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General Trading Terms

Definitions

 

“Centrapak” means Centrapak Industries (ABN: 84 949 989 365), “Customer” includes a buyer that has not dealt with Centrapak previously.

Sole Terms

These conditions of sale apply to all transactions between the customer and Centrapak, including quotations, offers, orders and sales.

These conditions (which will only be waived or varied in writing by Centrapak) will prevail over all conditions of the transaction to the extent of any inconsistency.

Insurance

It is the customer’s responsibility to effect whatever insurance cover they require at their own expense.

Prices

Quotations are to be treated as estimate only and subject to withdrawal, correction or alteration at any time before acceptance of the customer’s order by Centrapak.

Delivery

While Centrapak endeavours to keep delivery dates, any delay of delivery, for any reason whatsoever, will not entitle you to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement.

Should circumstances beyond the control of Centrapak prevent or hinder delivery, Centrapak will be free from any obligation to deliver goods while such circumstances continue.  For as long as such circumstances exist, Centrapak may, at its option, cancel, rescind or terminate all or any part of the contract or keep the contract on foot until such circumstances have ceased.  Such circumstances beyond the control of Centrapak include, but are not limited to: strikes; lockouts; rebellions; fire; acts of God; shortages of raw materials; Government decrees; proclamations or orders; transport difficulties; and failure or malfunctions of computers or other information technology systems.

Risk

Risk in each order will pass to the customer upon delivery of that order to the customer, or upon collection of that order by the customer’s agent or courier, as the case may be.

Any property of the customer’s under Centrapak’s custody or control will be entirely at the customer’s risk as regards to loss or damage caused to the property or by it.

Retention of Title

Notwithstanding delivery of the goods to the customer, until the customer has effected full payment for the goods and any other goods previously supplied by Centrapak:

a.              legal title to the goods will remain with Centrapak;

b.              the risk in the goods will pass to the customer on delivery to the customer or its agent;

c.              the relationship between Centrapak and the customer will be fiduciary;

d.              The customer will:

i.                hold the goods as bailee for Centrapak;

ii.               keep those goods separate from other goods; and

iii.              label the goods so that they are identifiable as the goods of Centrapak;

e.              with Centrapak’s consent (which is given), the customer is at liberty to sell the goods, in the ordinary course of the customer’s business, provided that the money resulting from the sale will:

i.                be held in trust for Centrapak;

ii.               not be placed into an overdrawn account, and

f.               in the event that the customer uses the goods in some manufacturing or construction process of its own or of some third party then the customer will hold such part of the proceeds of such manufacturing or construction process as relates to the goods in trust for Centrapak.  Such part will be deemed to equal in dollar terms the amount owing by the customer to Centrapak at the time of receipt of such proceeds.

The customer is not an agent of Centrapak in any sale of the goods by the Buyer.

After the happening of an Event in Default, Centrapak may without demand retake possession of the goods and may without notice sell the goods on such terms and in such manner as it determines and will be entitled to deduct all expenses incurred.  For the purposes of recovering possession and without limiting the generality of the foregoing, the customer irrevocably authorises and licenses Centrapak and its servants and agent to enter any premises where any goods may be stored and to take possession of the goods.

Payment

Cash on delivery unless the customer shall have made some other arrangement with Centrapak prior to the time of delivery of the goods and such arrangement continues up until delivery of the goods.  If Centrapak shall have granted to the customer credit facilities payment for all goods sold will be within thirty (30) days from the last day of the month in which each delivery was made.  Where the customer has failed to make payment in accordance therewith, Centrapak may stop delivery of goods or services to the customer and payment shall become immediately due for all goods and services provided.  The customer shall be responsible for collection and legal charges on outstanding amounts.  Interest shall be payable by customer on all amounts overdue to the seller at the rate of one point five (1.5) per centum per month.

Acceptance of Goods

The customer will inspect the goods immediately upon delivery to the customer or upon collection of that order by the customer’s agent or courier as the case may be.

All claims against Centrapak regarding the quality, nature, fitness, suitability, conformance with description or defects of the goods must be made in writing to Centrapak within thirty (30) days of delivery.  Centrapak does not accept liability for any such claim not made in accordance with these terms.

In the event of a justified objection notified by the customer to Centrapak in accordance with these terms, Centrapak may, at its option:

a.              reduce the purchase price by agreement with the customer;

b.              accept the return of the goods and, subject to the goods being returned in the same condition as when they were delivered to the customer, refund to the customer the purchase price; or

c.              replace the goods; and no additional claims of any nature whatsoever may be made against Centrapak.

Warranty

Goods sold shall have only the benefit of a warranty given by manufacture.  All conditions and warranties implied by law are hereby expressly negatived insofar as they lawfully can be.  Goods are not guaranteed by Centrapak in any way unless guaranteed expressly in writing.

Liability

Except as otherwise provided in these conditions, Centrapak shall not be under any liability in respect of defects in goods delivered or for any injury, damage or loss resulting from such defects or from any work done in connection therewith except to the extent of any applicable statute.  Notwithstanding any other provision of the contract Centrapak shall not be liable to the customer for any loss of profits howsoever arising nor shall Centrapak be under any liability whether in contract, tort or otherwise nor for any injury, damage or loss whether consequential or otherwise save as is expressly provided in these provisions.  The customer acknowledges that Centrapak gives no warranty as to fitness of the product for the intended application of the customer and that the customer has relied entirely upon its own evaluations thereof.

Trade Practices Act

The terms in this agreement that exclude or limit Centrapak’s liability will apply only to the extent permitted by law.  Provisions of the Trade Practices Act 1974 (Cth) and other statutes from time to time in force cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent.  This agreement must be read and construed subject to any such statutory provisions.  If any such statutory provisions apply, then to the extent to which the owner is entitled to do so, its liability under those statutory provisions will be limited at its option to, the replacement of the goods or the supply of equivalent goods; or the repair of the goods; or the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired.