The sale of the products shall be limited to the supply capacity of the vendor, the availability of materials, components and labour, the ability to source the products from the manufacturer or supplier, and to other circumstances outside the reasonable control of the vendor.
The sale of the products to the customer is on a non-exclusive basis and the vendor has the right to sell the products to other parties at such prices and terms of sale without limitation on each occasion.
If the customer fails to pay moneys owing to the vendor when due for payment then the vendor reserves the right to charge interest on those amounts, until payment is made, at the current base overdraft rate of the vendor’s bankers plus 3% calculated daily and payable on demand.
Payment of the purchase price and all other amounts in respect of each order is due on the 20th day of the month following the date of invoice or delivery, whichever is the earlier.
The purchase price is based ex warehouse or factory and unless otherwise shown or stated is exclusive of GST and other taxes, charges or levies, insurance, packaging and freight, all of which shall be additional charges to the customer.
If the customer defaults in performing its obligations under this agreement and the vendor incurs costs in enforcing its rights under this agreement, the customer shall pay those costs (including commissions, all legal costs and disbursements, and any other cost incurred in the recovery of the debt) to the vendor or its duly authorised agent on demand.
No warranties, representations or guarantees are given, made or implied in respect of the products except as stated herein or as may be required or implied by law.