At the Seller’s sole discretion, the Price shall be either:
as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied; or
the Seller’s quoted Price (subject to clause 4.2) which shall be binding upon the Seller provided that the Buyer shall accept in writing the Seller’s quotation within thirty (30) days.
Any variation from the plan of scheduled works or specifications will be charged for on the basis of the Seller’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
At the Seller’s sole discretion a deposit may be required. The deposit amount or percentage of the Price will be stipulated at the time of the order of the Goods and shall become immediately due and payable.
Except in relation to approved Buyers (at the Seller’s sole discretion), time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be on delivery of the Goods.
The Seller may withhold delivery of the goods (or part thereof) until the Buyer has paid for them, in which event payment shall be made before the delivery date.
Payment will be made by cash on delivery, or by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Buyer and the Seller.
The Price shall be increased by the amount of any GST and other taxes and duties and charges which may be applicable, except to the extent that such taxes and charges are expressly included in any quotation given by the Seller.
Delivery Of Goods/Services
Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or delivery of the Goods shall be made to the Buyer at the Seller’s address.
Delivery of the Goods to a carrier, either named by the Buyer or failing such naming to a carrier at the discretion of the Seller for the purpose of transmission to the Buyer, is deemed to be a delivery of the Goods to the Buyer.
The costs of carriage and any insurance which the Buyer reasonably directs the Seller to incur shall be reimbursed by the Buyer (without any set-off or other withholding whatsoever) and shall be due on the date for payment of the Price. The carrier shall be deemed to be the Buyer’s agent.
The Seller may deliver the Goods by separate instalments (in accordance with the agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the provisions in these Terms.
Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of a Contract.
The failure of the Seller to deliver Goods shall not entitle either party to treat a Contract as repudiated.
The Seller shall not be liable for any loss or damage whatsoever due to failure or delay by the Seller to deliver the Goods (or any of them) promptly or at all.
The Buyer shall be liable for costs associated with storage of goods between the agreed delivery time and the actual delivery time where the delays are not caused by the Seller
Risk
All risk for the Goods passes to the Buyer on delivery.
If any of the Goods are damaged or destroyed prior to property in them passing to the Buyer, the Seller is entitled, without prejudice to any of its other rights or remedies under these Terms (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable for the goods. This applies whether or not the Price has become payable under the Contract. The production of these Terms by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
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