Fastline Group Pty Ltd’s Terms and Conditions of Supply of Goods
I/We have read, understood and agree to the attached Terms and Conditions relating to the supply of goods by Fastline Group Pty Ltd and understand that the account is arranged on the basis of Pre Paid as per Condition 4.(a) of the attached Terms and Conditions of Supply of Goods.
TERMS AND CONDITIONS OF SUPPLY OF GOODS
IT IS AGREED:
1. These terms and conditions apply in respect of all goods supplied by the Supplier to the Customer at any time from the execution of these terms (“The Goods”).
2. The Supplier will supply to the Customer the goods specified in each invoice.
3. Goods will be supplied in the quantity, at the price and will be delivered to the location as specified in each invoice.
4. Goods are purchased by the Customer subject to the following:
(a) terms and conditions of payment for Goods will be Prepaid
(b) it is acknowledged that all Goods are fully described in writing on the invoice under which the specific Goods are supplied to the Customer including their name, nature and value;
(c) all freight charges specified in any invoice will be paid as part of the purchase price for the goods specified in that invoice by the Customer;
(d) the Supplier shall not be bound by any agreement purporting to vary these conditions unless that agreement shall be in writing and signed on behalf of the Supplier by an authorised officer of the Supplier;
(e) the Customer acknowledges that by accepting delivery of any Goods it will be bound by and comply with these terms and conditions:
(f) in the event of any agreement between the Supplier and the Customer requiring any handling, installation, removal, assembly or erection of any kind whatever, that service is undertaken strictly on the basis that the Supplier accepts no liability for any loss, damage or injury or any kind whatever however arising caused or incurred during the performance of that Service. This disclaimer extends to include not only loss of or damage to itemised Goods themselves, but loss, damage or injury to any person, property or thing damaged during the provision of such services, and to include any loss consequently or otherwise arising from any such damage or injury.
5. The Supplier will deliver the Goods only by special arrangement and then providing suitable and safe transport, loading and unloading facilities are available at all requisite hours to enable delivery. Without limiting the generality of Clause 18, the Supplier will not be responsible for any non-delivery due to strikes, lockouts, trade union action or any other such cause beyond its control.
6. Should the Customer not be in attendance at the delivery address specified in an invoice during normal trading hours when delivery is attempted, an additional charge may be made by the Supplier at the rate specified in that invoice for each call until delivery is accomplished.
7. The Customer authorises the Supplier (if the Supplier should think fit) to arrange with an independent contactor or sub-contractor the cartage, delivery, storage, handling, installation, removal, assembly or erection of the Goods.
8. Title to all Goods supplied to the Customer by the Supplier will not pass to the Customer until the Customer has paid the Supplier in full for all Goods that have been delivered to the Customer, whether or not the Goods were delivered at different times, are the Subject of separate invoices or, after delivery, can be determined by the Supplier to be the subject of a specific invoice. Until then, the Customer holds all Goods as bailee and fiduciary agent and must:
(a) keep the Goods in good condition and in its possession and control;
(b) store the Goods separately, mark them so that they are easily identifiable as the Supplier’s property and inform the Supplier of their location if requested;
(c) separately identify the Goods and the Supplier's ownership interest in them, in the Customers records: and
(d) not sell, assign or lease the Goods or any interest in them, or permit any charge, pledge, lien or other encumbrance to be created in relation to them,
but, despite the above, may sell the Goods as fiduciary agent of the Supplier (without any right to create any liability of the Supplier to any third party except if permitted by this agreement or where created by statute) in the ordinary course of business.
10. If the Customer sells any Goods while they remain the properly of the Supplier, then:
(a) in partial or total discharge of the amount owing for all Goods, the Customer holds the proceeds of sale received on trust for the Supplier up to the amount it owes the Supplier in respect of all Goods supplied to the Customer by the Supplier; and
(b) the Customer must immediately pay that amount to the Supplier upon receipt.
Despite any statement to the contrary by the Customer, every payment to the Supplier in respect to Goods will be taken firstly to be a payment of such amounts held in trust, secondly for any Goods that the Customer has sold but for which it has not received proceeds and finally for any Goods that the Customer has not sold, unless expressly agreed otherwise by the Supplier in writing (which will not include an ordinary acknowledgment that an invoice has been paid).
11.1 For the purposes of this clause, the following events are Insolvency Events:
(a) the Customer becomes an externally - administrated body corporate under The Corporations Act 2001;
(b) Steps are taken by any person towards making the Customer an externally-administered body corporate (but not where the steps taken consist of making an application to a court and the application is withdrawn or dismissed within 14 days);
(c) a controller (as defined in section 9 of the Corporations Act 2001) is appointed over any of the property of the Customer or any steps are taken for the appointment of such a person (but not where the steps taken are reversed or abandoned within 14 days);
(d) the Customer is taken to have failed to comply with a statutory demand within the meaning of section 459F of the Corporations Act 2001 ; or
(e) a resolution is passed for the reduction of capital of the Customer or notice of intention to propose such a resolution is given, without the prior written consent of the Supplier;
(f) an event happens analogous to an event specified in subclauses 11.1 to (a) to (e) to which the law of another jurisdiction applies and the event has an effect in that jurisdiction similar to the effect which the event would have had if the law of Australia applied.
11.2 If any of Insolvency Events described in clause 11.1 occurs in relation to the Customer then:
(i) the Customer's rights under Clause 10 to sell or incorporate the Goods will cease immediately; and
(ii) the Customer must, as part of its fiduciary obligations, immediately return to the Supplier the Goods in which title has not passed and, subject to the Supplier setting off any other amount owed by the Customer, the Supplier must repay to the Customer any amount paid to the Supplier by the Customer for those Goods.
11.3 The Supplier is hereby granted a licence and authorised to take all steps reasonably necessary both to enter any premises where the Supplier believes the Goods are stored, and to take possession of the Goods.
11.4 The above subclauses do not limit or exclude the Supplier's interest as principal in the property (such as a debt) exchanged by the Customer as fiduciary agent of the Supplier for any Goods. The Customer must not sell or encumber that property in any way, in law or in equity. This subclause is separate and severable from the other provisions of this clause 11.
12.1 If the Customer fails to pay any sum of money owing to the Supplier for the supply of Goods by the due date for payment, the Customer will on demand pay to the Supplier interest at a rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983 (Vic), computed on the sum of money overdue during the period of default and without prejudice to any other rights the Supplier may have against the Customer.
12.2 The Customer will indemnify the Supplier for all reasonable expenses incurred by the Supplier as a result of late payment for Goods supplied by the Supplier, including, without limitation, the cost of service of notices or demands and legal costs, to be assessed on a solicitor-own client basis.
13. Except as may be provided by a manufacturer independent of the Supplier or as are implied or included by law, all warranties, undertakings, inducements or representations whether express or implied relating in any way to the Goods or to this Agreement are excluded and no oral or written information or advice given by the Supplier its servants, agents or employees shall create a warranty or in any way increase the scope of any warranty implied by law.
14. In no event shall the Supplier be liable for any special, incidental, indirect or consequently damages including damages for loss of business profits, business interruption or loss of information which may be suffered or incurred or which may arise directly or indirectly as a result of the use of the Goods by the Customer, apart from loss caused or occasioned by any criminal acts of the servants agents or employees of the Supplier.
15. These terms and conditions must be read having regard to the provisions of the Trade Practices Act to the extent that those provisions are applicable to "Customers" as defined under section 48 of that Act. These terms and conditions do not have the effect of excluding restricting or modifying rights under that Act which cannot be excluded restricted or modified by agreement.
16. Without limiting clause 15, if permitted by any national or state fair trading, trade practices or other consumer legislation, the Supplier’s liability for any breach of warranty or condition shall be and is limited to either (a) the replacement of the Goods; (b) the supply of equivalent Goods or Goods of equivalent value; or (c) the correction of any defect in the Goods as the Supplier may reasonably determine necessary.
17. If any part of these conditions is or becomes illegal or invalid then, provided that the illegality or invalidity is not fundamental to the contract the legality validity or enforceability or the remainder of these conditions shall not be affected and the conditions shall be read as if that part of them has been deleted.
18. The parties to this Agreement shall not be liable for any delay or failure to perform their obligations apart from a failure to pay monies validly owing, if that failure or delay is due to any cause or condition beyond the control of that party and in particular, without limitation, any delay, failure, damage or loss due to fire, flood, act of God, industrial disturbance, failure or electrical or telecommunications networks, acts of vandalism, sabotage, civil services disruption, war, changes in legislation or regulations of any government, or refusal or revocation of any licence or consent by the government or any other competent authority.
19. The Customer acknowledges that the Supplier may in its discretion cease to supply credit facilities, Goods, or refuse to accept any order for goods at any time whatsoever, including but not limited to at any time when the Customer is in default of these terms and to the extent permissible by law the Customer releases the Supplier from any liability for doing so.
20. These conditions shall be governed by and constructed in accordance with the laws of the State of Victoria and any proceedings against the Supplier shall be brought in that State and not elsewhere.
21. Goods returned to the Supplier by the Customer for reasons other than faulty or incorrect Goods may incur a restocking fee.
22. Goods custom made for the Customer by the Supplier are strictly non-returnable and or non-refundable.
23. All orders that are being paid for by Credit Card will occur a 2% Credit Card Fee on total Order
24. Every Order will be subject to a $4.75 Packaging and Handling fee
