1. GENERAL
In these conditions the word of “we” “us” “our” mean and refer to AMG
Australia PTY LTD, the supplier of the goods.
The word “you” refers to the person or company to whom the goods are sold or supplied.
The “goods” refer to the goods, merchandise and other items the subject of the sale
transaction and related services.
Unless otherwise agreed in writing by the parties and subject always to the requirements
of relevant legislation these Terms and Conditions of Sale apply to all sale or
supply contracts between you and us.
2. APPLICATION
These Terms and Conditions of Sale apply to the sale or supply of goods by us to
you; where this document is a quotation then the terms and conditions shall have
application; So far as context permits, in respect of any transaction conducted
following acceptance of the quotation or negotiated variation thereto.
3. PRECEDENCE
These conditions prevail over the provisions in any other document, which may conflict,
with provisions herein.
4. VALIDITY
Where this document forms part of a quotation;
(I) The quotation is not to be constructed as an offer or obligation by us to sell
or supply and we reserve the right at our option to accept or reject any orders
received;
(II) Our obligation includes only the goods as are specified in our agreement or
the delivery document;
(III) Our obligation to deliver the goods is subject to the availability of those
goods at the date that delivery is required by you. Any delivery time quoted is
an estimate only;
(IV) All prices quoted are based upon the referred to and should there be any variation
in the total quantity of goods ordered from that in the quotation we reserve the
right to amend the price quoted.
(V) Subject to any applicable statutory provisions, the quoted price for goods may
be increased in accordance with any increases to the cost to us of labor, materials,
goods and transport cost (if applicable) and market fluctuations. The increased
price will be the price payable to you.
5. SPECIFICATIONS AND DESCRIPTION
All descriptive specifications, illustrations, drawings, data, dimensions and weights
furnished by us or otherwise or contained in our catalogues, price lists and other
advertising matters are approximate only and are intended to be by way of a general
description of the goods and do not form part of the contract.
6. DELIVERY
Any delivery or completion date or time stated are estimates only and we cannot
be held liable for any consequences whatsoever for any delay to such times.
We reserve the right to refuse to deliver any goods under this contract if you have
any monies outstanding beyond the date for payment on any account with us.
Where applicable, delivery will be made in accordance with a mutually agreed schedule
with you at the time of placing the order. Unless amendments to the delivery schedule
are given by you in sufficient time to alter the delivery agreement, we reserve
the right to continue delivery according to schedule. If you are unable to accept
deliveries on site we further reserve the right to deliver to your premises. In
such event, delivery will be deemed delivery on site and payment will be due accordingly.
7. TRANSPORTATION OF GOODS
The goods are to be delivered to you by means of a reputable transportation company,
which provides deliveries to and from anywhere in Australia and the carriage of
goods of the nature and type as described in Schedule 1.
The price of goods is inclusive of the cost related to the transportation of such
goods.
8. RISK AND STORAGE
All risk of or for loss or damage with respect to the goods passes to you on delivery
of the goods to you, your employees, agents, and customers or to any carrier. If
delivery is delayed for any reason beyond our reasonable control for a period of
fourteen (14) days after the date on which you are notified that the goods (or any
completed items forming part thereof) are ready for delivery, the risk in the goods
forthwith then passes to you. We may at our option arrange suitable storage of goods
at our premises or elsewhere and all costs of or incidental to such storage will
be borne by you. You must, on demand, pay to us all cost of storage, insurance,
demurrage, handling and other charges incidental to such storage.
9. DAMAGE OR LOSS IN TRANSIT
Unless otherwise agreed in writing you agree to take delivery of the goods at our
address notified to you or set out in the contract document. We will not be responsible
for any loss or damage of the goods after delivery thereof to your carrier notwithstanding
that we may have arranged the carrier at your request.
10. TERMS OF PAYMENT
Unless stated otherwise in quotation or agreed in writing, all prices quoted are
strictly net 14 days from the date of invoice. Outstanding invoices 7 days past
due date will be charged to credit card details provided by customer and have 2%
Credit card charges add to any outstanding monies owed.
11. TAX
Unless otherwise stated all prices are inclusive of goods and services tax (GST),
but exclusive of other government impost and charges which will be to your account.
12. WARRANTY
(I) We will make good at our option by supply of a replacement or issue a credit
against the original invoice.
(II) Our warranty will not apply to any defect, which arises by excessive wear,
misuse, neglect or accident.
(III) Except as specifically provided for in these terms and conditions and except
to the extent that law prohibits the exclusion, restriction or modification of terms
and conditions, all warranties, terms and conditions in relation to the state, quality
or fineness of the goods and all parts and of every other kind whether implied by
use, statute or otherwise are hereby excluded.
(IV) More details about warranty can be referred to specific policy of each of our
brands.
13. LIABILITY OF SUPPLIER
Notwithstanding any other provisions herein we will not be liable for any loss of
profit or breach of contract howsoever arising nor we will be liable whether in
contract, tort or otherwise, including negligence, for any injury damage or loss
and our liability, if any, will be limited to the repair of the goods or, at our
option, the replacement of the goods or the supply of equivalent goods.
14. PRE-ORDER
Pre-order purchase may be acceptable under your requests. Upon confirmation of your
order, 50% of the total purchase value is acquired as a deposit. Unless stated otherwise
in quotation or agreed in writing, the remaining balance(s) is/are strictly net
14 days and payment in full is due on and from the date of delivery. Except at our
option any deposit of fund is subject to clear funds being held in our bank.
15. GOODS RETURNED FOR CREDIT
(I) No claim in relation to damaged goods will be considered unless notified in
writing within seven days of delivery.
(II) Non-standard items or items manufactured to your design will not be accepted
for credit unless found to be damaged at the time of delivery.
(III) Pre-ordered goods will not be accepted for credit unless found to be damaged
at the time of delivery.
(IV) In all cases the original invoice or delivery docket must be quoted and you
must prepay return freight cost.
(V) Goods returned for credit must be in original condition including all accessories.
16. TITLE
(I) The right to and full interest and title in goods supplied by us will not pass
to you until the whole of the purchase monies for the goods has been in full to
us and the right to and full interest and title in the goods remains solely with
us until such payment is made.;
(II) If a cheque is tendered in payment of the purchase monies then payment is not
taken or deemed to have been made until the cheque has been paid by the drawer’s
bank prejudiced until such time, our rights will not be prejudiced or affected.
(III) Until payment in full for the goods and of all sums due and owing by you to
us on any account:
1. The goods you hold are held as trustee for us;
2. You are authorized to sell the goods in the normal course of your business;
3. You must not mortgage or pledge the goods to any person or company;
4. The goods are at your risk in all respects;
5. You must store the goods separately from your own and ensure that they are clearly
identified as our property;
(IV) In the event of default in your obligations under these terms and conditions
of sale or if any event occurs by which we may be entitled to determine this contract,
then without prejudice to any rights which we may have at law or hereunder;
1. We or our agents may without notice to you enter your premises, by force if necessary,
for the purpose of recovering the goods;
2. We may recover and resell the goods and apply the proceeds in reduction of any
indebtedness you may owe to us;
3. If the goods cannot be distinguished from similar goods which you have or claim
to have title to, we may in our absolute discretion take all goods matching the
description of the goods and hold same for a reasonable period so that the respective
claims to the goods may be determined whereupon we will promptly return to you any
goods which are your property; and you acknowledge that provided we have taken or
take reasonable care in the seizure and storage of such goods or for any loss or
damage to your business howsoever arising from our taking of any goods;
4. If the goods are used in the production or assembly of other goods or are mixed
or affixed to other goods or products or become a constituent of other goods or
products we will be given possession of and have a lien over such other goods and
products as security for full payment of the goods by you; to facilitate possession
hereunder such goods or products may be taken and the same rights and liabilities
apply as if were goods under the preceding clauses1-3 hereof;
5. We have a right to any claim or claims you may have against third parties emanating
from the goods or other goods or products into which the goods may have become incorporated;
in the event of the goods by you we have become incorporated; in the event of sales
of the goods by you we have the right to trace the proceeds thereof.
17. DESIGN AND IMPROVEMENTS
The variation in design and construction of other equivalent goods manufactured
by us will occur from time to time. This will in no way constitute any acknowledgement
by us that the design and construction of the goods supplied to you were inadequate
or deficient. You agree to waive all and rights to claim for any loss and damage
you may suffer or incur because of the design and construction or otherwise relating
to the difference in design and construction between the goods supplied to you and
any other goods supplied, manufactured, constructed and designed by us whatsoever.
18. DETERMINATION OF CONTRACT
We will be entitled to immediately determine this contract if:
(I) You are in breach of any of the conditions;
(II) You make any arrangement or composition with your creditors;
(III) You commit any act of bankruptcy or proceedings in bankruptcy are commenced
against you;
(IV) You are a company, any resolution or application to wind up is passed or presented
against you or receiver and manager or receiver or administrator is appointed.
19. CREDIT APPLICATION
(I) Credit limit
You must not allow the credit limit agreed to by us to be exceeded without our approval.
If the credit limit is exceeded without our approval, you must immediately repay
the excess. We may reduce the credit limit or stop providing further credit at any
time and for any reason whether or not you have breached this contract.
We need not sell or supply further goods to you if:
1. We have not received the Guarantee or any other document or information we reasonably
require, in a form satisfactory to us;
2. Any Guarantee is withdrawn, lapses or is avoidable; or
3. You are in default under any contract you have with us or the Guarantee.
(II) Repayments
You must pay us the balance and all other amounts you owe us on the due date and
accordance with the Term and Conditions of Sale. The account will be frozen in the
case of any “late payment” and a surcharge of daily rate of 0.05% applies.
(III) Enforcement expense
Enforcement expenses may become payable under this contract and any Guarantee on
the event of a breach. You must pay us any expenses we reasonably incur including
legal fees on a solicitor and own client basis in enforcing this contract or any
Guarantee in the event of default.
(IV) Review
We may carry out a review of your account at any time. You must give us any information
we ask to allow us to conduct such a review and authorize us or our agents to enter
your premises.
(V) Repayment on demand
At any time and for any reason, we may do each or any of following (or all):
1. Demand that you repay the whole or part of the balance and all other amounts
you owe us under this contract;
2. Demand that you return all goods delivered to you.
You must repay in full the amount we demand and return all goods at the time we
specify in the demand.
(VI) Variations and waivers
We may vary and any provision of this contract as we choose. If we do, we will notify
you in writing and the change takes effect from the time we specify in the notice.
When we give the notice depends on the type of change we make. For example, we may:
1. Reduce the credit limit if we do and you are not in default under this contract,
we tell you in writing;
2. Increase the credit limit, but only if you request us to do so or you consent
in writing. If we agree to increase the credit limit, we tell you in writing;
3. Change surcharge rate, if we do and the change does not reduce your obligations
under this contract, we tell you in writing not later than the date on which the
change takes effect;
4. Change the amount or frequency of payment of any fee or charge or impose a new
fee or charge. If we do any of these things, we tell you in writing before we do
so unless the change reduces your obligations under this contract in which case
we notify you in your next statement of account;
5. Change the amount or method of calculation, number, frequency or time for payment
of repayments. If we do any of these things, we tell you in writing before we do
so unless the change reduces your obligations under this contract in which case
we notify you in your next statement of account.
20. Security
We store your personal information in different ways, including in paper and in electronic form.
The security of your personal information is important to us. We take all reasonable measures to
ensure that your personal information is stored safely to protect it from misuse, loss, unauthorised access,
modification or disclosure, including electronic and physical security measures.
When purchasing from AMG Australia your financial details are passed through a secure server using the latest 128-bit SSL
(secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break,
and is the industry standard. If you have any questions regarding our privacy policy,
please contact our customer support centre AMG Australia.