CONDITIONS OF CONTRACT AND TERMS OF TRADE
PRICES: Any price quoted is subject to acceptance within 30 (thirty) working days, and is subject to variation for contingencies beyond our control.
PRICE VARIATION: Any increases or decreases in labour rates or material costs subsequent to acceptance of this order at the quoted price shall, at our discretion, be chargeable to the buyer’s account.
QUANTITY: All orders are subject, as is usual trade practice, to 5% variation increase or deficiency in quantity and will be charged or deducted accordingly.
PRELIMINARY WORK: Designs, models, samples, etc. And/ or other work produced, whether experimentally or otherwise at the buyer’s request will be charged for.
DESIGNS & ARTWORK, etc: All designs, sketches, artwork, blocks, positives, dies and any other items required for the production of goods are submitted to the customer in confidence and remain our property and copyright by law and trade practice. Charges made are of the use of such items only. All care will be taken with such item supplied to us by the customer, but we accept no responsibility whatsoever for same, longer than 3 (three) months.
PATENTS & COPYRIGHT: The buyer shall indemnify the seller against all claims, actions, penalties, damages, costs and expenses for which they sell may become liable through anything done by the buyer involving a breach of any Patent, Registered Design, Trade mark or copyright or of any Government Regulations.
DELIVERIES: The company does not accept responsibility for goods damaged, lost, stolen etc. Where the purchaser specifies their own transport.
CANCELLATION OF ORDER: Should the buyer cancel the order after tooling up or processing has commenced, or if through circumstances beyond our control (stakes, power restrictions, later delivery of materials etc.) we are unable to complete the goods ordered within the time stipulated, all costs incurred shall be for the buyer’s account.
CLAIMS: Any complaints against delivered quantities, faulty or damaged goods shall be lodged in writing within seven days of delivery. In the absence of any written claim within this period, we will assume goods to be fully acceptable, and no liability will be admitted.
TAX: Ruling rates will be added to invoices.
PAYMENT: Unless otherwise agreed in writing, terms are strictly net 30 days from the date of invoice. If the company experiences delay in delivery due to purchaser failing to issue delivery instructions within seven (7) days, the purchaser shall be deemed to have delivered and terms of payment shall apply from due date.
RETENTION OF TITLE: Risk in any goods supplied by Ace Colour & Design Pty Ltd to the customer shall pass when such goods are delivered to the customer or into custody on the customer’s behalf, but ownership in such goods shall be retained by Ace Colour & Design Pty Ltd until payment is made for the goods. Until such payment has been made in full, the customer shall hold the goods as bailee only for Ace Colour & Design Pty Ltd. Should any goods sold become constituents of or be converted into other products while subject to Ace Colour & Design Pty Ltd ownership shall extend to those other products, If the customer defaults in the payment of the price, or goes into bankruptcy, liquidation or has a receiver appointed, it shall be lawful for Ace Colour & Design Pty Ltd without notice, to enter the customer’s premises where the goods may be and retake possession of them. If the customer resells the goods before legal ownership has passed then the customer shall be deemed to be acting as Ace Colour & Design Pty Ltd agent and shall keep the proceeds thereof separate from any other monies and account to Ace Colour & Design Pty Ltd therefore.