Terms & conditions of trade - supply of products-COMM 37

Terms and conditions of trade for supply of products

Sample

"1. DEFINITIONS

? "Carriage" means the transport of the Products.

? "Contract Price" is the agreed price for the supply of the Products.

? "the Company" means ?a1? .

? "the Customer" means any entity engaging the Company to supply Products.

? ?the Products? means the products identified in the application.

? "this Contract" is for the supply of the Products pursuant to these Terms and Conditions.

2. THE CUSTOMER MUST:

? Make payment of deposits and/or payments of the Contract Price on the agreed terms.

? Pay interest at 2% per annum above the rate fixed by the Penalty Interest Rates Act of 1983 on all overdue payments until date of payment.

? Pay the Contract Price in Australian dollars, free of exchange and without deduction of any kind.

? Accept this Contract at the same time it engages the Company.

? Be responsible for all additional costs and expenses and sign job variation orders authorising such costs and expenses.

Pay for any duty, tax (including GST), impost or outlays of whatsoever nature levied in connection with the ???????

4. THE CUSTOMER MUST NOT:-

? Withhold payment of any amount due to the Company on account of any claim against the Company whether admitted or disputed.

? Deny a signature of any employee, agent or carrier utilised or employed by the Customer.

? Claim for faulty Products unless in writing and made within seven days of the date of receipt of the Products.

5. THE COMPANY MUST NOT:-

? Be precluded from raising a debit in respect of any fee or disbursement lawfully due to it, whether or not any notice was given that further debits were to follow.

? Be liable for loss of or damage to Products unless such loss or damage occurs whilst the Products are in the actual custody of the Company and under its actual control and unless such loss or damage is due to the wilful neglect or default of the Company or its own servants.

? Be liable for damages arising from loss of market or attributable to delay in forwarding or in transit or failure to carry out the instructions given to it.

? Be under any obligation to effect a separate insurance on each consignment but may declare it on any open or general policy should the insurers dispute their liability for any reason the insured must have recourse against the insurers only and the Company must not be under any responsibility or liability, notwithstanding that the premium upon the policy may not be at the same rate as that charged by the Company or paid to the Company by its Customer."