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1. TERMS: |
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Strictly NET 30 DAYS from the end of the month in
which the goods are sold. |
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2. FREIGHT: |
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Intrastate and interstate orders with a net
invoice value of $250.00 OR MORE will be delivered FREE INTO STORE.
James Glen Pty Ltd ( James Glen) reserve the right to select the method
of transport for F.l.S. deliveries. Where any special freight is
requested costs will be to the customer’s account. |
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3. PRICES: |
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| a. |
James Glen reserves the right to amend the
recommended prices and information set out in its current Stock
Fastener Lists at any time.. |
| b. |
The packet quantities referred to in James
Glen’s current Stock Fastener List are the MINIMUM SALE QUANTITY.
James Glen reserve the right to supply products in multiples of
Packet Quantity only. |
| c. |
SPECIAL PRICES ON BULK ITEMS AVAILABLE ON
REQUEST. |
| d. |
GST: Prices are shown in this catalogue are
exclusive of GST. Customers are liable to pay GST on all items
shown, and will be charged at the applicable rate. |
| e |
Minimum order value may apply. |
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4. GOODS: |
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| a. |
Goods shall remain the sole and absolute
property of James Glen as legal or equitable owner until such time
as the purchaser shall have paid to James Glen the agreed price.
Following such payment, title to the goods shall be transferred to
the purchaser provided that payment shall not be deemed to be made
until any cheque in payment has been duly honoured. |
| b. |
The purchaser acknowledges that it is in
possession of any goods purchased from James Glen solely as bailee
for James Glen until such time as the full price thereof is paid to
James Glen.. |
| c. |
The purchaser’s right to possession of the
goods shall cease if it does anything or fails to do anything which
would entitle a receiver to take possession of any assets or which
would entitle any person to present a petition for winding up of the
purchaser. James Glen may for the purpose of recovery of its goods
enter forcibly if necessary upon any premises where they are stored
or where they are reasonably thought to be stored and may repossess
and remove the same. |
| d. |
If new objects are made out of the goods
supplied, then James Glen. will be deemed the owner of the new goods
as surety for the payment of the full price for the materials
supplied. |
| e. |
Until full payment for the materials supplied
has been received by James Glen, the purchaser shall keep the
materials and new objects (comprising materials sold) in its
capacity as fiduciary owner thereof and if required store them in
such a way that they could be separately recognised. |
| f. |
The purchaser shall be entitled to sell the
new objects to a third party in the normal course of carrying on its
business for a full and proper purchase price or at a reduced price
with the prior written consent of James Glen.. |
| g. |
All monies or consideration received by the
purchaser for selling the new objects or supplies to a third party
shall be held on trust for James Glen until such time as the
purchaser pays the full purchase price to James Glen. |
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5. RETURNS: |
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a.
b. |
Goods returned for credit will not be
accepted unless authorised in writing by an authorised officer of
James Glen Pty Ltd and accompanied by a request for credit showing
the original invoice number, date and reason for return.
Goods will only be accepted for return for credit within 7 days of purchase. |
| c. |
Acceptance of goods returned for credit does
not imply agreement to issue a credit note. A credit note will only
be issued if the returned goods are found to be satisfactory by
James Glen. |
| d. |
Where incorrectly ordered goods are returned
freight will be at the customer’s expense. Such returns will be
subject to a 20% handling charge and forwarding freight costs will
be recharged as applicable. |
| e. |
Goods will not be accepted for return for
credit where – |
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| 1) |
Traceable products are not returned in
their original sealed packets. |
| 2) |
Any goods are cut or otherwise reworked
to purchasers’ specifications. |
| 3) |
Any goods are specially manufactured to
purchasers’ specifications. |
| 4) |
Any goods are altered or damaged by the
purchaser. |
| 5) |
Any standard item, outside of normal
product range, is specially procured. |
| 6) |
The terms of clause 6 are not complied
with. |
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6. INSPECTION BY PURCHASER: |
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The purchaser is obliged to open and check all
goods supplied and to report any alleged deficiency with details of the
invoice number and specification of the claim within 35 days of the date
of delivery. Any claims made outside that time will not be accepted for
credit, except where the supply of such goods breaches a condition
proscribed by statute or regulation which is unavoidable |
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7. DISCLAIMER: |
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| a. |
Where the goods were acquired or held out as
being acquired for re-supply or being used up or transformed, in
trade or commerce, in the course of a process of production
manufacture, repair or treating other goods or fixtures on land then
all warranties and conditions express or implied whether by statute
regulation custom or usage are hereby expressly excluded and James
Glen shall not be liable for any actual consequential or other loss
expense or damage arising or related in any way to the supply or use
of the goods, or their non performances. |
| b. |
Where sub-clause (a) does not apply or where
legislation or regulation prescribes unavoidable warranties or
conditions then the liability of James Glen for any breach shall be
limited to either the replacement of the goods, or the supply of
equivalent goods, or payment of the cost of replacing the goods or
of acquiring equivalent goods as James Glen in its absolute
discretion thinks fit. |
| c |
Whilst every care has been taken in preparing
this publication, James Glen shall not be liable to any purchaser
relying on any fact, matter or representation. Purchasers should
satisfy themselves as to the suitability and fitness of any product
advertised, before order. |
| d. |
Whilst every care has been taken compiling
the information
and technical data James Glen will not accept responsibility for
subsequent loss or damage arising from it’s use. Nothing in these
terms and conditions shall exclude or modify any conditional
warranty implied by law where to do so would render such terms and
conditions void. |
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8. Any contract for sale shall be deemed to be
made in the state of New South Wales and the law, courts or arbitration
facilities of that State shall be used to construe or apply the contract
or to determine or resolve any dispute or action arising under it. |
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9. The signing of the manifest or delivery
docket for goods received, shall constitute acceptance of these
Conditions of Sale by the purchaser. |
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10. E&OE |
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ALL PRICES SHOWN ARE SUBJECT TO GST. |
