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Independent Wholesale Welding Supply

Terms & Conditions

Definitions

(i)    "IWWS" means Independent Wholesale Welding Supply;

(ii)   "Goods", unless the context specifies otherwise, means all goods supplied by IWWS

       to the Buyer;

(iii)  "Services" means all services supplied by IWWS to the Buyer and includes delivery

       and installation of Goods;

(iv)  "Buyers" means the person or entity acquiring the Goods and/or Services; 

(v)  "Goods Return Authority Number" means the number allocated to a Buyer by IWWS

       when a Buyer seeks to return delivered Goods.

 

1. General Conditions

         Unless otherwise previously agreed in writing by IWWS, these Trading Terms &

       Conditions ("Terms and Conditions") apply to any contract and extend to cover any and

      all transactions between the Buyer and IWWS. Acceptance of any quotation or any

      request by the Buyer or order (whether written or verbal) for supply of Goods or

      Services shall be deemed to be the Buyer's acceptance of these Terms and Conditions,

       notwithstanding any inconsistencies which may be introduced in the Buyer's quotation,

       request or order and notwithstanding IWWS's failure to object to any contradictory,

       contrary or additional conditions in the Buyer's quotation, request or order.

 

2. Goods & Services Tax and Cancellation Charges

         The Buyer is responsible for the reimbursement to IWWS of GST where applicable.

       If at any time after the commencement of manufacture or acceptance of any quotation

       the Buyer cancels or terminates the contract entered into with IWWS, IWWS may apply,

       without prejudice, cancellation charges covering all work done, material ordered or

       allocated and compensation for loss of profit.

 

3. Prices

      Unless otherwise agreed by IWWS in writing:-

 (i)    The price of Goods and/or Services shall be that ruling at the date of delivery thereof

        notwithstanding that delivery may be delayed by agreement or otherwise.       

        All orders are accepted subject to this condition and prices may be varied at any time

        without notice;

 (ii)   All quoted prices are ex IWWS premises. A freight surcharge may be applied;

 (iii)  The Buyer will pay to or reimburse IWWS (except where such payment or reimbursement

        is expressly prohibited by statute) all stamp duty and other Government duties, taxes

        and fees, together with expenses which IWWS may be liable to pay from time to time

        in connection with the supply of Goods and/or Services to the Buyer.

 (iv) Price discrepancies on invoiced goods will not be recognised after twenty one (21) days from

       delivery. All discrepancies must be made to IWWS within twenty one (21) days of the

       date of delivery.

 

4. Terms of Payment

      Unless otherwise agreed by IWWS in writing:-

(i)    Invoices are payable in full within forty five (45) days from the date of such invoice.

        Statements are not issued.

        IWWS reserves the right to terminate any terms of payment arrangements of any time and

        thereupon and monies owing forthwith become due and payable.

 (ii)   In all other circumstances, terms of payment are cash with order or cash prior to delivery.

        There is no discount for cash payment or early payment.

 

5. Deliveries

(i)    Terms of delivery specified in the quotation are deemed to commence once IWWS receives

       the Buyer's official order incorporating all necessary information required by IWWS.             

(ii)   IWWS reserves the right to alter terms of delivery at any time.

(iii)   Delivery does not include unloading unless specifically stated on the quotation.

(iv)  Delivery periods are estimates only and IWWS will not be liable for any loss or damage cause

       to or suffered by the Buyer as a result of IWWS being unable to fulfill delivery within such period.

       IWWS agrees to use reasonable endeavours to deliver in accordance with terms of delivery.               

(v)   For orders for Goods (within Australia) exceeding $1,000.00 (excluding GST) freight will be paid

       by IWWS. Such Goods will be shipped by IWWS's nominated road freight carrier at the Buyer's risk.

       The Buyer acknowledges that it is responsible for insurance of the Goods ex IWWS premises.

(vi)  For orders of Goods of less than $1,000.00 (excluding GST) and for Goods delivered via Australia

       Post or Air Freight, cost of freight will be invoices to the Buyer.

(vii) On request IWWS may quote for freight on Goods when order is placed in respect of sea fright

       and air carriage.

       All quotes in respect of freight are subject to change. All freight and customers clearance costs

       in respect of sea freight and/or air freight are a cost to the Buyer.

(viii) Delivery will be made during normal working hours (i.e. Monday to Friday 8.00am to 5.00 pm).

        If the Buyer is unable accept delivery of the Goods on delivery, then the Buyer shall be liable

       to pay any storage costs incurred by IWWS or it's agents.

 

6. Liability

       IWWS shall not be liable for any direct, indirect, or consequential loss howsoever and

       whatsoever arising PROVIDED HOWEVER that if under any applicable Statute or rule of law IWWS

       is held to be liable to the Buyer for damages for breach of these Terms and Conditions such

       damages shall be limited (at the discretion of IWWS if the breach relates to the supply of Goods) to:-

(a)  the replacement of the Goods or the supply of equivalent goods;

(b)  the repair of the Goods;

(c)  the payment of the cost of replacing the Goods or acquiring equivalent goods;

(d)  the payment of the cost of having the Goods repaired.

       Except as otherwise provided by law, Goods are sold and advices given in good faith and on the

       condition IWWS, its servants and its agents are not liable in contract, tort (including negligence)

       or otherwise for any loss, damage or injury to persons or property arising therefrom.           

 

7. Title of Goods

(i)    Property in the Goods supplied shall not pass to the Buyer until payment in full for the Goods

       has been received by IWWS.

(ii)   Until property in the Goods passes to the Buyer, the Buyer must clearly mark and identify the Goods

       wherever they may be situated or installed as the property of IWWS.

(iii)  If the Buyer fails to make payment in accordance with these conditions of sale, the Buyer assigns

       his right to payment from a third party to IWWS.

 

8. Warranty

       IWWS warrants that Goods supplied are fit for the purpose for which they are designed and for the

       conditions specified in such information as is supplied by IWWS at the time of quotation.

       In the event of any defect, the liability of IWWS will be limited to:-

(a)  Replacement of faulty item on freight free return of faulty item to IWWS and approval by original

       supplier of such item that such fault is a defect not due to misuse, mishandling or operation

       outside of recommended parameters by the Buyer;

(b) IWWS will not be responsible for any loss of trade profit or for any consequential loss by the Buyer.

 

9. Return of Unused Goods

(i)    Unused Goods returned to IWWS will not be recognized or accepted after twenty one (21) days

       from delivery.

(ii)   Goods must be returned in their original new condition, unused, and in the original packaging,

       be standard stock items in current production and readily re-saleable at current prices.

       Goods cut to length, specifically made, altered, used or damaged are not returnable for credit.

(iii)  Goods returned must be accompanied by a Goods Returned Authority Number issued prior to return.

       Goods returned without a Goods Returned Authority Number will be returned to the

       Buyer at the Buyer's expense.

(iv)  IWWS will not accept freight costs for returns, except for defective Goods shipped in error.

       IWWS will nominate a freight carrier for defective Goods to be returned to IWWS depot.

(v)   IWWS accepts no responsibility for any delays in passing credit caused by goods begin incorrectly

       branded or returned to any destination other than to the IWWS depot nominated on the Goods

       Returned Authorisation or when goods are returned without a Goods Returned Authority.

(vi)  Issuing a Goods Returned Authorisation Number and/or acceptance of delivery of goods returned for

       credit does not signify an agreement to issue a Credit Note. A Credit Note will only be issued after

       IWWS has inspected the Goods subject to Clauses 9(i) and 9(ii).

(vii) When satisfied, credit will be given for returned Goods at the price originally charged, less:-

        (a) cartage or delivery charges to and from IWWS warehouse;

        (b) an inspection and re-stocking charge of twenty percent (20%) of the value of the goods.

 

10. Short Shipment of Goods

       Short shipment of goods will not be recognised after twenty one (21) days from delivery.

        All discrepancies must be made to IWWS within twenty one (21) days of the date of delivery.

 

11. Rights of IWWS

         If IWWS elects not to exercise its rights, entitlements or any other action as provided for in

       these Terms and Conditions it shall not prejudice IWWS's right to exercise such rights,

       entitlement or other action in any other related matter under such Terms and Conditions.

 

12. Force Majeure    

       IWWS shall not be liable to the Buyer whatsoever for any defect, loss, damage or delay

       caused by strikes, lockouts, damage to or break down of plant, Government interference,

       earthquake, civil commotion, force majeure or any other cause beyond it's control.

 

13. Conditions

       Any Terms and Conditions shown on any Quotation Form issued by IWWS shall be in addition to,

       and shall not derogate from these Terms and Conditions.

 

14. Risk

        The risk in the Goods purchased shall unless otherwise agreed inwriting pass to the Buyer in

       accordance with the agreed delivery terms.

 

15. Conditions Unlawful

         If any of these conditions are unlawful, or invalid under an applicable Statute or rule of law,

       they are to that extent to be deemed omitted.