Perth Pressed Metal

Legal

Purchase Terms & Conditions

Distinctive Building Products Pty Ltd trading as Perth Pressed Metal (hereafter referred to as “PPM”) will only agree to supply and deliver goods and services to the Customer upon the following conditions:

1. PRICES NET OF TAXES AND FREIGHT

Prices quoted, unless otherwise stated, are net, exclusive of freight charges, sales tax or goods and services tax (“GST”). Prices for goods are subject to change without notice. Sales tax or GST, where applicable, will be charged at the appropriate rate ruling at the date of invoice. The cost of any special packing and packaging materials used in relation to the goods shall be at the customer’s expense. Freight will be charged at prevailing rates.

2. DELIVERY

Any time quoted by PPM for delivery of goods or services is an estimate only and PPM is not liable for late delivery, or non-delivery, for any reason. If PPM is delayed by any circumstance or event beyond its control, then it may suspend delivery or extend the delivery or supply time. PPM shall not be liable to the Customer for any consequential loss or damage arising from such delay or non delivery or non supply. The Customer must notify PPM, in writing, within fourteen (14) days of the despatch of the goods by PPM, of any damaged goods or goods which were not delivered as ordered.

3. PAYMENT

Payment of the invoiced amount, including sales tax or GST, must be received, without deduction, by PPM within thirty (30) days from point of invoice during which the goods or services were invoiced. If the Customer commits any act of insolvency, all money due and owing by the Customer to PPM, whether by way of credit or otherwise, will become due and payable immediately. PPM reserves the right to suspend, with or without notice, any deliveries of goods or services if any payment due by the Customer to PPM is overdue. The Customer must pay interest on the overdue amount, at 12 percent per annum, from the due date for payment until paid. The Customer must pay all costs and expenses (including legal costs) which may be incurred by PPM in the attempted recovery of the overdue amount.

4. RISK IN THE GOODS

The risk in the goods shall pass to the Customer when the goods are dispatched by PPM to the address for delivery specified by the Customer or upon collection of the goods by the Customer’s agent or carrier as the case may be. PPM is not responsible for any loss or damage to goods in transit.

5. TITLE TO PASS UPON PAYMENT

Title to the goods shall not pass to the Customer until payment for the goods is received by PPM. If the Customer does not pay for any goods in accordance with these Terms of Trade, PPM is hereby irrevocably authorised by the Customer to enter the Customer’s premises (or any premises under the control of the Customer or as agent of the Customer if the goods are stored at premises) and use reasonable force to take possession of the goods without liability for the tort of trespass, negligence or payment of any compensation to the Customer whatsoever.

5A. PERSONAL PROPERTIES SECURITIES ACT

The Customer acknowledges that by virtue of Clause 5 PPM has a security interest in the Products (as well as the proceeds of any insurance claim in respect of the Products) for the purposes of the Personal Property Securities Act 2009 (Cth) as amended (the “PPS Act”) and to the extent applicable the PPS Act applies.

The Customer acknowledges and warrants that the Customer conducts a commercial operation and that any goods or materials purchased from PPM are not purchased by the Customer predominantly for personal domestic or household purposes and the Customer and any guarantors agree to indemnify PPM for any loss or damage arising from any breach of such warranty. The Customer acknowledges that PPM may do anything reasonably necessary, including but not limited to registering any security interest which PPM has over the Products on the Personal Property Securities Register established under section 147 of the PPS Act Order to perfect the security interest and comply with the requirement of the PPS Act. The Customer agrees to without charge provide all such information and do all things reasonably necessary to assist PPM to undertake the matters set out above. The Customer waives pursuant to s.157(3)(b) of the PPS Act the right to receive notice of a verification statement in relation to any registration on the register. The Customer and PPM agree that, pursuant to section 115 of the PPS Act, the following provisions in the PPS Act do not apply in relation to a security interest in the goods to the extent, if any, mentioned (words in this provision have the same meaning as in the PPS Act):

  1. section 95 (notice of removal of accession)
  2. section 129 (disposal by purchase)
  3. section 125 (obligation to dispose of or retain collateral) in that PPM may extend the time for delay as PPM considers appropriate
  4. section 130 (notice of disposal), to the extent that it requires the secured party to give a notice to the grantor before disposal;
  5. paragraph 132(3)(d) (contents of statement of account after disposal)
  6. subsection 132(4) (statement of account if no disposal);
  7. section 135 (notice of retention)
  8. section 142 (redemption of collateral)
  9. section 143 (reinstatement of security agreement);

6. DISCLOSURE OF CUSTOMER INFORMATION

The Customer authorizes PPM to obtain a credit report concerning the Customer’s credit worthiness and consents to any credit report concerning the Customer being made available to PPM for the purpose of assessing the credit worthiness of, or the prospect of future dealings with the Customer or the accuracy of information provided by the Customer to PPM, from time to time. The Customer further authorizes PPM to exchange or disclose any information concerning the Customer’s credit worthiness with or to any person or source. The Customer acknowledges that information may be disclosed to a credit reporting agency as permitted under the Privacy Act 1988, as amended.

7. CUSTOMER SPECIAL ORDER

PPM reserves the right to demand a deposit for orders of non stock items or for the manufacture of goods to Customer’s specifications. PPM shall not be responsible for errors in Customer’s specifications. Customer may not cancel such orders without the written consent of, and on terms satisfactory to PPM. PPM will not accept returns of goods made to Customer’s specifications unless defective.

8. RETURN FOR CREDIT

All cancellations and returned goods must be notified in writing and must be made within fourteen (14) days of the invoice date to receive a credit. No credit will be given for returns outside this period. Such notification should state the date and number of the invoice and the reason for return (e.g. faulty, damaged, wrongly delivered, or late delivery of back order). Approval to return goods for credit must first be obtained from PPM who shall have an absolute discretion in granting any such approval and the terms of any such approval. All goods returned for credit are to be clearly consigned to PPM and must be in the original packaging and in a saleable and undamaged condition. If PPM accepts that the reason for the claim for credit is due to PPM’s fault then the cost of freight shall be borne by PPM, otherwise the cost of freight will be borne by the Customer.

9. LIMITATION OF LIABILITY

To the fullest extent permitted by law, PPM and its servants and agents are not liable for any loss or damage (including without limitation loss or damage caused by the negligence of PPM or its servants or agents and incidental and consequential loss or damage) arising from or in connection with the supply of goods or services.

To the extent permitted by law, the liability of PPM or its servants or agents (including liability for negligence) is limited to:

  • in the case of goods, the replacement or re-supply of equivalent goods or the cost of such replacement or re-supply (whichever is the lesser); and
  • in the case of services, the re-supply or the cost of the re-supply of such services (whichever is the lesser).

PPM is not liable for any loss or damage the Customer may suffer if PPM cannot do what it has promised because of events beyond its reasonable control.

10. ENTIRE AGREEMENT

The Customer acknowledges that these Terms of Trade constitute the entire agreement of the parties as to the supply of goods or services by PPM to the Customer and prevail over any conditions which the Customer may seek to introduce in the Customer’s purchase order. These Terms of Trade may not be varied without prior written agreement of PPM.

11. WAIVER

The failure, delay, relaxation or indulgence on the part of PPM in exercising any power or right conferred upon PPM by these Terms of Trade does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these Terms of Trade.

12. GOVERNING LAW

These Terms of Trade shall be construed in accordance with the law in force in Western Australia, Australia and the parties agree to submit to the jurisdiction of the Courts of that State.

13. SEVERANCE

These Terms of Trade are qualified by any provision of a law which applies and which cannot be excluded. If any provision of these Terms of Trade is deemed to be unlawful or unenforceable, such provision shall be severed from these Terms of Trade and all other provisions hereof shall remain in force to the fullest extent permitted by law.