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Terms
and Conditions
TERMS OF BUSINESS
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All
goods are supplied by the Company (Prima Burs Australia) subject to
these terms, unless otherwise agreed in writing between the Company
and the Buyer. The Buyer shall be deemed to have assented to these
terms without reservation or condition upon despatch of the goods
pursuant to the Buyer’s order.
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All
goods are supplied by the Company to the Buyer on the understanding
that such goods are resold to consumers in the country in which the
Buyer is established unless otherwise agreed in writing.
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Conditions set out on the Buyer’s enquiry or purchase order are
binding on the Company only in so far as they do not conflict with
conditions of sale contained herein and are accepted by the Company.
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Notwithstanding that risk passes to the Buyer upon delivery, the
property in the goods remains vested in the Company until payment
therefore has been made in full. Until payment of all the above
mentioned monies has been made in full, the Buyer holds the goods as
bailee for the Company, and shall accordingly treat the goods and
any monies received from a sale thereof in a manner consistent with
such bailor/bailee relationship which may be inferred from the
subsequent conduct of the Buyer and/or the Company.
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Claims
for damage to goods outwardly visible, shortage or non-delivery must
be notified in writing to the Company within seven days after
receipt of delivery advice, invoice or statement. Goods are
automatically insured on behalf of the buyer except when previously
agreed otherwise. The method of transportation will be decided at
the Company’s discretion if not specified by the customer.
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The
Company reserves the right to refuse acceptance of any goods
returned for exchange or credit without prior agreement. Goods
accepted for exchange or credit will be dealt with on the basis of
the price ruling at time of supply with a 20% ex-works value charge
for inspection, reconditioning or repacking. Obsolete merchandise
items whose manufacture has been discontinued or items made to
“Special Order” are not eligible for credit or exchange.
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The
Company reserves the right to cancel without liability to the
Company any contract to supply goods whether wholly or partly
unfulfilled where the supply or delivery of goods is prevented by
circumstances outside the reasonable control of the Company.
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The
Company will in respect of any defect in any goods sold or any
repair to or replacement thereof of which defect the Buyer shall
have notified the Company in writing within three months immediately
following the date of delivery of such goods, at the Company’s
option repair or replace the same, provided always:
i. That the goods shall have been used or operated at all times in
accordance with the methods recommended by the Company.
ii. That the Buyer shall have promptly returned the defective goods
properly packed and carriage paid to the Company’s premises. The
cost of carriage shall be reimbursed to the Buyer upon the Company
being reasonably satisfied that the defect is one which the Company
has an obligation to remedy under this Clause.
The provisions of this Clause are in lieu of all conditions,
warranties and statements expressed or implied whether by statute
operations of law or otherwise and no liability other than those
expressed in these terms is assumed by the Company nor is any other
person authorised to assume any such liability in respect of these
goods.
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The
Company shall not be liable for damage of any nature consequential
or otherwise which was not reasonably foreseeable at the date of
contract, with respect to any goods sold or delivered or any failure
or delay in delivery.
PRICES
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Prices
are expressed in Australian dollars and, unless otherwise stated,
are ex-warehouse and the cost of packing, packing cases, postage,
carriage, freight or insurance are extra to cost.
TERMS OF PAYMENT
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The
purchaser shall be liable for any foreign import duties, taxes in
post levies, deposits or outlays of any kind levied by the
Authorities at the place of destination or in connection with the
goods, and for any payments, fines, expenses, loss or damage
whatsoever incurred or sustained.
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All
goods are chargeable at prices applicable on the day of despatch
irrespective of the date on which the Buyer’s order was received.
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All
orders are payable against proforma in advance unless a valid credit
application has been submitted and approved. Unless otherwise agreed
in writing, accounts are payable in full within 30 days from the
date of invoice in Australian dollars via direct transfer into the
company bank account and without the deduction of any discount
whatsoever. The Company reserves the right to charge interest at a
rate of 2% per month from the date of invoice on overdue accounts.
Credit Card Payments: Visa and Mastercard are the only credit cards
accepted. There is an additional 2.5% charge for this payment
method.
The charge is made in Australian dollars at the currency exchange
rate on the day of transaction. Please note that there may be a
minor discrepancy with your credit card statement due to a different
day’s rate being used when your account is debited.
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