1. In these Conditions of Sales & Terms

“Stainless Steel Wire & Mesh Pty Ltd” means Stainless Steel Wire & Mesh Pty Ltd (ACN 101 704 821)(ABN 68 101 704 821) of 3 Commercial Court, Tullamarine, VIC 3043

“the Customer” includes any person by whom or on whose behalf Goods are ordered from Stainless Steel Wire & Mesh Pty Ltd or any other person by whom or on whose behalf a contract for sale of the Goods has been made and/or signed.

“the Goods” the Goods described on any invoices or orders.

2. Payment Terms

a) All amounts invoiced to the customer are payable on or before the last day of the terms agreed to.
b) If any amount invoiced is not paid within the agreed terms then all amounts invoiced by Stainless Steel Wire & Mesh Pty Ltd shall become due and payable immediately.

3. Payment

a) All payments are to be made by electronic funds transfer into Stainless Steel Wire & Mesh Pty Ltd bank account.
b) Other methods of payment may only be used with written approval from SSWM’s accounts department.

4. Claims

a) Any claim made by the Customer for credit must be made in writing within 48 hours of the date of invoice.
b) Stainless Steel Wire & Mesh Pty Ltd may refuse claims after that time.

5. Cancellation

a) A contract once having being entered into shall not be broken other than by common consent of the parties concerned and on terms and under conditions, laid down by Stainless Steel Wire & Mesh Pty Ltd and the cancellation fee shall be calculated to include all out of pocket expenses, including labour, materials, services, overhead expenses and profit that Stainless Steel Wire & Mesh Pty Ltd considers equitable in accepting cancellation.

6. Returns

a) Stainless Steel Wire & Mesh Pty Ltd will not accept return of goods without prior approval.
b) Approval may only be given if a request is received within 14 days of delivery. No specially manufactured or cut off the roll orders will be accepted for return.
c) All Goods returned are subject to inspection to ensure they are in a saleable condition. Stainless Steel Wire & Mesh Pty Ltd may refuse credit against goods not satisfying their inspection.
d) A restocking fee of 30% will apply for all goods approved by Stainless Steel Wire & Mesh Pty Ltd for return.

7. Shortages

a) The Customer agrees to report any shortages of goods from the quantities described in the invoice within 24 hours of receipt of the goods.

8. Delivery

a) Except where the contractual arrangement is free into store, supply by Stainless Steel Wire & Mesh Pty Ltd will be deemed to have occurred upon delivery to the nominated carrier and the goods will be at the customer’s risk.
b) Stainless Steel Wire & Mesh Pty Ltd will make all reasonable efforts to deliver all products and services on the date agreed but shall not be liable for any failure to deliver or delay in delivery for any reason.

9. Consequential Loss

a) The Customer’s sole remedy for any defective goods or services is the repair or replacement of the defective goods or for the re-supply of the defective services.

10. Title

a) The Customer acknowledges that legal title of the goods shall remain the property of Stainless Steel Wire & Mesh Pty Ltd until Stainless Steel Wire & Mesh Pty Ltd has received payment in full for all goods supplied.

11. Warranty

a) The Customer acknowledges that it is not the practice of Stainless Steel Wire & Mesh Pty Ltd to recommend the Goods are suitable for particular purpose or users and the Customer acknowledges it does not rely, and that it is not reasonable for it to rely, on the skill or judgement of Stainless Steel Wire & Mesh Pty Ltd.
b) All warranties and conditions (other than those referred to in these items and conditions of sale) whether expressed or implied and whether statutory or otherwise as to Goods and/or services supplied by Stainless Steel Wire & Mesh Pty Ltd and as to quality fitness or suitability for any purpose are hereby excluded except to the extent of any non-excludable warranty condition or liability of Stainless Steel Wire & Mesh Pty Ltd provided by the Trade Practices Act 1974 or any other relevant and applicable State and/or Federal Legislation.
c) In no event shall the liability of Stainless Steel Wire & Mesh Pty Ltd exceed the Goods and/or services supplied by Stainless Steel Wire & Mesh Pty Ltd.
d) No servant, agent or contractor of Stainless Steel Wire & Mesh Pty Ltd has any authority to alter these terms and conditions of sale.

12. Credit Limit

a) Stainless Steel Wire & Mesh Pty Ltd may at all times at its sole discretion review, alter or cancel the customer’s credit terms without notice.

13. Conflict of Conditions of Sale

a) If these conditions of sale conflict with the Purchaser’s conditions of purchase, then the Conditions of Sale take precedent.

14. Governing Law

a) This agreement shall be governed by and construed in accordance with the laws from time in force in Victoria and the parties hereto irrevocably submit to the non-exclusive jurisdiction of the courts competent to hear appeals therefrom.

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