TERMS AND CONDITIONS OF SALE

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1. GENERAL

Any order placed by the Purchaser will be taken to be an order incorporating these terms and conditions even if any inconsistencies are introduced in the Purchaser's order or acceptance, unless expressly agreed to by the Company in writing.
References in these terms and conditions to "the Company" are references to SEEBA International.
References in these terms and conditions to "the Purchaser" are references to you.
References in these terms and conditions to a "contract" means a contract between the Company and you for the sale and purchase of goods and incorporating these terms and conditions.

2. PRICES

Any order placed by the Purchaser will be taken to be an order incorporating these terms and conditions even if any inconsistencies are introduced in the Purchaser's order or acceptance, unless expressly agreed to by the Company in writing.
References in these terms and conditions to "the Company" are references to SEEBA International.
References in these terms and conditions to "the Purchaser" are references to you.
References in these terms and conditions to a "contract" means a contract between the Company and you for the sale and purchase of goods and incorporating these terms and conditions.

2. PRICES

Prices quoted are based on the Company’s estimated cost of production, manufacture or supply at the time of quotation and may be altered by notice to the Purchaser if there is any increase in the Company’s costs between the date of quotation and the date of delivery. Unless the Company agrees otherwise in writing, all goods will be charged at the prices ruling at the date of delivery plus any applicable goods and services tax (GST) which must be paid to the Company by the Purchaser when payment for the goods is due.

3. SPECIFICATIONS

All illustrations, drawings and specifications prepared or supplied by the Company are approximate only and must not be regarded as accurate working illustrations, drawings or specifications. All illustrations, drawings and specifications remain the property of the Company and must be treated as confidential by the Purchaser (who may not copy, sell, loan or otherwise dispose of or use them without the prior written consent of the Company).

4. PAYMENT

Unless otherwise stated on the invoice, payment is to be made within one calendar month following the date of the invoice, but the Company reserves the right to vary the terms of payment and to require payment in full prior to delivery if, at any time, the credit worthiness of the Purchaser is, in the Company's opinion, unsatisfactory.

5. CANCELLATION

If the Purchaser cancels any order or refuses to accept all or any of the goods in an order other than in circumstances permitted in these Terms and Conditions, the Purchaser will be liable for any resulting damage or loss suffered by the Company. If the goods have been or are in the process of being manufactured or produced specifically for the Purchaser, the Purchaser will pay to the Company as liquidated damages the full contract price of the goods and any costs incurred by the Company (including, but without limitation, any GST) less the current scrap value of the goods as determined by the Company.

6. DELIVERY

The goods will be delivered ex-works unless the Company agrees otherwise in writing.

If the Company agrees to arrange for the dispatch of the goods to the Purchaser, all costs of delivery will be for the Purchaser's account. Goods dispatched by the Company will be at the Purchaser's risk and the Company is under no obligation to insure the goods while in transit.
Any time quoted for delivery is an estimate only. The Purchaser is not relieved of any obligation to accept or pay for goods because of any delay in delivery and the Company shall not be liable for any claims resulting from delay in delivery.
Unless otherwise agreed in writing, the Company is entitled to make deliveries by instalments or partial deliveries. Each instalment shall be construed as constituting a separate contract to which all the provisions of these terms and conditions shall (with any necessary alterations) apply.
If the Company determines that it is or may be unable to deliver within a reasonable time or at all the contract may be cancelled by the Company. If the contract is cancelled, the Purchaser will have no claim against the Company for any damage, loss, cost or expense.

7. RISK AND PROPERTY

The risk of loss of, or damage to, the goods will pass to the Purchaser on delivery.
Property in, and ownership of, the goods will not pass from the Company to the Purchaser until the Purchaser has paid for them in full.
Until property passes to the Purchaser:
1. the Purchaser will hold the goods as fiduciary and bailee for the Company;
2. the goods must be stored separately and in a manner to enable them to be identified and cross-referenced to particular invoices;
3. the Company, its employees or agents, are entitled to enter the Purchaser’s premises between 9.00am and 5.00pm on any business day to inspect the goods;
4. unless otherwise notified in writing by the Company and subject to paragraph (g) the Purchaser is authorised to sell the goods in the ordinary course of the Purchaser’s business; and
5. the proceeds of goods sold by the Purchaser are to be held in trust for the Company.
If the Purchaser uses the goods in some manufacturing or construction process of its own or some third party, then the Purchaser must hold such part of the proceeds of such manufacturing or construction process as relates to the goods in trust for the Company. Such part shall be deemed to equal in dollar terms the amount owing by the Purchaser to the Company at the time of receipt of such proceeds.
If payment is not made by the Purchaser to the Company on the due date, the Purchaser must deliver the goods to the Company on demand. If the Purchaser does not comply with such a demand, the Company, its employees or agents, are entitled:
1. to enter the Purchaser’s premises at any time to do all things necessary in order to take possession of the goods and the Purchaser:
  1. must procure the consent of all other persons having any interest in the premises where the goods are situated to entry of those premises by the Company, its employees or agents; and
  2. indemnifies the Company against any claim, loss, liability, cost and expense that may be incurred or sustained by the Company, its employees or agents, as a result of the entry of those premises where the goods are situated; and
2. with or without taking possession of the goods, to sell them as the Company sees fit.
The Purchaser must pay to the Company the costs and expenses incurred by the Company of legal advisers, mercantile agents and other agents acting on the Company’s behalf in respect of any enforcement of these Terms and Conditions, or recovery or attempted recovery of either the money owing by the Purchaser to the Company or possession of the goods.
The Purchaser acknowledges that the goods are not intended to become affixed to any of its premises and must ensure that the goods may be removed from those premises without causing damage of any kind to the premises.
The Purchaser’s right to hold and sell the goods will immediately cease if an administrator or a controller within the meaning of section 9 of the Corporations Act 2001 (Cth) or similar officer is appointed to all or any assets or undertaking of the Purchaser or an order is made or resolution passed for the winding up of the Purchaser or the Purchaser is deregistered. In any such case, and without the need for notice or demand by the Company, the Purchaser acknowledges any sale or purported sale of the goods will not be in the ordinary course of the Purchaser’s business and the proceeds of any goods sold in such circumstances will be held on trust for the Company by the administrator, controller or similar officer as the case may be, or if there is no such officer, by the Purchaser.

8. CLAIMS FOR WRONGFUL DELIVERY

Any claim by the Purchaser for short or wrongful delivery of the goods must be notified by the Company in writing:

within seven days of receipt of the invoice if the goods have not been delivered, and
within three days of arrival of the goods in the event of any discrepancy or damage.

To the maximum extent permitted by law, any claim which the Purchaser does not notify within that time (time being of the essence) will be taken to have been absolutely waived.

9. GUARANTEE AND LIABILITY

All conditions and warranties expressed or implied by statute, the common law, equity, trade, custom or usage or otherwise are expressly excluded to the maximum extent permitted by law.
So far as the law permits, the liability of the Company for a breach of a condition or warranty that cannot be excluded is limited, at the Company's option, to:
1. the replacement or repair of the goods;
2. the supply of equivalent goods; or
3. the cost of replacing or repairing the goods or of acquiring equivalent goods.
So far as the law permits, the Company accepts no liability for any indirect or consequential loss or loss of profit including, without limitation, any loss by reason of delay, defective or faulty materials or workmanship, negligence or any act or matter or thing done, permitted or omitted by the Company.

10. PERFORMANCE AND REPRESENTATIONS

The Purchaser acknowledges that neither the Company nor any person purporting to act on its behalf has made any representation or given any promise or undertaking which is not expressly set out in writing, whether as to fitness of the goods for any particular purpose or any other matter.

11. INTELLECTUAL PROPERTY

The Purchaser warrants that any design or instruction furnished to the Company will not cause the Company to infringe any patent, registered design or trade mark in the execution of the Purchaser's order. The Purchaser indemnifies the Company against any claim, loss, liability, cost and expense that may be incurred by the Company as a result of any infringement or unauthorised use of patents, trade marks, designs or copyrights arising out of the manufacture or use of the goods.

The sale and purchase of the goods does not confer on the Purchaser any licence or rights under any patents, trade marks or copyright which is the property of the Company.

12. FORCE MAJEURE

The Company shall not be liable for any failure to fulfil any of these terms and conditions if fulfilment has been delayed, hindered or prevented by any circumstances whatsoever which are not directly within the Company's control and if the Company is able to fulfil some but not all of the demand for its goods the Company may allocate its available supplies and resources amongst its customers in such manner as the Company in its absolute discretion considers to be fair.

13. TERMINATION

If the Purchaser:

(a) being an individual, commits an act of bankruptcy or makes a composition with or assignment of his or her property in favour of creditors;
being a company:
1. stops or suspends or threatens to stop or suspend payment of all or a class of its debts;
2. is insolvent within the meaning of section 95A of the Corporations Act 2001 (Cth);
3. a court is required by reason of section 459(C)(2) of the Corporations Act 2001 (Cth) to presume that it is insolvent;
4. fails to comply with a statutory demand (within the meaning of section 459F(1) of the Corporations Act 2001 (Cth));
5. an administrator is appointed over all or any of its assets or undertaking or any step preliminary to the appointment of an administrator is taken;
6. a controller with the meaning of section 9 of the Corporations Act 2001 (Cth) or similar officer is appointed to all or any of its assets or undertaking; or
7. an application or order is made, proceedings are commenced, a resolution is passed or proposed in a notice of meeting or an application to a court or other steps are taken for its winding up or dissolution or for it to enter an arrangement, compromise or composition with or assignment for the benefit of its creditors, a class of them or any of them,
the Company may, at its option, suspend its obligations under, or terminate, the contract without prejudice to any rights it may have under the contract.

14. MISCELLANEOUS

The Purchaser shall not assign its rights and obligations under these terms and conditions or any part of them without the prior consent of the Company.
The Company shall be entitled to assign its rights and obligations under these terms and conditions or any part of them to any person, firm or company.
The Purchaser shall not use the Company's name, logo or other intellectual property rights in advertising or publicity without the Company's prior written consent.
If any of these terms and conditions of sale are found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining terms and conditions and the remainder of such term and condition shall continue in full force and effect.
Failure or delay by the Company in enforcing or partially enforcing any of these terms and conditions will not be construed as a waiver of any of the Company's rights under these terms and conditions.
Any waiver by the Company of any breach of, or any default under, any of these terms and conditions by the Purchaser will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms and conditions.
Each right or remedy of the Company under these terms and conditions is without prejudice to any other right or remedy of the Company whether under these terms and conditions or not.
Any notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing addressed to that other party at its principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
Subject to the rights of the parties to assign their rights and obligations under these terms and conditions, nothing in these terms and conditions confers on any third party any benefit or any right to enforce any of these terms and conditions.
The formation, existence, construction, performance, validity and all aspects of the contract between the Company and you shall be governed by the law of the State or Territory of Australia from which the quotation was issued.

es otherwise in writing, all goods will be charged at the prices ruling at the date of delivery plus any applicable goods and services tax (GST) which must be paid to the Company by the Purchaser when payment for the goods is due.