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POLYTECH PLASTICS PTY LTD
A.C.N. 087 273 952
17 Biscayne Way Jandakot, WA 6164
Tel: 9412 3999 Fax: 9414 7575
TERMS AND CONDITIONS OF TRADING
1. In
these terms and conditions, unless the context
otherwise requires:
"customer" means the person described in Polytech
Plastic's invoice to whom goods are sold or services
are provided;
"goods" means all goods and accessories sold or
supplied by Polytech Plastics;
"services" includes all services and labour
contracted to be provided by or on behalf of
Polytech Plastics.
2.
These terms and conditions as varied from time to
time apply to all sales of goods and the provision
of all services by Polytech Plastics to the
customer.
3.
The customer's acceptance (expressly or by conduct)
of any quote by Polytech Plastics in relation to
goods or services and, without limiting the
generality of the foregoing, any instructions given
by the customer in relation to the delivery of goods
or the provision of services, will constitute
unqualified acceptance by the customer of these
terms and conditions.
4.
Unless otherwise stipulated in any quote by Polytech
Plastics, the customer must pay for goods or
services prior to or immediately upon delivery of
goods or provision of services to the customer.
Polytech Plastics may cancel or suspend any
uncompleted order accepted by it (without any
liability to the customer) if at any time the
customer defaults in respect of any of its payment
obligations.
5. If
the customer defaults in making payment to Polytech
Plastics in accordance with these terms and
conditions, the customer agrees to pay:
(a) interest at the rate of 8% per annum from the
date on which such default occurred until the
balance outstanding is paid in full; and
(b) all debt collection fees and commissions,
disbursements and legal costs (on a solicitor/client
basis) incurred or payable by the customer as a
direct or indirect consequence of such default.
6. If
the customer holds any property as trustee of a
trust, the customer:
(a) warrants that it has full power and authority
to accept goods and/or services on these terms and
conditions for the benefit of the trust;
(b) the customer's right of indemnity against the
trust property is unrestricted and will not be
adversely affected by these terms and conditions;
(c) both personally and in its capacity as
trustee of the trust, will be bound by these terms
and conditions;
(d) acknowledges that its liability will apply
even if it ceases to be trustee of the trust for any
reason; and
(e) acknowledges that its liability will be not
limited to the assets of the trust.
7.
Subject to clause 8, Polytech Plastics expressly
excludes any warranties (whether statutory, express
or implied) in relation to any goods or services
supplied to the customer.
8. If
any statutory warranties cannot be excluded in
relation to any goods or services supplied to the
customer, Polytech Plastics' liability will be
limited in all circumstances to:
(a) in the case of goods, the repair or
replacement of the goods (at the option of Polytech
Plastics); and
(b) in the case of services, to supplying the
services again.
9.
The customer will inspect the goods immediately on
their arrival and shall, within seven days from the
date of arrival, give Polytech Plastics written
notice of any matter by virtue of which the customer
alleges that the goods are not in accordance with
the contract.
10.
Polytech Plastics reserves the right to vary these
terms and conditions at any time.
11.
Unless otherwise expressly stated in these terms and
conditions, no waiver or relaxation in whole or in
part of any of these terms and conditions will be
binding on Polytech Plastics unless in writing and
signed on behalf of and by a duly authorised officer
of Polytech Plastics. Any such waiver or relaxation
shall be limited to the term or condition and
occasion in question.
12.
Polytech Plastics will not be liable to the customer
for any loss or damage of any kind sustained by the
customer as a consequence of any breach of Polytech
Plastic's obligations pursuant to the customers
order if failure to supply is caused by matters
beyond Polytech Plastics reasonable control
including (without limitation) acts of God, acts of
any government, war or other hostility, national or
international disaster, the elements, fire,
explosion, power failure, equipment failure,
strikes, lockouts, inability to obtain necessary
supplies and any other force maejure occurrence.
13.
These terms and conditions shall be governed by and
construed in accordance with the law in force for
the time being in the State of Western Australia,
and the parties submit to the jurisdiction of the
Court of that State.
Please
contact us for a hard-copy of these terms and
conditions.
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