Interpretation:
a) “Contract” means the standard trading terms and conditions of sale (which applies to each and every Quotation and/or Order) and includes any Quotation and Order
b) “Customer” means the entity to which “Green Triangle Distributors” enters into a Contract for the sale of Goods.
c) “Goods” means the goods described in the Quotation or Order and includes replacement goods
d) “Order” means a written or verbal quote from the Customer to Green Triangle Distributors.
e) “Quotation” means a written or verbal quotation provided by Green Triangle Distributors to the Customer.
View our full terms below:
1 Quotations:
Any Quotation made or given by Green Triangle Distributors (herein referred to as “the Company”) shall not be construed to or operate as an offer or obligation to sell but shall be an invitation to treat only. The Company reserves the right to accept or reject in it absolute discretion any orders which may be received by it.
2 Orders:
Orders for goods will be binding upon Green Triangle Distributors and the Customer. However, Green Triangle Distributors reserves the right to accept orders in whole or in part.
Once the Company has accepted the Order, the customer may not alter or modify the Order without prior written consent of consent of the Company.
The Customer irrevocably authorises Green Triangle Distributors and any of its lawful agents, at any reasonable time, to enter the Customer’s premises or any premises occupied by the Customer or its agents and re-take any goods and then to re-sell those goods and retain the proceeds of the sale without prejudice to Green Triangle Distributors rights to claim the balance of all moneys due. The Customer indemnifies Green Triangle Distributors in respect of any such entry. The provisions of this clause survive the termination of any security agreement that arises in respect of these Terms.
3 Price:
The price quoted for the goods described may be varied at the Company’s discretion at any time until title passes to the purchaser in accordance with this Condition of Sale.
Unless otherwise stated the prices for the goods set out the exclusion of sales tax, customs duty, packaging costs, freight charges, delivery costs, back charges and such other charges notified by the Company to the Purchaser all of which costs shall be payable by the Purchaser.
4 Terms of Payment:
Terms are strictly cash unless a credit facility has been granted by the Company.
5 Credit Terms:
Unless otherwise agreed in writing, the payment due date is strictly thirty (30) days from the end of the month in which the Goods are purchased.
Accounts with overdue balances will automatically have credit withdrawn until all outstanding balances are cleared. The Company reserves the right to charge interest rate of 2% on all overdue balances calculated on a daily basis from the due date until such amount is paid.
Credit will only be granted at the sole discretion of the Company, consequent upon the submission of a completed Application for Credit and any credit granted may be revised by the Company at any time at its discretion.
All accounts are payable strictly net from the invoice date to the end of the month following or sooner as at he absolution discretion of the Company.
All credit sales are made upon the Terms and Conditions contained in this document. The Company reserves the right to withdraw credit facility upon breach by the Purchaser of any of these Terms and Conditions. The Purchaser herein agrees that upon such withdrawal, any and all monies owing on the account become due and payable immediately.
If these Terms & Conditions are not strictly observed by the customer, the Company may in absolute discretion, refuse to supply to the Purchaser and the Company shall not be liable to the Purchaser for any loss or damage the customer may sustain as a result of such refusal.
The cost of collection on any monies due and payable by the customer, including the fees to any Collection Agency and /or Solicitor engaged by the Company shall be payable by the customer together with interest at the rate of 2% per month (calculated daily) on any outstanding monies due to the Company.
An account keeping fee of $50.00 + GST per month will apply for any accounts which are outside of the Company’s Trading Terms and Conditions
PRIVACY ACT 1998
(a) The Customer agrees for the Company to obtain from a credit-reporting agency and the trade referees a credit report containing personal credit information about the Customer and any additional information required by the Company
(b) The Company may exchange information about the Customer with those trade referees name in the application form for a trading account or named in a consumer credit report issued by reporting agency to:
(i) Assess the Customer’s application;
(ii) Notify other credit providers of a default by the Customer;
(iii) Exchange other information with other credit providers as to the status of the trading account, if the Customer is in default with other credit providers; and
(iv) Assess the credit worthiness of the Customer
Liability and Indemnity
1. Except to the extent that the Company is prevented by law from limiting its liability for such loss, the Company shall not be liable to the Purchaser or any other person for loss in relation to the provision of the goods unless the loss results from the gross negligence of the Company or its employees agents or contractors.
2. In the event that the supply of the goods constitutes a supply of goods to a consumer as defined in the Trade Practices Act 1974, then the liability of the Company for loss shall be at the election of the Company be limited to:
3. The replacement of the goods or the supply of equivalent goods;
4. The payment of the cost of having the goods repaired;
5. The repair of the goods; or
6. The refund of the cost of the goods.
7. The Purchaser shall indemnify and keep the Company indemnified against all loss suffered or incurred by the Company arising out of or in any manner connected with the use of the goods which is caused by the negligence or willful act or omission of the Purchaser or its employee’s agents or contractors.
8. The Purchaser hereby agrees and undertakes that prior to use of the goods by any person that the Purchaser will:
9. Do all that is necessary to ensure that the goods are used only in accordance with the Company’s and/or the manufacturer’s instructions;
10. Inspect the goods and make its own assessment of their suitability having regard to the manner in and the use to which the Company intends to apply the goods;
11. Do all this is necessary to ensure that the recommendations, instructions or specifications of any government department or semi-government authority or any standard published from time to time by the Standards Association of Australia in relation to the use of the goods are complied with.
12. The Purchaser, in consideration of the sale of the goods by the Company to it agrees to indemnify and keep the Company indemnified against any claim or loss suffered or incurred by the Company arising out of or in any manner connected with the use of the goods other than in accordance with the Company’s or the manufacturer’s instructions.
13. The Purchaser shall at its own expense defend any and all actions referred to in Clause 7.3 above and shall pay all legal costs and expense arising there from.
14. For the purposes of these conditions negligence shall constitute ‘gross negligence’ only if a negligent act or omission occurs and the Company or the Company’s employees, agents or contractors ( as the case may be) either committed the act or allowed the omission to occur in reckless disregard of the consequences of the act or omission.
Warranty
1. The Company warrants that all goods manufactured by it shall be free of defects in material and workmanship for a period of one (1) year from the date of dispatch from the Purchaser’s premises.
2. If any goods or part thereof do not comply with this warranty then the Company at it’s option will replace the goods or pay the cost of replacing such goods or acquiring equivalent goods or repairing the goods or pay the cost of having such goods repaired.
3. Any claim under this warranty must be made within the warranty period referred to in Clause 6.1 hereof and must be notified in writing to the point of sale of the goods within (30) days after discovery of the defect giving rise to the claim. No claims will be met until the Company or its duly authorised representative has inspected the goods subject to the claim which must be returned freight pre-paid to such place as the Company or its representative may reasonably specify for inspection.
4. This warranty shall not apply:
a) to any goods or any part thereof which have been repaired, altered or modified in any way whatsoever by any person other than the Company or its authorised service representatives;
b) in respect of any defects arising whether directly or indirectly from fair wear and tear; or
c) any defect which may be caused directly or indirectly by installation use or maintenance of the goods in any manner other than in accordance with the Company’s instructions.
5. In respect of any component part of any product which is not manufactured by the Company this warranty shall only apply to the extent of the warranties and liabilities of the supplier of any such component part shall be limited to such amount (if any) as the Company is able to recover from such supplier.
6. The benefits conferred by this warranty are in addition to all other rights and remedies in respect of the goods which the purchaser has under the Trade Practices Act and similar State laws
Risk and Title:
(a) Risk in any goods passes to the Customer on delivery.
(b) Title remains with Green Triangle Distributors until the Customer has paid Green Triangle Distributors for all goods supplied in full and in cleared funds. Until title passes to the Customer, the Customer will hold them on trust and as bailee for Green Triangle Distributors.
(c) The Customer must store any goods belonging to Green Triangle Distributors separately from other goods in its possession, prevent any deterioration to them and clearly mark them as Green Triangle Distributors goods.
