GENERAL TERMS & CONDITIONS OF SALE
1.0 Payment Terms
If an approved credit account is held and providing the account balance is not overdue, payment terms will be payment in full on a strict 30 day basis from the date of invoice unless terms are otherwise agreed in writing by Datran Australia Pty Ltd. (henceforth referred to as Datran Australia)
Customers without an approved credit account with Datran Australia will be on a strictly cash up front basis before goods are dispatched, unless terms are otherwise agreed in writing by Datran Australia.
Completing a new application for Trade credit account will not result in the first order being allowed on credit. Subsequent orders may be charged to the account once the account is approved.
2.0 Eligibility of Credit Account
The costs of maintaining a credit account require that a minimum yearly purchasing level be maintained. If yearly turnover does not meet this requirement, the account may be closed.
3.1 Datran Australia will only accept orders for a minimum of $25.00 excluding delivery charge.
3.2 Orders must be in writing, any telephone orders must be confirmed in writing.
3.3 Datran Australia accepts no responsibility for delays, errors in delivery, discrepancies in supply arising from orders being made otherwise than in this manner.
4.1 Prices are exclusive of GST.
4.2 Validity: Quotations are valid for 30 (thirty) days from date of quotation unless otherwise agreed to in writing.
4.3 Prices are based on current costs of insurance, freight, duty, exchange rates and on the latest quotations from the suppliers of any component parts. Any increases in these charges subsequent to the date of quotation together with associated margins are to the buyers account.
4.4 All prices are FOB Homebush.
4.5 Where travel and expenses are incurred a separate charge will be made.
4.6 Goods will be invoiced on delivery, services will be invoiced on a monthly basis for work carried out during the month as progress accounts.
5.1 Datran Australia will endeavor to meet any indicated delivery date. But, unless otherwise agreed in writing, delivery dates are not of the essence. Nor shall Datran Australia be held liable for non-delivery or late delivery (however caused) or failure to deliver by any specific methods or any particular vehicle or craft.
5.2 Delivery is deemed to be complete when made at the place indicated in the written order received by Datran Australia.
5.3 If Customer fails or refuses to accept delivery at the place and by the date indicated in the written order received by Datran Australia, Datran Australia may charge storage and transportation expenses to Customer, in which case these are deemed to be part of the price of the goods.
5.4 Datran Australia may deliver goods by instalment, in which case each instalment is deemed to be a separate contract on the same conditions as the main contract.
5.5 Customers have the choice of using Datran Australia’s own freight carriers for local, road or overnight. These freight charges are available on request. If Customer’s would like to nominate their own freight forwarders this must be displayed on the purchase order with an account number and completed consignment note, where applicable. Datran Australia will not recompense where we have used our own freight carriers due to incomplete or lacking freight preference information.
6.1 No claim for under supply of goods can be made by Customer later than 7 days after delivery.
7.1 To ascertain that goods conform with the contract, the Customer must examine them forthwith on delivery. The Customer is deemed to have accepted goods unless, within 7 days after delivery, it gives Datran Australia written notice rejecting goods.
7.2 Any notice rejecting goods must contain the following information:- • The invoice/packing slip number • Date of purchase • A Datran Australia issued “return authority” (“RA”) or Case number.
7.3 Re-Stocking Fee
Datran Australia may, but is not obliged to, accept the return for credit of any goods which conform with the contract or are rejected without proper cause. If Datran Australia does accept goods returned for credit, it may deduct a restocking penalty of no more than 20% of the price of the goods.
8.0 Title to Goods
8.1 Risk in goods passes to Customer on delivery. However, ownership of goods remains with Datran Australia until Datran Australia has received payment in full for the goods supplied to Customer. Payment means receipt by Datran Australia of cleared funds.
9.1 Datran Australia may (in addition to its other rights) terminate this contract if Customer:
• Fails to comply with any of these conditions, or
• Fails to comply with any other terms of agreement with Datran Australia, or
• Commits an act of bankruptcy, or
• Has a receiver appointed, or • Goes into liquidation, or
• Makes an arrangement with its creditors
• Fails to pay outstanding invoices after 3 months (from othen on “Cash on Delivery”)
10.1 Unless otherwise specified the equipment offered includes a return to workshop warranty (labour and parts) for one year from date of invoice against malfunction and does not include fair wear and tear, misuse or abuse.
11.1 Goods are not insured by this Company after they leave its premises.
12.0 Radio Telephones
12.1 When using radio telephones to communicate in a telemetry installation no guarantee is given regarding reliable communications unless Datran Australia’s approved site tests have been conducted.
13.0 Force Majeure
13.1 In the event of any happenings beyond reasonable control and the consequences thereof by which this Company cannot fulfil its obligations it shall be entitled to suspend delivery or to extend the delivery time of the equipment concerned by the duration of such conditions and in the event of such suspension or extension shall not be liable for any damages or any other compensation. Force Majeure occurring for Datran Australia’s subcontractors or suppliers shall be deemed Force Majeure occurring for Datran Australia.
14.0 Customer Guarantees
14.1 The purchaser agrees and acknowledges that all supplied goods and services from Datran Australia will be acquired for business purposes and accordingly the provisions of the Australian Consumer Law (contained in a schedule to the Competition and Consumer Act 2010) will not apply as between the purchaser and Datran Australia.
15.0 Terms of Trade
15.1 Datran Australia Terms of Trade apply to all orders charged to an approved credit account.
15.2 Datran Australia may vary the Terms of Trade or Conditions of Sale at any time by Notice in writing to you. You may not vary the Terms or Conditions unless Datran Australia agrees in writing.