CONDITIONS OF SALE
- Unless otherwise agreed in writing, the Purchaser shall take delivery of any products ordered at the Purchaser’s nomi-nated delivery address. Products left at unattended sites are at the Purchaser’s risk. Any risk of loss, deterioration or damage from any cause in respect of the products passes on delivery.
- Tasco will not be liable for any non-delivery unless written notification of such non-delivery is received within 7 days after receipt of a statement or invoice that includes reference to non-delivered products. Tasco’s liability in such a case shall be limited to replacement of the products within a reasonable time.
- Tasco retains ownership of the products until the Purchaser has paid for them in full. Where any products are mixed or commingled with any of other products before payment, Tasco will own the resulting mixed or commingled products as if Tasco had supplied the mixed or commingled products. After delivery and while Tasco remains the owner of the products the Purchaser agrees to hold the products as bailee only.
- Payment shall be made by the Purchaser to Tasco within 14 days of the end of the month in which the products were purchased or credit terms agreed between them. Overdue accounts shall incur an administration fee in an amount fixed by Tasco from time to time. Tasco reserves the right to vary the amount of the administration fees in its discretion. The Purchaser agrees to pay any collection costs and expenses (including legal costs on a solicitor/client basis) that Tasco incurs in recovering or attempting to recover any amount owing. All payments shall be made without set-off, counter claim or other deduction (except any compulsory deduction for taxation).
- The law of the State of Victoria applies to these conditions of sale.
- Tasco reserves the right to accept in whole or part any order, or to decline any order, and any order or part order not accepted is deemed cancelled.
- Once lodged with Tasco, an order may not be cancelled, or delivery of it delayed, without prior agreement of Tasco. The Purchaser agrees to pay all costs and expenses incurred by Tasco in any way arising out of an order, prior to ac-ceptance by Tasco of any purported cancellation or variation of any order.
- Where any payment is overdue, Tasco may at its option either cancel un-completed orders, or suspend delivery of any product yet to be delivered, or exercise any other rights open to it against a purchaser for breach of contract.
- PERSONAL PROPERTY SECURITIES ACT 2009 (PPSA)
The Purchaser agrees that:
(a) these conditions of sale are a security agreement for the purposes of the PPSA;
(b) Tasco has a security interest in all products that it has previously supplied to the Purchaser and all after-acquired products that it supplies to the Purchaser in the future in respect of all moneys that the Purchaser owes to Tasco;
(c) the security interest is a continuing security interest until the Purchaser has paid all moneys owing;
(d) it irrevocably waives its right to receive a verification statement under s 157 of the PPSA;
(e) it will reimburse Tasco for all costs, expenses and other charges incurred, expended or payable by Tasco in rela-tion to the filing of a financing statement, or a financing change statement or releasing the security interest created by these conditions of sale;
(f) it will promptly to sign any further documents or provide further information or do any other things that Tasco rea-sonably requires to perfect and maintain perfection of Tasco’s security interest in the products, including costs and expenses relating to enforcement or attempted enforcement of the security interest in respect of these condi-tions of sale;
(g) it is not the owner of the products and as such if chapter 4 of the PPSA applies to these conditions of sale, Tasco and the customer contract out of the enforcement provisions of s115(1);
(h) Tasco is authorised, at any reasonable time, to enter and re-take the goods sold and then re-sell the products and retain the proceeds of the sale without prejudice to its rights to claim the balance of the purchase price and interest from the customer or signatory; and
(i) the provisions of this clause survive the termination of these conditions of sale.
- A purchaser has no right to return products which are not standard carrying stock of Tasco unless such products are defective. Standard products may be returned to Tasco provided that the products are returned within 14 days of the date of supply:
(b) The original invoice is provided;
(c) Notification of return is made to Tasco within 7 days of supply;
(d) The Purchaser pays the restocking fee; and
(e) Freight and other costs, including insurance, are borne by the Purchaser
- Products sold by Tasco carry only such guarantees and warranties as are specified in any catalogue of Tasco or in any catalogues of suppliers of the products to Tasco. The liability of Tasco’s under any such guarantees and warran-ties or otherwise in respect of any damage to or occasioned by the products shall not exceed the invoice value of the products. Tasco will not be liable for any consequential loss. To the extent permitted by law, all conditions and war-ranties as to the condition or quality or merchantability of the products or their fitness for any particular purpose, or as to their having particular attributes, and all other conditions and warranties whatsoever, whether statutory or otherwise, are excluded. Nothing in these conditions of sale shall operate to exclude, restrict or modify in any manner whatsoever the rights conferred on a consumer by the Competition and Consumer Act 2010 or any other Commonwealth, State and Territorial Laws that cannot lawfully be excluded, restricted or modified. Any liability implied for breach of any such condition or warranty shall be limited to the replacement of the product or the supply of the equivalent or payment of the cost of acquiring or replacing the product
- These conditions shall apply to all orders for products placed by the Purchaser with Tasco to the exclusion of all other terms and conditions unless otherwise expressly agreed in writing.
- Tasco reserves the right to vary the terms and conditions of sale at any time by giving 30 days prior notice in writing to the Purchaser of any variation.