Mil-Spec Australia

Standard Conditions of Sale

  1. GENERAL The only contractual terms which are binding upon the company are those set forth herein, those imposed by law as hereinafter mentioned and those otherwise agreed to in writing by the company and all other conditions and warranties whether express or implied and all representations, statements or obligations which would otherwise be binding upon the company are to the extent permitted by law hereby expressly excluded and negatived. Unless otherwise specified in writing by the company, all contracts shall be governed by the law of the place of acceptance.
  2. QUOTATIONS Any quotation made by the company shall not be construed as an offer or obligation to sell and accordingly the company reserves the right to accept or reject at its discretion any orders which may be received by it.
  3. PRICES All prices are ex the company's premises on which the buyer's order is placed and are subject to adjustment without notice to the buyer in accordance with, amongst other things, the company's prevailing prices at the time of delivery. The prices given in any other quotation shall be based on the quantities referred to therein and therefore should there be any variation in the quantity of goods ordered from that quoted then the company shall have the right to amend the price quoted accordingly. In addition to the prices hereinbefore referred to all costs of delivery and expenses of an incidental to putting the goods in a deliverable state shall be for the account of the buyer and shall be the company's costs and expenses prevailing at the time of delivery.
  4. TERMS Unless otherwise agreed to in writing by the company, payment for the goods and all other costs and expenses herein mentioned shall be made to the company strictly net cash within thirty (30) days from the date of delivery. Should the buyer delay or default in respect of any payment due to the company then the company shall have the right, in addi tion to all other rights which are herein given or which are conferred by law, to charge interest at such rates as shall be charged from time to time to the company by its bankers for overdraft accommodation, such interest to be calculated from the date of delivery to the date of full and final payment by the buyer. Any payment by the buyer will be accredited first against the interest accrued to the date of payment.
  5. GOODS AND SERVICE TAX The company's prices are exclusive of GST and any such charge or similar charges shall be for the account of the buyer. The GST charged by the company is based on the tax believed by the company to be correct at the date of acceptance of the buyers order ("the initial charge"). Should there be any variation required to the initial charge for any reason (including unintentional error) subsequent to the date of acceptance of the buyer's order, then the price of the goods and the amount payable by the buyer shall be adjusted accordingly.
  6. EXCHANGE RATES The prices quoted by the company for imported goods are based on the exchange rate prevailing at the date of acceptance of the buyer's order ("the initial exchange rate"). Should there be any variation for any reason in the initial exchange rate subsequent to the date of acceptance then the price of the goods shall be adjusted in accordance with the increase or decrease as the case may be between the initial exchange rate and the exchange rate existing at the date of payment by the company.
  7. DUTY AND PRIMAGE The prices quoted by the company for imported goods are based on the rate of duty and primage for the appropriate tariff classification of the goods prevailing at the date of acceptance of the buyer's order ("the initial duty and primage rates"). Should there be any variation for any reason in the classification of the goods or the method of assessment or rate of the duty or primage subsequent to the date of acceptance then the price for the goods shall be adjusted in accordance with the increase or decrease as the case may be between the initial duty and primage rates and the applicable rates existing at the date of payment by the company.
  8. FREIGHT AND INSURANCE The prices quoted by the company for imported goods are based on the company's freight and insurance rates prevailing at the date of acceptance of the buyer's order ("the initial freight and insurance rates"). Should there be any variation for any reason in the said rates subsequent to the date of acceptance then the price for the goods shall be adjust ed in accordance with the increase or decrease as the case may be between the initial freight and insurance rates and the applicable rates existing at the date of payment by the company.
  9. SAMPLE Notwithstanding that a sample of the goods may be exhibited to and inspected by the buyer such sample will only be exhibited and inspected solely to enable the buyer to judge for itself the quality of the bulk and not so as to constitute a sale by sample.
  10. INFORMATION AND DRAWINGS All descriptive specifications, illustrations, drawings, data, dimensions and weights furnished by the company or otherwise contained in catalogues, price lists or other advertising matter of the company are appropriate only and are intended to be by way of a general description of the goods and shall not form part of the contractual description thereof unless agreed to in writing by the company in which case such descriptive specifications etc shall be subject to recognized tolerances.
  11. DELIVERY Unless otherwise agreed to in writing by the company, the buyer shall take possession of the goods at the company's warehouse on which the order is placed and this shall be in the place of delivery. If it is agreed that delivery shall take place beyond this point then notwithstanding any other provision whereof risk in the goods shall pass to the buyer immediately the goods begin to be loaded for the purpose of carriage to the agreed place of delivery and all costs and expenses (if any) of and incidental to the carriage and insurance of the goods shall be for the account of the buyer. Should for any reason the company act as a carrier of the goods to the agreed place of delivery, then in the event of loss or damage to the goods in transit caused by or resulting from any act neglect or default attributable to the company, the company's liability to the buyer shall be limited to and completely discharged by either the replacement or the repair of any goods so lost or damaged. Any claims against
    the company for such loss or damage to the goods must be made within 48 hours of the date of delivery.
  12. ACCEPTANCE The buyer shall inspect the goods forthwith upon their delivery and shall within seven (7) days from such inspection give written notice to the company of any matter or thing by reason whereof the buyer may allege that the goods are not in accordance with the contract. If the buyer shall fail to give such notice then to the extent permitted by statute the goods shall be deemed to have been accepted by the buyer and the buyer shall pay for the same in accordance with the provisions hereof.
  13. RISK The goods supplied by the company shall be at the buyer's risk immediately on delivery to tile buyer or into the custody of anyone acting on the buyer's behalf including carriers whichever is the sooner. If for any reason the buyer fails to take possession of the goods within seven (7) days from the date in which the buyer is notified that the goods or part thereof are ready for delivery, then risk in the goods shall forthwith pass to the buyer and the company shall be entitled to payment for the goods in accordance with the provisions hereof, in the event that the, buyer fails to take possession of the goods within the said period of seven (7) days the company shall arrange storage of the goods at its warehouse or some other suitable place and all costs of and incidental to such storage shall be for the account of the buyer.
  14. TITLE Notwithstanding that risk in the goods shall pass to the buyer as herein provided, title to the goods shall remain with the company until ail moneys owing by the buyer to the company have been paid in full (whether such moneys are in respect of the moneys payable under a specific contract or on any other account whatsoever) and until such time the buyer shall, at the direction of the company, store the goods so as to indicate that they are the co mpany's goods and the buyer shall hold the goods as bailee thereof only subject nevertheless to its right to deal with the goods in the ordinary course of business on the basis that any moneys received as a result of such dealing shall be held by the buyer for the benefit of the company.
  15. TERMINATION Any contract may at the company's option be terminated in the event of tile insolvency of the buyer of execution being levied against any of the goods of the buyer or of the buyer being placed in liquidation whether voluntary or otherwise and upon such termination the company shall be entitled to reposse ss and take back at the cost of the buyer all goods which remain the property of the company without prejudice to any other right conferred upon the company by law.
  16. CANCELLATION AND RETURN OF GOODS FOR CREDIT:
    1. Orders accepted by the company cannot be cancelled by the buyer prior to delivery except with the company's consent and in accordance with such terms as to the company seem fit to indemnify it against all loss which it may suffer arising out of such cancellation. In respect of goods delivered to a buyer at its request, the company at its opinion wi ll only allow the buyer credit for returned goods in accordance with the following conditions:
      1. In every case the original number and date of invoice must be quoted by the buyer.
      2. All goods must be returned to the company's warehouse in which the order is placed within 30 days from the date of delivery to the buyer with all instructions and other documents originally supplied therewith.
      3. Where the manufacturer's carton seal has been broke n then the amount allowed for credit otherwise hereby allowed less 10% of the invoice value.
      4. All charges for outward and inward freight, packing and delivery are for the account of the buyer and should be prepaid. If such charges are not so paid by the buyer then they will be deducted from the credit otherwise hereby allowed:
        1. If the goods are returned within 7 days from the date of delivery then subject to the provisions of sub-clauses (a) and (d) hereof the credit allowed to the buyer will be the invoice value of the goods.
        2. If the goods are returned after 7 days but before 30 days from the date of delivery then subject to the provision of sub-clauses (a) and (d) hereof the credit allowed to the buyer will be the invoice value less 10% thereof.
    2. The following goods which have been supplied by the company at the buyer's request cannot be retur ned for credit under any circumstances:
      1. Any goods marked on the company's invoices as "NOT RETURNABLE".
      2. Any goods that have been altered, damaged or used in any manner whatsoever by the buyer or any person other than the company.
      3. Any goods which have been made or purchased to the special order of the buyer or any other person.
  17. PRICE LISTS In the event of resale, the prices set out or referred to in the company's price list or any other document are recommended only and there is no obligation to comply with the recommendation.
  18. DAMAGES AND RETENTIONS The company and or its employees will not accept any form of damages or retentions for any reason under any circumstances .