All goods and services purchased from Half Price Insulation and any of its divisions are sold subject to the following terms and conditions of sale which shall prevail notwithstanding any other document, terms and conditions and/or anything else except a written agreement signed by the Customer and the Company, except only for such terms, guarantees, indemnities or other obligations as are implied or imposed by or under any law and which cannot be excluded.
Price & Goods and Services Tax (‘GST’) The price will be the price current at the time of order or supply unless otherwise agreed in writing. GST and/or any other Government imposts whatsoever applicable to the supply of goods and/or services will be payable by the Customer
Payment Terms:
Payment for goods and services purchased from the Half Price Insulation, – 30% deposit -30% before manufacturing – 30% before delivery – 10% on completion.
The Customer shall not be entitled to retain any money owing to Half Price Insulation notwithstanding any default or alleged default by the Company including the supply of defective or allegedly defective goods or delay or alleged delay in supply
Default:
If the Customer defaults in any payment, or if in the opinion of Half Price Insulation, the Customer is unlikely to be able to meet its liability as it falls due then Half Price Insulation may at its option:
(i) require payment forthwith of all amounts owing by the Customer to Half Price Insulation, whether or not such amounts are then due for payment including without limitation, all interest, administration and collection charges and all legal costs and any payment by the Customer shall be first applied to such charges and costs.
(ii) terminate any contract or contracts in relation to goods which have not been delivered.
Reservation of Title:
Property in any goods supplied by Half Price Insulation and any proceeds arising therefrom shall remain the sole and absolute property of Half Price Insulation as legal and equitable owner until the full price for all goods and services supplied is received by Half Price Insulation.
Caveat:
The Customer hereby charges in favour of the Company as security for the Customer’s obligations to the Company, all right title and interest in any land held now by the Customer alone or jointly with anyone or acquired by the Customer at any time hereafter as beneficial owner and as trustee of every trust. If the Customer defaults in payment of any amount owed to Half Price Insulation, the Customer specifically authorises Half Price Insulation to lodge a caveat against any dealings with any such property and appoints the Company to be the Customer’s Attorney for this purpose.
Orders and Cancellations:
(i) Half Price Insulation may in its absolute discretion refuse to supply goods or services for any reason whatsoever.
(ii) Once an order has been accepted by the Company, the Customer can only cancel, vary or suspend the order (whether in whole or in part) if Half Price Insulation agrees in writing to such cancellation, variation or suspension.
(iii) The Customer agrees to accept delivery of all goods held by the Company or in transit in respect of such order.
(iiii) The Customer agrees to pay all costs, expenses and liabilities incurred by Half Price Insulation in consequence of the cancellation, variation or suspension of the order and accepts consequential delay.
Limitation of Liability:
Half Price Insulation may compute an estimate of dimensions and quantities of goods based on plans or other information given by or on behalf of the Customer any changes by supplied drawings (prior to production) will be additional to the above estimated prices.
Delivery:
(i) Unless agreed otherwise in writing prior to delivery, unloading of goods shall be the Customer’s responsibility and the Company will not be responsible for any damage whatsoever resulting from the unloading of the goods by the Customer or by anyone on its behalf, or by the Company’s employee or agent.
(ii) If the cartage contractor or driver is not satisfied that access to the delivery site is safe the goods will be unloaded at kerbside adjacent to the delivery address.
(iii) Where trucks are held on a site for more than normal time additional costs will apply.
(iiii) Deferred delivery of goods already manufactured for the Customer will incur storage charge of 0.5% per week of invoice value.
Acceptance:
Acceptance of this quotation becomes a form of contract and will be taken as an acceptance of these conditions of sale and quotation.