STANDARD TERMS & CONDITIONS OF SALE
1. Terms:
a. Every purchase from CESCO FABRICATIONS PTY LTD (CESCO) is subject to these Standard Terms & Conditions of Sale.
b. These Standard Terms & Conditions of Sale override all other Terms & Conditions of Sale, whether expressed or implied in oral or written form.
c. Where a Customer fails to comply with these Standard Terms & Conditions of Sale the Customer may be deemed to be in breach of contract and subject to the applicable law as stated herein. CESCO may refuse to deliver further goods to any such Customer until any breach has been remedied.
d. These Standard Terms & Conditions of Sale may be modified only by the CESCO Managing Director at any time.
2. Payment:
a. Account Customer
i. An Account Customer is a customer who has been granted a Credit Arrangement with CESCO.
ii. The Standard Payment Term for an Account Customer is 30 Days from the end of the month in which the invoice is dated. Any Non-Standard Payment Terms are at the discretion of the CESCO Managing Director.
b. Non-Account Customer
i. A Non-Account Customer is a customer who does not have a Credit Arrangement with CESCO. The Standard Payment Terms for a Non-Account Customer is 100% payment up front unless otherwise agreed to by the CESCO Managing Director.
c. Credit Policy
i. Customers granted a Credit Term Facility must make physical payment prior to or on the due date.
ii. Where a customer does not make physical payment prior to or on the due date, CESCO reserves the right to charge interest for every day that payment is late. The calculation for late payment interest is based on the outstanding amount divided by 365 x days overdue.
iii. Customers granted a Credit Term Facility may have such a facility suspended or discontinued at the discretion of the CESCO Managing Director.
3. Payment Methods:
a. Payment Methods accepted by CESCO are:
i. Electronic Funds Transfer, which is to be made out to CESCO using the Account Details as provided on the CESCO Invoice,
ii. Credit Card at the discretion of the CESCO General manager.
4. Pricing:
a. Goods are sold at the price current at the time of purchase, inclusive of any applicable delivery charges.
b. CESCO reserves the right to modify the price of goods as required.
5. Delivery:
a. CESCO delivery records will be the proof of delivery of goods and that the goods are in accordance with the customer requirements, which are stated therein. CESCO delivery records will be evidence of receipt and acceptance by the Customer notwithstanding the absence of any representative of the Customer at the delivery address.
b. Unless specifically requested in writing by the customer, CESCO will access and deliver goods to the customer’s known site address where CESCO is responsible for delivery. In gaining such access, CESCO will not be liable for any loss, damage or injury sustained by any person or persons arising out of or in any way connected with gaining such access, and CESCO will be at all times indemnified and will remain indemnified by the customer post the delivery event.
c. It is a customer responsibility to ensure CESCO is aware of the physical delivery address. Failure to do so may render the customer liable for any additional freight or cartage charges incurred because of incorrect delivery where it is the responsibility of CESCO to facilitate delivery.
d. Unless specifically requested by the customer in writing and/or a separate agreement exists between CESCO and the customer, goods delivered will be accompanied by an invoice that will disclose the charged freight and handling fee components (when applicable).
6. Quantity Delivered:
a. Every endeavour will be made to deliver the correct quantity ordered but owing to the challenges in producing exact quantities at times, the customer agrees that in providing CESCO with a Purchase Order, the customer accepts a variation of 5% (fewer or more) on the delivered quantity where CESCO manufactures the items, and the quantity exceeds 100 single items.
7. Title:
a. Goods supplied to the customer by CESCO will remain the absolute property of CESCO until such time as all funds owing to CESCO by the customer have been paid to CESCO. This includes goods whereby the Customer supplied the raw materials and/or components and CESCO converted such materials and/or components into finished product.
b. CESCO reserves the right to take possession of and/or dispose of goods supplied to the customer at any time until it has received payment of all owed monies.
c. The customer grants permission to CESCO and its representative to enter any customer property where unpaid goods are held.
8. Risk:
a. Risk for goods delivered will pass to the customer immediately upon delivery where CESCO is responsible for the delivery.
b. Risk for goods to be collected will pass to the customer immediately upon collection where the customer has arranged collection of the goods from a CESCO facility.
c. Until such time as CESCO has received payment of all monies owed by the customer, the customer agrees to:
i. Ensure all goods supplied by CESCO are stored in a manner that clearly discloses CESCO is the sole owner of the goods,
ii. Care for all goods supplied by CESCO in a manner that ensures all goods are not subject to conditions that may cause damage of any kind, and
iii. Only sell goods supplied by CESCO on the condition that the customer holds all proceeds on trust for CESCO.
9. Ordering of Goods:
a. It is a customer responsibility to ensure the customer’s Purchase Order clearly shows all the information required by CESCO to supply goods to the required specification.
b. Information required on a customer Purchase Order to CESCO includes: Date of Order, CESCO Product Code, Customer Product Code (if applicable), Product Description, Quantity, GST Exclusive Price, GST Component, Freight Component (if applicable) and Total Price Including GST.
c. The customer is to provide CESCO with all information as requested by CESCO on a case-by-case basis in order for CESCO to fulfil the order in accordance with the customer’s requirements.
d. Where a customer wishes to modify an order, such an order may be modified where CESCO has not yet processed the order and, regardless of the accepted modification, the customer agrees to accept there may be changes to the order value and the agreed date of delivery.
10. Order Cancellation:
a. A customer Purchase Order to CESCO binds the Customer to the Terms & Conditions of Sale herein. The customer must advise CESCO within twenty-four (24) work hours of placing the order if the customer wishes to cancel the order. Where a customer cancels an order later than twenty-four (24) work hours after CESCO has received the order, the customer may be liable for work conducted by CESCO in the fulfilment of that order. Such liability will be at the discretion of CESCO.
11. Return of Goods:
a. CESCO is not obliged to accept the return of any goods and/or credit such goods, which have been ordered in error by the customer.
b. CESCO is not obliged to accept any goods for return unless expressly provided to do so by legislation or contract.
c. Only returned goods that are in as new condition may be accepted for credit, and any credit will be reduced by freight and handling fees. A restocking fee will apply to returned goods calculated at 5% of the purchase price (per item).
d. CESCO refuses to accept the return of any goods that have been used in an application for which the goods were not intended and/or goods which show any form of wear or prior use.
12. Warranty:
a. CESCO Warranty is on a product-by-product basis and covers the Customer against defects in materials and workmanship for a period as specified by CESCO in relative marketing material including product information sheets which may accompany products, as required.
b. CESCO does not warrant against defects in materials where a customer provides the materials to CESCO.
c. CESCO does not warrant against product failure where a product has been utilised in an application other than that for which it was designed.
d. CESCO does not warrant against product failure where there is no proof that the product which must be installed by a licensed technician has been installed by a licensed technician.
e. CESCO does not warrant against product failure where the “Void if Removed” tab (where applicable) shows signs of disruption.
f. CESCO is the authorising agency for all warranty repairs. Repairs undertaken as warranty repairs, which are not formally authorised by CESCO, are conducted at the risk of the repairer. In such a case, CESCO may not cover the cost for repairs.
13. Product:
a. CESCO reserves the right to make changes to any and all CESCO products in any way and at any time.
14. Customer Furnished Materials
a. Unless an agreement exists between CESCO and the customer, CESCO is not to be held liable for any loss or damage to customer Furnished Materials delivered to the CESCO premises.
b. CESCO is under no obligation to accept customer Furnished Materials where the customer has not arranged for CESCO to take delivery of such.
15. Claims:
a. The customer must advise CESCO in writing within seven (7) days of delivery if the customer wishes to make a claim in respect of alleged short delivery of goods, and should the customer fail to make such a claim, the customer will be liable to pay for the full quantity of goods stated in the applicable invoice.
16. Force Majeure:
a. CESCO will not be liable for any failure to perform or delay in performance of the sale by reason of, whether wholly or in part, any circumstances beyond its control.
17. Governing Law/Jurisdiction:
a. These Terms & Conditions of Sale are governed and interpreted in accordance with the laws of Victoria, Australia, and the customer agrees to submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia.
18. Updates to These Terms and Conditions:
a. CESCO reserves the right to update these Terms and Conditions of Sale at any time.