HIGH TENSILE FASTENERS - James Glen

TMHIGH TENSILE FASTENERSSummary of trading terms1. TERMS:Strictly NET 30 DAYS from the end of the month in which thegoods are sold.2. FREIGHT:Intrastate and interstate orders with a net invoice value of$250.00 OR MORE will be delivered FREE INTO STORE. JamesGlen Pty Ltd (James Glen) reserve the right to select the methodof transport for F.l.S. deliveries. Where any special freight isrequested costs will be to the customer’s account.3. PRICES:a. James Glen reserves the right to amend therecommended prices and information set out in itscurrent Stock Fastener Lists at any time.b. The packet quantities referred to in James Glen’s currentStock Fastener List are the minimum sale quantity.James Glen reserve the right to supply products in multiplesof Packet Quantity only.c. Special prices on bulk items available on request.d. Prices are shown in this catalogue are exclusive of GST.Customers are liable to pay GST on all items shown, and willbe charged at the applicable rate.e. James Glen reserves the right to refuse large quantity ordersthat may put at risk our continuous supply to the market.4. GOODS:a. Goods shall remain the sole and absolute property ofJames Glen as legal or equitable owner until such time as thepurchaser shall have paid to James Glen the agreed price.Following such payment, title to the goods shall be transferredto the purchaser provided that payment shall not be deemedto be made until any cheque in payment has been dulyhonoured.b. The purchaser acknowledges that it is in possession of anygoods purchased from James Glen solely as bailee for JamesGlen until such time as the full price thereof is paid to JamesGlen.c. The purchaser’s right to possession of the goods shall ceaseif it does anything or fails to do anything which would entitlea receiver to take possession of any assets or which wouldentitle any person to present a petition for winding up of thepurchaser. James Glen may for the purpose of recovery of itsgoods enter forcibly if necessary upon any premises wherethey are stored or where they are reasonably thought to bestored and may repossess and remove the same.d. If new objects are made out of the goods supplied, thenJames Glen will be deemed the owner of the new goodsas surety for the payment of the full price for the materialssupplied.e. Until full payment for the materials supplied has been receivedby James Glen, the purchaser shall keep the materials andnew objects (comprising materials sold) in its capacity asfiduciary owner thereof and if required store them in such away that they could be separately recognised.f. The purchaser shall be entitled to sell the new objects to athird party in the normal course of carrying on its business fora full and proper purchase price or at a reduced price with theprior written consent of James Glen.g. All monies or consideration received by the purchaser forselling the new objects or supplies to a third party shall beheld on trust for James Glen until such time as the purchaserpays the full purchase price to James Glen.5. RETURNS:a. Goods returned for credit will not be accepted unlessauthorised in writing by an authorised officer of James GlenPty Ltd and accompanied by a request for credit showing theoriginal invoice number, date and reason for return.b. Goods will only be accepted for return for credit within 7 daysof purchase.c. Acceptance of goods returned for credit does not implyagreement to issue a credit note. A credit note will only beissued if the returned goods are found to be satisfactory byJames Glen.d. Where incorrectly ordered goods are returned, freight willbe at the customer’s expense. Such returns will be subjectto a 20% handling charge and forwarding freight costs willbe recharged as applicable.e. Goods will not be accepted for return for credit where –1) Traceable products are not returned in their original sealedpackets.2) Any goods are cut or otherwise reworked to purchasers’specifications or quantities.3) Any goods are specially manufactured to purchasers’specifications.4) Any goods are altered or damaged by the purchaser.5) Any standard item, outside of normal product range, isspecially procured.6) The terms of clause 6 are not complied with.6. INSPECTION BY PURCHASER:The purchaser is obliged to open and check all goods suppliedand to report any alleged deficiency with details of the invoicenumber and specification of the claim within 7 days of thedate of delivery. Any claims made outside that time will not beaccepted for credit, except where the supply of such goodsbreaches a condition proscribed by statute or regulation which isunavoidable.7. DISCLAIMER:a. Where the goods were acquired or held out as beingacquired for re-supply or being used up or transformed, intrade or commerce, in the course of a process of productionmanufacture, repair or treating other goods or fixtures on landthen all warranties and conditions express or implied whetherby statute regulation custom or usage are hereby expresslyexcluded and James Glen shall not be liable for any actualconsequential or other loss expense or damage arising orrelated in any way to the supply or use of the goods, or theirnon performances.b. Where sub-clause (a) does not apply or where legislation orregulation prescribes unavoidable warranties or conditionsthen the liability of James Glen for any breach shall be limitedto either the replacement of the goods, or the supply ofequivalent goods, or payment of the cost of replacing thegoods or of acquiring equivalent goods as James Glen in itsabsolute discretion thinks fit.c. Whilst every care has been taken in preparing this publication,James Glen shall not be liable to any purchaser relying onany fact, matter or representation. Purchasers should satisfythemselves as to the suitability and fitness of any productadvertised, before order.d. Whilst every care has been taken compiling the informationand technical data James Glen will not accept responsibilityfor subsequent loss or damage arising from it’s use.Nothing in these terms and conditions shall exclude or modifyany conditional warranty implied by law where to do so wouldrender such terms and conditions void.8. 0THER:a. Any contract for sale shall be deemed to be made in the stateof New South Wales and the law, courts or arbitration facilitiesof that State shall be used to construe or apply the contract orto determine or resolve any dispute or action arising under it.b. The signing of the manifest or delivery docket for goodsreceived, shall constitute acceptance of these Conditions ofSale by the purchaser.c. E&OETERMS AND CONDITIONSA PRODUCT GROUP OF JAMES GLEN METALS DIVISIONABN 96 118 412 892HIGH TENSILE FASTENERS PRODUCT CATALOGUECOPYRIGHT BY JAMES GLEN PTY LTDE163