1. Orders are accepted on buyer’s acceptance of BPF’s Terms and Conditions. Title of goods remains with BPF until payment is received in full. Any damage or loss of goods that are delivered to buyer where BPF has title, buyer shall pay in full.
2. These terms and conditions represent the complete agreement of the parties, and no terms and conditions in any way adding to, modifying or otherwise changing the provisions herein shall bind BPF unless made in writing and signed and approved by an officer or other authorised person at the office of Bondi Pipe Freezing Pty Ltd.
3. Minimum order charge is A$100.00
4. The delivery of service estimate is effective from date of receipt of purchase order by BPF or from acceptance by BPF of applicable specifications including drawings, which ever is later and is based on best information available. Any service date or schedule referenced hereon is an estimated service or delivery date or schedule and shall not be binding on BPF or considered relied on by Buyer unless BPF has specifically agreed date or schedule in writing in separate agreement exclusively for that purpose.
5. BPF shall not be liable for delays in shipment or default in delivery of service for any cause beyond BPF'S reasonable control, including, but not limited to, the following; A) fires, floods or other casualties; B) wars riots civil commotion embargoes, governmental regulations or Marshall Law; C) BPF’s inability to obtain necessary materials from its usual sources of supply; D) existing or future strikes or other labour troubles affecting production or shipment, whether involving employees of others, regardless of responsibility or fault on the part of the employer or E) other contingencies of manufacture or shipment. In the event of any delay in BPF’s performance due in whole or in part to any cause beyond BPF’s reasonable control, BPF shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer for any goods shall constitute a waiver by Buyer of any claim for damages on account of any delay in delivery of such goods.
6. Delivery of goods or service by BPF to the Buyer’s site shall be deemed delivered to the Buyer, and risk of loss or damage shall be Buyer’s. Any claim by Buyer against BPF for shortage or damage occurring prior to such delivery must be made in writing within five (5) days after receipt of shipment by original transportation bill signed by carrier noting that carrier received goods from BPF in the condition claimed. Any damage/loss of goods by buyer prior to full payment, buyer shall pay the amount in full.
7. All prices are Ex BPF's Alexandria store unless specifically agreed exclusively with the Buyer.
8. BPF Standard Credit Terms are as follows: 30 days from date of invoice. In accordance with the security of payment act (NSW) all accounts exceeding 30 days will attract interest and administration charges. In the event of non payment by a buyer, BPF may withdraw any further credit and stop any further supply of goods or services. In the event of the account being in default and being referred to an external party for collection the customer shall be liable for all resulting costs arising from the recovery, including commission which would be payable if the account is paid in full and legal costs including demand costs. By requesting service of delivery from BPF you are deemed to accept these terms and conditions.
9. Buyer may terminate this contract in whole or in part upon notice in writing to BPF.
10. Waiver by BPF of any breach of these terms and conditions shall not be a waiver of any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right which may be at any subsequent time.
Signed: ______________________________________
Printed Name: ______________________________________
Position: ______________________________________
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