- Definitions
“The Seller” means Eegdeman Pty Ltd (ABN 86 246 989 196), trading as KPS www.ncrbooks.com.au. “The Buyer” means any person, firm corporation or entity which purchases or orders goods from the Seller. “Goods” means the paper or other articles or materials described in any invoice issued by the Seller and supplied to, or to be supplied to the Buyer under an order. “Goods and Services Tax” means the tax created by a New Tax System (Goods and Services Tax) act 1999 and its associated legislation.
- Default
If the Buyer makes default in any of the terms of this agreement or, in the opinion of the Seller, commits an act of insolvency then the Seller may suspend credit facilities without notice and the Seller is authorised to request payment and sue for all unpaid amounts irrespective of the date of supply and invoice.
- Price for Goods
The price for Goods shall be the then current price as at the dates of delivery to the Buyer, unless written agreement is reached to the contrary.
- Quotations
Our quotations are provided as a pricing guide not a contractual agreement. If contractual conditions are to apply, they must be in writing by the Seller.
- Delivery
While the Seller will make every effort to deliver goods or perform its obligations by the time and date given by the Seller, it will not be liable for loss arising because of delay in delivery, if being understood that times or dates for delivery are business estimates only and not contractual obligations by the Seller. The Seller may charge a fee for delivery and transport from the Seller’s premises, it is at the buyer’s cost and risk.
- Cancellations and Returns
The Buyer agrees that he shall at no time cancel the whole or part of any order placed without the Seller’s prior approval. The Buyer agrees not to return any Goods which have been custom printed. Goods specially printed will not be credited under any circumstances.
In the event of a printing error or transport damage (if insurance has been taken), any queries regarding printing or finishing errors must be made within 5 working days of receipt of goods. If we confirm that the error is clearly identified as a printing or finishing error, all steps will be taken to rectify or re-print the job. Faulty goods must be returned to our factory before a re-print can occur. If the problem is a result of incorrect artwork the client will be responsible for the reprinting and any associated costs.
- Title
Goods are supplied by the Seller on the condition that full legal title in the goods does not pass to the Buyer until payment in full of all monies owing to the Seller is received.
- Payment
(a) The Sellers payment terms for approved credit customers are strictly nett 7 days from invoice date.
(b) Payment to be cash, credit card (1% surcharge applies), or electronic payment directly into the Seller’s bank account.
(c) The Seller reserves the right at its discretion at any time to withdraw any credit terms and substitute cash for any order.
(d) The Seller may require the Buyer to pay cash in full prior to delivery if in the Seller’s reasonable opinion the creditworthiness of the Buyer is, becomes or is likely to become unsatisfactory.
(e) The Buyer will be liable for all costs of collection and any legal fees incurred by the Seller in recovering any outstanding amounts.
(f) The Buyer must pay to and indemnify the Seller from and against all costs and expenses including debt collection agency fees and legal expenses on a solicitor.
- Finance
An account not paid within 7 days is said to be overdue. In the event that this occurs, a service fee of 18% per annum, compounded, calculated monthly, on the overdue account may be charged and credit facilities withdrawn.
- Goods and Service Tax (GST)
Unless otherwise specifically stated, all prices are inclusive of GST. The Seller agrees to provide the Buyer with a tax invoice as required by the GST legislation.
- Force Majeure
The Seller will not be liable for any costs, expenses, loss, damage, delays, changes in shipment schedules or failure to deliver or perform its obligations caused by Force Majeure.
- Change in Circumstance
Any change in the legal standing address of the Buyer must be in written notification within 7 days of the change taking place.
- Intellectual Property
(a) The Buyer warrants that any design or instruction furnished to the Seller will not cause the Seller to infringe any patent, registered design or trade mark in the execution of the Buyer’s order. The Buyer indemnifies the Seller against any claim, loss, liability, cost and expenses that may be incurred by the Seller as a result of any infringement or unauthorised use of patents, trade marks, designs or copyright arising out of the manufacture or use of the Goods.
(b) The sale and purchase of the Goods does not confer on the Buyer any licence or rights under any patents, trade marks or copyright which is the property of the Seller or any other person.