General Terms and Conditions

In these conditions "the Seller" means ROTHENBERGER Australia Pty Ltd "the Buyer" means the person, firm or company purchasing "the Goods" means the goods or materials which shall be the subject of the Contract between the Seller and the Buyer. "the price" means the price specified in the Seller's Current Price List or otherwise communicated to the Buyer and agreed.

§ Acceptance of Order

All orders accepted by the seller are subject to these Conditions of Sale unless otherwise varied by agreement in writing. Contracts for delivery by instalments shall be deemed to be indivisible.

§ The Price

(1) Orders are accepted at the Price current at the date of despatch of the goods. The seller reserves the right, at any time before delivery, to increase the Price or withdraw from the Contract in which event the Buyer may, within seven days of receipt of notice to that effect, by notice in writing to the Seller cancel the Order so far as the undelivered balance of the goods is concerned. 

(2) Unless otherwise stated, the Price of the Goods shall include standard packaging and delivery to any one address within the metropolitan area Adelaide, Brisbane, Melbourne, Perth and Sydney specified in writing to the Buyer to and agreed by the Seller prior to delivery except that in the case of Orders below a $150.00 in net value accepted by the Seller and the Buyer will pay a A$15.00 minimum order charge plus whichever is the greater of A$7.50 or the relevant invoicing/carriage or postal charges. The Seller reserves the right to reject any order which is uneconomical to despatch.

(3) Prices in the Price Column of the Seller's Price List are per item unless otherwise shown.

(4) Containers and/or packages are not returnable unless so requested by the Seller.

(5) Prices charged are inclusive of GST (Goods & Service Tax). GST is charged at 10% unless otherwise shown. GST is subject to amendments by the authorities concerned.

§ Payment

(1) Unless otherwise stated on the Seller's invoice or otherwise agreed in writing, payment for the Goods shall be made not later than 30 days from the statement date but so that the Seller may at any time on or after acceptance by notice in writing to the Buyer vary the terms of payment by demanding immediate payment or (at the Seller's option) adequate security for sums which will be due hereunder.

(2) Time of payment shall be of the essence and failure by the Buyer to pay the price or any instalment thereof in due time shall entitle the Seller to treat such a failure as a repudiation of the whole contract by the Buyer and to require the Buyer to make immediate payment of all monies due or to become due to recover from the Buyer damages for such breach of contract and/or (at the Seller's option) to charge interest at three (3) per centum per month or three per centum above the Base rate of ANZ Banking Group, whichever shall be the greater, from the due date until payment.

(3) All accounts are payable net.

§ Delivery

Unless otherwise agreed in writing between the Seller and the Buyer the following provisions shall apply:

(1) When the Goods are put in the post or handed over to the carrier for delivery to the address specified on the Seller's invoice, delivery of the Goods shall have been made.

(2) Any delivery date specified in the order or the Seller's acceptance are estimates only, The Seller shall have no liability for failure to meet such dates. In any event the Seller shall not be liable for consequential or special damages arising directly or indirectly out of delay in delivery. The Buyer shall not be entitled to refuse to accept Goods because of late delivery.

(3) From delivery the risk of any loss or damage to or deterioration of the Goods shall be borne by the Buyer.

(4) The Seller is free of any liability to inform the Buyer of consignment by sea transit.

§ Property

(1) Property in Goods meaning legal ownership is retained by the Seller until all sums due by the Buyer to the Seller on any account are paid.

(2) Property in Goods incorporated or packaged with other products is retained by The Seller in so far as such Goods are identifiable.

(3) Possessions by the Buyer of Goods in the legal ownership of the Seller shall be on a fiduciary basis only.

(4) The goods shall be stored separately by the Buyer so as to be identifiable as the property of the Seller. That the Goods are in store shall be prima facie evidence of identity with those of like brand and description supplied on the latest applicable invoice.

(5) Proceeds of sale by the Buyer shall be traceable for the beneficial ownership of the Seller.

(6) The Buyer shall keep goods in the legal ownership of the Seller in clean and merchantable condition and allow no lien, encumbrance or representation so as to prejudice the legal ownership of the Seller.

(7) The Buyer will permit, when in the discretion of the Seller it is desirable, the servants and agents of the Seller to enter premises, stock take, resume possession of and remove Goods in the legal ownership of the Seller

(8) The Seller may inform any banker reasonably believed to be seeking or to hold any charge over assets of the Buyer of the terms of this condition.

§ Lien

The Seller shall in respect of all unpaid debts from the Buyer have a general lien on all goods of the Buyer in the possession of the Seller and after the expiry of fourteen (14) days written notice to the Buyer be entitled to dispose of such Goods as it deems fit and apply the proceeds towards such debts.

§ Inspection on Receipt and Notices of Claim

(1) The Buyer shall inspect the Goods immediately upon receipt and shall within three (3) days of such receipt (time being of the essence) give notice in writing to the Seller and the Carrier of all claims on account of damage to or loss of goods in transit.

(2) Claims for non-delivery must be submitted in writing to The Seller within ten (10) days after notification of dispatch.

(3) Quality claims must be made in writing immediately after The Buyer learns of the defect. Any Goods returned as faulty will (subject as hereafter mentioned) be replaced where faults in workmanship or material are proved.

(4) Any claim not made in writing and received by the Seller within the above time limits shall be deemed waived.

(5) If the Seller fails to make delivery or makes defective delivery of any one instalment such shall not vitiate the contract as regards other instalments.

(6) Any right of the Buyer to set off the value of any shortage, defective goods or Goods not otherwise conforming to contract shall be restricted to the specific invoice for the goods in question and shall not apply to previous or future accounts.

§ Warranty and Limitation of Liability

(1) The Seller warrants that the Goods are produced within the accepted tolerance level of its standard specifications and are merchantable quality. Except as preluded by statue all other conditions or warranties whether expressed or implied by statue common, law or otherwise are excluded.

(2) The Sellers liability for any and all direct or indirect loo or damage to the Buyer for defects in the Goods or any other cause shall be limited to the purchase price of the Goods to which such loss or damage is attributed.

(3) The Seller shall be under no liability in contract or in tort for any loss or damage or personal injury arising directly or indirectly out of the supply or use of the goods or containers.

§ Force Majeure

(1) Deliveries may be partially or totally suspended by either party during any period in which it is prevented from manufacturing, delivery or taking delivery of the Goods through any circumstances outside its control.

(2) If because of such circumstances, the Seller is unable to supply total requirements the Seller may allocate its available supply (after its own requirements) among all of its customers as the Seller thinks fit.

(3) Delivery so suspended shall be cancelled without liability, but the contract between the parties shall remain unaffected.

§ Indemnity

The Buyer indemnifies the Seller in respect of all damage or injury occurring to any person, firm, company or property and against all actions, suits claims and demands, charges or expenses in connection therewith for which the Seller may become liable in respect of the Goods sold under the contract in the event that the damage of injury shall have been occasioned otherwise than by the negligence of the Seller.

§ Default

The Seller reserves the right (without prejudice to its other rights and remedies) either to terminate the contract between parties or to suspend further deliveries under it or require payment in advance if the Buyer fails to pay for any one delivery when the same becomes due or to the Buyers financial responsibility becomes unsatisfactory to the Seller or if the Buyer, being a company, goes into liquidation or voluntary administration or has a receiver/or manager appointed or not being a company has a receiving order made against him or the Buyer enters into arrangement or composition with creditors.

§ Duty

All import duties, taxes and other imposts will be for the Buyer's account.

§ Patents and Trade Marks

No representation, warranty or indemnity is given by the Seller that the Goods do not infringe any letter patent, trade marks, registered designs or other industrial rights or intellectual property.

§ Export of Goods

The Buyer shall not export and Goods outside Australia without first notifying the Seller of the identity and address of the customer and of the price at which the Goods are sold to the customer.

§ Return of Goods

Return of goods will only be accepted if agreed in writing by the Seller in which even the Seller shall be entitled to recover from the Buyer a handling charge being not less than A$15.00 or 15% of the selling price of the Goods (whichever is the greater). All goods must be new and of current design and have to be in resaleable condition as approved by The Seller.

§ Assignability

The contract of which these conditions form part is personal to the Buyer who shall not assign benefit thereof without the Seller's written consent.