Standard Conditions of Sale

Price:

1.1    The price of the goods will be that ruling at the date of delivery.

Payment:

2.1    Payment shall be made without deductions on the 20th of the month following date of delivery of the goods (or any of the goods). No payment shall be withheld, reduced or deferred on account of any claim, counterclaim set off or otherwise.

2.2    (a)    If full payment is not made to Harrier Manufacturing by the due date then the moneys in default at the rate of 1.5 per cent per month + GST (or such lower rate as Harrier Manufacturing may decide) this being payable on a daily basis from the due date.  Such interest shall continue to accrue until payment.  Any discount given shall be reversed and the amount owing increased accordingly.

        (b)    The customer shall be liable for all expenses and legal costs incurred by Harrier Manufacturing as a result of the default.

2.3    In any case where the buyer is acting as a contractor or sub-contractor, the company may at its discretion at any time withhold delivery of any goods until the buyer has obtained an undertaking from the head contractor or owner with security if the company deems that necessary to make payments due to the company direct to the company.  Where the buyer is a company the company may withhold delivery of any goods until such personal guarantees as the company may deem necessary from directors and/or shareholders have been given.

Delivery:

3.1    All claims for errors or short delivery must be made within 7 days of delivery.

3.2    The company will not be liable for loss or damage arising from delay in delivery.

Reservation of Title:

4.1    Until payment has been made of all amounts owed by the customer to Harrier Manufacturing (whether or not those amounts or any part thereof are owed in respect of the goods or any contract between Harrier Manufacturing and the Customer) the following shall apply:

        (a)    Legal and equitable ownership of the goods shall not pass to the Customer notwithstanding the appropriation of the goods to any contract or the delivery of the goods to any carrier or the delivery of the goods to or as directed by the Customer.

        (b)    The goods are to be dealt with by the Customer only as a fiduciary agent and/or bailee of Harrier Manufacturing.

        (c)    The Customer assumes the full risk in the goods from the date of their delivery by Harrier Manufacturing.

        (d)    The Customer shall keep the goods separate and readily identifiable.

        (e)    The Customer irrevocably authorises Harrier Manufacturing immediately upon default without the necessity of given notice to enter on and into any property or premises owned or occupied by the Customer (by the force if necessary) to search for and remove all or any goods and to sell or otherwise dispose of the goods removed and credit the sale proceeds towards the amounts owed.  If all or any of the goods are wholly or partially attached to, intermingled with any other goods, Harrier Manufacturing may sever the goods in order to remove them.  Harrier Manufacturing shall not be liable for any damage caused in exercising its rights under this clause.  If goods are incapable of severance then the totality shall be deemed owned as tenants in common with other contributors in shares corresponding to the amount paid by the Customer to each contributor.

        (f)    If all or any of the goods have been disposed of by the Customer for valuable consideration or so as to create a debt owed to the Customer then the Customer assigns irrevocably all title to that consideration to Harrier Manufacturing.

        (g)    If all or any of the goods have been lost, damaged or destroyed in circumstances that entitle the Customer to claim under any insurance policy the Customer authorises Harrier Manufacturing to act in all respects as the Customer in making or pursuing the claim, and crediting any amount received towards the amounts owed.  The Company shall have no liability to the Customer in respect of the processing of such claim. 

        (h)    If the Customer is a company and the company is otherwise precluded from enforcing the provision hereof, the parts hereof creating a charge will be severed here from so that the remaining provision remains binding and enforcable.

Risk:

5.1    The customer bears the risk of any loss, damage to or destruction of the goods due to any cause whatsoever from the time Harrier Manufacturing give possession of the goods to a carrier or if Harrier Manufacturing delivers the goods in its own vehicles from the time of the arrival of the vehicle at the place of delivery.

Liability: 

6.1    The local liability of Harrier Manufacturing for any loss, damage or injury arising directly or indirectly from any defects in or non-compliance of the goods or any other breach of Harrier Manufacturing's obligations under this contract will not in any event exceed the purchase price of the goods.

6.2    The goods shall be inspected by the Customer immediately following delivery.  Claims on any grounds must be made in writing within 7 days of delivery and if they are not made within this time the Customer shall be deemed to have accepted the goods as being in accordance with contract.  The Customer shall have no claim in regard to goods which have already been processed, altered or in any way utilised by the Customer.  No claim shall be ground for withholding any payment due.

Privacy:

7.    The buyer authorises the company to give to any agency as defined in the Privacy Act 1993 any information concerning the buyers account and payments history which the company deems appropriate.

 

 

 

 

 

 




 

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