"Supplier" shall mean Wassberg Studios ABN:
"Customer" shall mean the person, persons, company,
business or entity stated on this invoice and their agents and assigns.
TERMS AND CONDITONS
- Acceptance of the
goods on this invoice by the Customer shall be subject to the following
terms and conditions. It is expressly agreed that no other terms or
conditions whether implied or stated shall apply.
- All goods are sold
on a F.O.B. basis. Risk passes to the Customer ex Wassberg studios
- Freight ex
Wassberg Studios warehouse will be charged to the Customer. If freight
is prepaid on behalf of the customer it will be recouped on the invoice.
- All deliveries are
sent at the customer's risk; insurance is available on request for an
additional charge but must be requested by the customer at least 24
hours prior to dispatch.
- All orders are
firm and irrevocable unless notification is received in writing prior
to the invoice date, with the exception of Pro Forma orders and non
stock items which shall be firm and irrevocable.
- Pro Forma orders
are firm and binding and shall be paid by the Customer within 14
calendar days from the date of Invoice. In the event that payment is
not made within such a period the Supplier may enforce proceedings for
the recovery of this sum together with interest at the rate of 2% per
month or part thereof, with a minimum charge of $5.00 per month
together with all costs incurred in the recovery of the total sum.
- Any additions to
any order placed by the customer at the request of the Customer will be
on the same terms and conditions set out herein.
- Any Settlement
Discount as negotiated and confirmed in writing by Wassberg Studios may
be deducted for payment with the agreed settlement period only.
- All overdue
accounts will be subject to an overdue account charge equivalent to
interest on all amounts outstanding calculated from the expiry date of
30 days from the invoice date, at a rate of 2% per month or part
thereof, with a minimum charge of $5.00 per month or part thereof.
- All costs incurred
in the recovery of overdue sums will be at the Customer's expense.
any other terms and conditions herein stated, title for any goods
supplied by the Supplier to the Customer shall not pass to the Customer
until full payment has been received by the Supplier for such goods.
The Customer shall act as bailee in custody for goods supplied by the
Supplier and any moneys received as proceeds from sale of such goods.
It is expressly agreed that where such goods or moneys received as
proceeds of sale and not held separately for identification the debt
shall be deemed secured over all the customer's moneys, goods, fixtures
and chattels and/or proceeds of sale of same to satisfy the outstanding
debt. In default of the payment schedule stated herein or any act of
insolvency, the Customer or the customer's agents, assigns or
appointees shall if so requested by the Supplier, surrender and return
at their expense such moneys and remaining stock in good condition and
original packaging to the Supplier.
prejudice to any other terms and conditions herein stated, in default
of the payment terms stated herein, the Customer grants permission for
the Supplier and their agents and assigns to enter upon premises by
peaceful or forced entry and take possession of any monies, goods and
chattels and dispose of same by any means deemed necessary at the
discretion of the Supplier to liquidate the outstanding debt. The
Customer indemnifies the Supplier against any liability and expense
incurred in such action.
agreed that NO CLAIM will be recognised unless written notification
quoting original invoice number is received by the Supplier within 14
days from delivery of the subject goods.
- The Supplier will
accept no returned goods unless prior written authorisation has been
granted and price stickers have been removed. Unauthorised returns will
be returned at the Customer's expense and risk.
- It is expressly
agreed that any dispute arising from or in connection with this
agreement shall be subject to the Courts and Laws of the State of South