Global Metals Pty Ltd terms and conditions of trading
Unless otherwise stated, prices refer to delivery c.i.f. & e. Australian mainland port (Cost, Insurance, Freight and Exchange) and do not include wharfage, customs duty and/or primage, customs clearance and/or delivery charges. Unless otherwise stated, insurance will be arranged for a full comprehensive cover from warehouse to warehouse against all risks, including war risk. Unless otherwise stated, all offers submitted and orders accepted are subject to variation in price consequent upon any aheration in the rates of ocean freight and war risk insurance. Unless otherwise stated, all orders are accepted on the basis of fixed exchange rates between the various currencies involved and are not subject to any exchange variation.
If the whole or any part of any payment for the goods is the consideration for a taxable supply for which the Sellers are liable for Goods and Services Tax (GST) under the relevant legislation the buyers must pay to the Sellers an additional amount equal to the GST amount. The Sellers will provide the Buyer with
a GST tax invoice.
All orders are accepted and confirmed subject to the general rules, regulations and conditions applicable to the particular trade. Goods are shipped at Buyers risk and Sellers responsibility ends at port of shipment, whether delivered f.o.b., c.i.f or f.i.s. Sellers not to be liable not Buyers to be relieved from obligations to accept and/or pay for documents and/or goods by reason of delay in or failure of dispatch of goods to vessel and/or shipment and/or loading and/or delivery and/or tender in whole or part, if wholly or partly occasioned by delay or failure to supply by manufacturers, suppliers or others, lock-outs, accidents, explosions, fires, floods, failure of water, electric, steam or other power, loss or damage in transit, act or demands of Government of State, war between any nations, civil commotions, riots, wash-out or breakdown on railroads, epidemics, delays in transportation or in arrival of shipping documents or any other circumstances of any kind whatsoever nor shall Sellers be liable for loss or damage wholly or partly incident to or occasioned by detention or delay of vessel (and whether before or after reaching the loading port) or loss or damage to goods prior to or after shipment caused by perils usually covered by insurance or expected by Bills of Lading. Sellers undertake in good faith to endeavour to arrange for shipment and/or loading at times stated but same is not guaranteed and Buyers agree to accept such shipment and/or loading before or after stated time as is affected by Sellers. In the event of any additional costs incurred prior to shipment these would be to Buyers account. Sellers do not guarantee weight, out-turn or arrival of merchandise contracted for Presentation of Bill of Lading or other contract of shipment or order on the vessel or agents of the vessel and invoice with Insurance Certificate(s) or Policy or Policies or Cover Notes shall be accepted by Buyers and such presentation ends Sellers liability. In case of prohibition of export, blockade or any war conditions or delay preventing shipment and/or delivery, Sellers shall have the right of cancellation. This order has been placed on the condition that if the Australian/Country of Origin Government imposes minimum normal values at which the goods may be imported into Australia, prices will be adjusted accordingly. Also if any Government Regulation prohibiting or restricting importation of the goods is promulgated then this order is subject to such restriction.
All orders are accepted subject to the necessary Export and/or Import Licences being obtainable.
Property in any goods delivered or to be delivered to the Buyers shall not pass to the Buyers who shall keep the goods as bailee for the Sellers until receipt in full by the Sellers of the purchase price and any other money’s payable in respect of:
(a) The goods subject of this contract; and
(b) All other goods delivered by the Sellers to the Buyers under any other contract between the Sellers and the Buyers.
6. PAYMENT, RETENTION OF THE TITLE AND PASSING OF RISK
(a) Payment for the Goods must be made in full (without any set off) and received by the Seller by the payment date stated on the invoice for the Goods. In the event that no payment date is specified on the invoice, then payment for the Goods will be made in full and received by the Seller within 30 days of the close of the month in which the invoice is dated. Payment is only received by the Seller when it receives cash or when the proceeds of other methods of payment are credited to the Sellers bank account.
(b) Property in and ownership of:
(i) The Goods;
(ii) The Goods where they have been joined with other goods; and
(iii) The Goods where they have been incorporated into an end product in any manner, does not pass to the Buyer until full payment in
accordance with clause 7(a) of these Terms is received or
(c) The Seller may take possession of the Goods wherever the Goods are located and the Buyer agrees that representatives of the Seller may,
without notice enter upon the Buyers premises for that purpose if:
(i) Payment for the Goods has not been received by the Seller within 14 days of the due date of payment; or
(ii) The Buyer becomes insolvent, commits an act of bankruptcy, is placed under official management or into liquidation,
a receiver or manager is appointed in respect of any of its assets or a mortgagee of property of the Buyer takes possession of any of that property.
(d) Until the Seller received full payment of all monies due to it in respect of the Goods or until the Goods are on-sold – whichever is the earlier –
the Buyer will keep the Goods in good condition as a fiduciary of the Seller, clearly showing the Sellers ownership of the Goods and, if required,
will deliver the Goods up to the Seller.
(e) The Buyers shall store the goods so that they are separate and clearly distinguishable from goods of a similar nature in the Buyers possession,
who shall not obliterate, alter, deface, remove or obscure any identifying numbers, plates, marks or other matter affixed to such goods. The Buyers
shall keep separate records of all sales of the Buyers goods.
(f) If, before property in and ownership of the Goods has passed to the Buyer, the Buyer sells or otherwise deals with any interest in the Goods
in any form to a third party (including when the Goods have been mixed with other Goods by manufacturing or otherwise), the Buyer does so solely
as a trustee for the Seller, will keep separate and hold on trust for the Seller all proceeds and property purchased with such proceeds, and assigns
to the Seller the benefit of any claims against such third party.
(g) Subject to these Terms, the Seller accepts the risk of loss of, damage to, the Goods only up to time that risk passes to the Buyer. Such risk passes
to the Buyer upon delivery in accordance with these Terms (including all risk associated with unloading) or upon title in the Goods passing to the
Buyer, whichever is earlier.
7. INSPECTION OF GOODS
The Buyers shall inspect the goods immediately upon delivery (if not inspected earlier). The Buyer will be deemed to have agreed that the goods are in all respects, in accordance with the contract and shall be bound to accept and pay for the goods unless: Where a delivery receipt is signed by the Buyer, particulars of any reasonably apparent damage or non-conformance is notified to the Seller in writing within 8 hours of delivery together with evidence of damage or non-conformance and in any other case, particulars of any reasonably apparent damage or non-conformance is notified to the Seller in writing within 7 days of delivery together with evidence of damage or non-conformance. Notwithstanding any notification, payment for the goods must be made in full (without set off) by the payment due date stated on the invoice for the goods.
8. INSTALMENT DELIVERIES
Each instalment (if any) deliverable under this contract shall be deemed to be sold under a separate contract containing the same terms and conditions and default in delivery of any such instalment shall not entitle the Buyers to repudiate the contract with regard to any such instalments remaining deliverable BUT default by the Buyers in paying for any one instalment delivered shall, notwithstanding the Sellers remedies under any statute or at Common Law, entitle the Seller to repudiate the contract with regard to the instalment deliveries remaining.
9. AMENDMENTS AND ALTERATIONS
No amendments or additions to the stipulations and conditions herein contained shall be binding upon the Seller unless expressly confirmed in writing by the Seller.
Law applicable to this contract shall be the Law of Queensland and the Supreme Court of that State shall have exclusive jurisdiction in all disputes arising hereunder.
Any Warranty as to the quality or fitness for any particular purpose of the goods sold hereby arising by implication of law under the Sale of Goods Act or otherwise is hereby excluded to the extent permissible by consumer protection legislation.
In the event of payment not being made by the Buyer in accordance with the terms of this contract having regard to such due date for payments as is fixed herein, the Buyer agrees to pay the Seller simple interest as invoiced by the Seller at the rate of 25 percent per annum on the total proportion of the contract amount due for payment but unpaid for the period of non-payment from such fixed due date for payment.
The Buyer acknowledges and declares that he or she has read and accepted these items and conditions and fully understands the same.