TERMS AND CONDITIONS OF TRADE
1. DEFINITIONS
In these terms and conditions, unless the context otherwise requires:-
1.1."GST" means Goods and Services Tax or other tax that is substituted or replaces the GST tax.
1.2."the Supplier" means Linkpoint Trading Pty Ltd ABN 76 606 980 983
1.3."the Customer" means any person or persons, company or business entity to whom the Supplier sells or supplies, or proposes to sell or supply, Goods or Services.
1.4."the Goods" means the goods or products supplied or sold by the Seller to the Customer from time to time.
1.5."the Seller" means the Supplier.
1.6."the Services" means any services provided by the Supplier.
1.8."Quote" means any quote that remains valid for 20 days and includes only the Goods.
2. GENERAL
All offers, orders, commissions and deliveries are solely in accordance with our delivery and payment terms, with which the Customer placing the order declares themselves to be in agreement at the time of placing the order. This also applies to future transactions, even if there is no express reference to the delivery and payment terms. These, however, will be made available to the Customer placing the order in the event of an order being confirmed by the Seller. If the order is placed in a way which departs from these terms and conditions, even then only our delivery and payment terms apply, even if we do not contradict them. Thus departures from the norm only apply if these have been expressly recognised by the Seller in writing.
3. QUOTATIONS
Any quotation provided is an invitation to treat only and not an obligation to sell or offer. In the event of any counter offer by the Customer, or any conflict between any Quote or counter offer and this Agreement, this Agreement shall prevail.
4. PRICE
4.1.The price charged for the Goods and Services to be provided to the Customer are as set out in the Supplier's invoice or invoices for those Goods or Services. The Supplier reserves the right to vary any price quoted either orally or in writing. Any Quote given on price is an estimate only.
4.2.The price excludes GST unless specified.
5. TERMS OF PAYMENT
5.1.The Customer will pay to the Supplier cash on delivery (COD) to the Customer of the Goods and the Services being the date of invoice.
5.2.The Supplier reserves the right to grant terms to approved Customers upon such terms and conditions in its absolute discretion.
6. RETENTION OF TITLE TO GOODS
6.1.Title to Goods sold by the Supplier to the Customer will not pass from the Supplier to the Customer until the later of:
(a) unconditional payment in full to the Supplier for those Goods; and
(b) unconditional payment in full of all other amounts owing or unpaid by the Customer to the Supplier on any account, including in respect of Goods and Services previously or subsequently supplied to the Customer.
(c ) unconditional payment in full according to payment terms preapproved by the supplier.
6.2.Payment in full will not be regarded as having been received by the Supplier unless and until payment is made in cleared funds.
6.3.Until such time as title to Goods passes to the Customer under clause 6.1:
(a) the Customer will hold the Goods as a fiduciary and as bailee for the Supplier and will be responsible for any loss, damage or conversion of the Goods;
(b) the Customer must store the Goods in such a manner as to show clearly that they remain the Supplier's property;
(c) the Supplier may enter any premises owned or occupied by the Customer or its agents to inspect the Goods or inspect the Customer's books and records regarding the Goods at any time;
7. INTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION
7.1 The Supplier is the exclusive owner of all of the Supplier’s Intellectual Property in the Products. The customer may not challenge or dispute the Supplier’s ownership of the Supplier’s Intellectual Property. The Customer must not do anything or omit to do anything which could detrimentally affect the ownership of the Supplier’s Intellectual Property.
7.2 The Supplier is not liable or associated with any marketing material produced by the Customer unless there is written consent.
7.3 Each Party undertakes not to use or disclose to any other Person or entity any of the other Party’s Confidential Information and will only use such Confidential Information in good faith and for the proper purposes of this Agreement and subject to any restrictions imposed by the Party that is the provider of the Confidential Information.
8. QUALITY OR DESCRIPTION OF GOODS AND SERVICES
8.1. The Customer shall inspect the Goods immediately on delivery and, within seven (7) days of delivery, give notice to the Supplier of any defect or allegation that the Goods or Services are not in accordance with the Contract. If the Customer fails to give such notice within that time, the Goods and Services shall be deemed to be in all respects in accordance with the Contract and the Customer shall be bound to accept and pay for the same, accordingly.
9. DELIVERY
Liability of the delivery of The Goods shall be organised between the Supplier and Customer before dispatch. From the time of dispatch from the Seller's premises and until delivery, the risk of any loss or damage to or deterioration of the Goods for whatever cause arising shall be borne by the Customer unless the Supplier arranges delivery or is otherwise agreed by the Supplier and Customer.
10. LIABILITY OF SUPPLIER
10.1. To the extent permitted by law, no warranty, condition, description or representation on the part of the Seller is given or implied or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition, description or representation, express or implied as to the state, quality or fitness of the Goods is hereby expressly excluded. Nothing herein shall derogate from or exclude any warranties or conditions necessarily implied by any statute or other applicable law.
11. PRIVACY
The Supplier will from time to time use transaction and company information for marketing purposes as well as assessing credit worthiness.