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TRADING TERMS & CONDITIONS

1. General

1.1 These terms and conditions exclusively govern the commercial sale by McGloins Ltd ABN 40 000 028 688 (McGloins) of all products or services rendered to its customers. McGloins excludes any other terms and conditions not contained in this document. No addition or modification will be binding on McGloins unless McGloins expressly varies these terms and conditions in writing.

1.2 These terms and conditions may be varied by McGloins from time to time at its discretion. The customer accepts and is bound by changed terms in respect of all purchases of products after the date of the change.

2. Prices

2.1 Prices appearing in price lists and other documents are FIS within Australia from McGloins’ premises in Sydney, Australia in Australian dollars and are exclusive of GST unless otherwise expressly stated.

2.2 McGloins reserves the right to change its prices at any time.

2.3 McGloins will not be bound by clerical errors or omissions whether in computation or otherwise in any price list, acknowledgment, invoice or other communication.

3. Payment

3.1 Payment must be made in full by the customer to McGloins within 30 days of the date of invoice, without reduction or deferment on account of any claim, counterclaim or set-off.

3.2 McGloins reserves the right to charge interest on any overdue amounts at the rate of 12% per annum from the due date of the amount until payment in full. If any amount becomes overdue, all amounts recorded on the customer’s account are deemed to be immediately due and payable. The customer must pay all costs and expenses which may be incurred by McGloins in the attempted recovery of the overdue amounts, including legal costs (on a solicitor/client basis) and mercantile agents’ fees.

3.3 A transaction may be disputed only up until 60 days after the date of transaction once this period has passed then the amount of the transaction in full is deemed to be payable.

3.4 Title of all goods remains with McGloins until payment is made in full.

3.5 Personal Property Securities Act (PPSA)

Passing the Title and capitalized terms in this clause have the same meaning as given to them in the PPSA.

a.  the Customer acknowledges that title to all goods supplied by McGloins to the Customer does not pass to the Customer until receipt by McGloins of payment and this agreement constitutes a Security Agreement and gives rise to a Purchase Money Security Interest (“PMSI”) in favour of McGloins over the goods.

b,  the goods fall within the PPSA classification of “Other Goods” acquired by the Customer pursuant to these Conditions.

c.  McGloins and the Customer acknowledge that McGloins, as Security Party, is entitled to register its interest in the goods under the Terms and Conditions of the PPSA Register as Collateral.

3.6 The Customer charges in favour of McGloins all of its interest in any real estate as security for the Customer’s performance of any and all of the Customer’s obligations to McGloins. 

4. Delivery

4.1 Delivery is taken to occur and risk of loss or damage to the products passes to the customer once the customer has signed for delivery of the goods.

4.2 Any order made by the customer is subject in each case to the approval and acceptance by McGloins and is conditional upon the proposed delivery date sought being acceptable to McGloins and McGloins having the ability to supply sufficient quantities of the relevant product. The customer acknowledges that any agreed or stated delivery period is indicative only. McGloins will not be responsible for any loss or damage of any kind (whether direct, indirect or consequential) arising from McGloins rejecting any order or any delay in the delivery of the products.

4.4 The products are deemed to be accepted by the customer and are taken to be free from defects and the correct products ordered. The customer must within 8 days from the delivery date to the customer, give notice in writing to McGloins if they have identified that the products delivered were not the products ordered or that there are defects with the products. If the customer gives such notice, McGloins may agree to the return of the relevant products if McGloins agrees that the products were not the products ordered or there were defects with the products. If McGloins agrees to the return of the products the subject of such notice from the customer, it will issue a returned goods authorisation and will, at its option, replace the relevant products or refund the applicable money paid by the customer in respect of the relevant products.

4.5 The customer acknowledges McGloins’ right to apply a $20 ex GST charge to all orders under $200 ex GST.

5. Warranties

5.1 McGloins warrants that at the time of the products being made

 

available at the Customer’s disposal, the product will be in material compliance with the relevant product specifications. This warranty is void if the product has been misused, neglected, improperly handled or stored, modified or altered or if the product is not used strictly in accordance with the instructions for use of the product or are used for a purpose other than the specific indications for use of the product or if the product are used after their use before date.

5.2 McGloins shall be under no liability to the customer until the customer has paid the full amount due to McGloins in respect of the products concerned.

6. Exclusion of warranties

6.1 Other than the warranty provided in clause 5.1 of these terms and conditions, McGloins has not made any and, subject to the following provisions of this clause, excludes all warranties, terms, conditions or undertakings, whether expressed or implied, written or oral, statutory or otherwise including any implied warranty of merchantability or fitness for a particular purpose, in respect of the products.

6.2 To the maximum extent permitted by applicable laws, any conditions or warranties imposed by legislation or statute are hereby excluded and insofar as liability under or pursuant to such legislation or statute may not be excluded, such liability and any other liability arising under or in connection with the products or these terms and conditions is limited, at the exclusive option of McGloins, to the replacement or the supply of equivalent applicable products or the payment of the cost of replacing or of acquiring equivalent applicable products.

6.3 The customer releases McGloins and its officers and employees from, and indemnifies McGloins and its officers and employees against any costs claims, expenses, charges, losses, damages, penalties and liabilities of any kind incurred out of or in connection with the customer’s use or sale of the products, except to the costs claims, expenses, charges, losses, damages, penalties and liabilities arises out of a failure of the product to meet the warranties provided by McGloins by law or expressly in these terms and conditions.

7. Limitation of Liability

7.1 Neither party shall be liable to the other for loss of profit, income or saving or for any indirect, consequential or special damages regardless of whether the liability is based on a claim for negligence, indemnity, breach of contract, tort, misrepresentation or any other basis.

7.2 In no event shall McGloins’ liability under these terms and conditions or any transaction contemplated by these terms and conditions exceed, at the option of McGloins, the replacement of the products or supply of equivalent products or the payment of the purchase price for the products in question. The customer hereby releases McGloins from all obligations, liability, claims or demands in excess of the limitation.

7.3 Neither party shall be in default hereunder by reason of any failure or delay in the performance of any obligation under these terms and conditions by reason of force majeur.

8. Return of Non-faulty Goods.

8.1 McGloins may at its discretion accept the return of goods that are not deemed to be faulty, under the following conditions:

·          Freight will be at the Customer’s cost.

·          Goods will only be credited if they are in saleable condition as determined solely by McGloins.

·          McGloins reserves the right to apply an administrative charge to the processing of any such credit.

9. General

8.1 Any provision in these terms and conditions which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these terms shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these terms and conditions without invalidating the remaining provisions.

8.2 These terms and conditions will be governed and construed in accordance with the laws in force in New South Wales, Australia.

8.3 As part of our normal operations we may collect customer information. McGloins is bound by and supports the National Privacy Principles contained in the Commonwealth Privacy Act. McGloins may, from time to time, review and update this privacy policy statement to take account of new laws and technology and changes to our operations. McGloins collects a range of information from customers and members of the public. We may store and disclose personal information allowed or required by applicable law or when deemed advisable by us. This means that we may make disclosures that are necessary or advisable to conform to legal and regulatory requirements or processes and to protect the rights, safety and property of McGloins, its customers, and the public. McGloins will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by McGloins.

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