applies to cover the Company’s administrative costs. This fee will be charged once for each and every month that a Customer does not pay an invoiced amount in full. The Customer will be responsible for all costs incurred to recover the payment from the Customer on an indemnity basis.
Title in goods passes to the Customer on payment in full for the goods. Until full payment is made, the Customer holds the goods as bailee for the Company. At any time before full payment is received, the Company may enter the premises of the Customer and take possession of the goods. If the Customer has sold goods for which the Company has not been paid in full, the Customer holds those proceeds on trust for the Company and will pay to the Company the proceeds of that sale.
9. 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 or entity for failure to supply or loss or damage consequential or otherwise suffered or incurred by any person in relation directly or indirectly to any defect, deficiency, failure or breakdown of any kind of the goods.
10. Force Majeure
Where an event or circumstance beyond the control of the Company occurs, which prevents the Company from complying with any of its obligations under these Terms of Trade, including but not limited to:-
- a force of nature;
- labour shortage;
- the temporary disconnection of power, internet and/or phone services; and
- any act or omission on the part of the Customer, its agents or employees.
The Company will not be considered in breach of these Terms of Trade or any contract between the parties to the extent that performance is prevented in these circumstances.
11. Customer Default
In the event that:
a. The Customer fails to pay when due any amount owing to the Company or breaches any other provision of these terms;
b. The Customer ceases to be able to pay its debts as they become due or to carry on business;-
Then the Company may do any or all of the following (in addition to any other rights the Company may have):
i. Require the Customer to pay immediately all amounts invoiced or unpaid or to pay in advance of or on delivery of goods;
ii.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
iii. Enter the Customers premises and take possession of goods for which payment has not been made.
12. Cancellation of Order
Any order placed with us may only be cancelled by the Customer with the written consent of the Company.
The Company has no liability for duties, taxes or other amounts charged or levied by third parties on the sale of goods outside of Australia. The Customer is responsible for ascertaining what duties or taxes may be payable and ensuring that they make payment in full of those duties and taxes.
13. Governing Law
These Terms of Trade will be governed by and interpreted according to the laws of South Australia. Both parties agree to submit to the exclusive jurisdiction of South Australia.
If any provision set out in these Terms of Trade is held to be invalid by a Court of law, the other remaining provisions will remain valid.
15. Variation of Terms of Trade
These Terms of Trade may only be amended or varied by written agreement between the Customer and the Company.
The Customer may not assign any of its rights or obligations under these Terms of Trade without the Company’s prior written consent.
The Company’s failure, delay or neglect to enforce a term of these Terms of Trade is not to be taken as a waiver of that term or the Company’s rights, or a consent to, a waiver of, or any excuse for any different, continuing, or subsequent breach.