Sarroff Designs |

TERMS AND CONDITIONS OF TRADE

These terms and conditions of trade relate to the supply of products by Sarroff Designs Pty Ltd (the company) to its customers (you). By signing and submitting an order to us you indicate your acceptance of these terms and conditions of trade. The company may amend these terms and conditions of trade by providing written notice to you. The amendment will take effect immediately for all new orders placed after we send to you the written notice of the amendment and for any products already supplied thirty (30) days after we send you the written notice of the amendment.

CREDIT CHECKS

The company in assessing your application for creditor at such later time in seeking to collect payments from you may contact a Credit Recording Agency pursuant to Section 18(E)(8)(C) of the Privacy Act give the agency personal information in relation to your application for credit. Such information may include identity particulars, the fact you have applied for credit and the amount, where payments are overdue for sixty (60) days and notice has been given to you, where payments have been made that are to becoming overdue, dishonored cheques, credit provided by this company has been paid or otherwise discharged and where appropriate that a credit infringement has occurred.

By submitting the credit application form to the company, you authorise the company to carry out any credit checks on you with third parties, including credit reporting agencies
as the company may require. You authorise the company to make enquiries and to use, exchange or disclose information which is disclosed on the credit application form or as obtained by us from any other source from or to any other credit provider or Credit Reporting Agency.

In collecting overdue payments in respect of commercial credit provided by the company to you, you agree to the company receiving from a credit reporting agency a credit report containing personal information about you in relation to such collection.

By submitting the credit application form, you agree that the company may give to and seek information from any credit providers named in this application and any other credit providers referred to in the Credit Report issued by the Credit Reporting Agency, information about your credit arrangements. You understand that this information can include any information about your credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act. You understand that this information may be used for the following purposes:-

a) to assess an application made by you for credit;


b) your credit worthiness;


c) to notify other creditors of a default by you;


d) to exchange credit information by other credit providers as to the status of this loan when you are in default with other credit providers.

You agree that the company may seek from a Credit Reporting Agency, a Credit Report containing personal information about you to assess whether to accept you as a guarantor for credit applied for or provided to the applicant named herein.

You hereby acknowledge and consent to the above information being provided/disclosed/ exchanged/requested by or to the company.

You agree that if the company approves your or the borrowers application for credit this agreement remains in force until the credit facility covered by the application ceases.

TITLE OF GOODS

Ownership

In the product provided by the company to you does not pass to you until you have discharged all outstanding indebtedness whether in respect of the product or otherwise to the company.

Risk

The product will pass to you on delivery of the product to you.

Refund and Credit

You may return any products provided to you by the company and obtain a credit for the value of those goods as follows:-

a) the product is so returned at your expense within seven (7) days of the product being delivered to you by the company;

b) that the product returned is in good condition and repair and fit for use to a standard determined in the ultimate discretion of the company; and

c) that the risk in the product remains with you until the products are received by the company and the company reserves the right to charge a restocking
or return fee as may be deemed appropriate by the company in the circumstances.

LIMITATION OF LIABILITY

The company makes no express warranties under the terms and conditions of trade that the product supplied to you will be complete or free from any and all inheritant or latent defects or errors.

To the maximum extent omitted by law the company exclude, for themselves and for any supplier of product to the company or I believe for all claims, expenses, losses, damages and costs made against or incurred or suffered by you directly or indirectly (including without limitation) lost costs, profits or income (arising out of:-

a) ill-use or miss-use of any product so supplied;


b) your inability to use the product;


c) any negligence of an employee of the company, its contractors or agents or of any supplier of the product in connection with the performance of the

company’s obligations under these terms and conditions of trade;
d) if the company breaches any express provision of these terms and conditions of trade or a conditional warranty implied under any law, which cannot be lawfully modified or excluded by these terms and conditions of trade, then the company’s liability to you will, to the extent permitted by law, be limited at the company’s option to supplying or re-supplying the product again or paying for their re-supply. The company’s liability to you for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you caused or contributed to that loss or damage.

DIRECTORS GUARANTEE

In consideration for the company granting credit to the you, You hereby irrevocably guarantee to the company the due and punctual payment to the company on demand of the limit and any other monies which may become due and owing by you to the company together with any interest on the limit and all legal or other fees, costs, charges or damages that may be owing.
You agree to indemnify the company against any loss, damage, charge, expense or other liability due to the breach by you of any of its obligations under this document.
You agree to pay any money the company is entitled to under this guarantee within 14 days after receipt of a written demand. You acknowledge that this guarantee and indemnity is a principal obligation and may be enforced against you without the company first having taken any proceedings against you or any other person. If more than one person has provided this director’s guarantee, each of you are bound jointly and severally.
This guarantee is a continuing guarantee and your liability under it shall not be affected by the company giving time or other indulgence to the application or to any other person or company. This Director’s guarantee will not be affected if the you becomes insolvent, goes into liquidation, official management, receivership, arrangement, administration, winding up, assignment for the benefit of creditors or a receiver and/or manager, administrator or other similar person is appointed in respect of the company or any of its assets or undertakings.

MERCHANDISING

The Supplier also agrees to supply merchandising stands for the sole purpose of displaying the Sarroff Designs range of products at no cost to the retailer. This display stand remains the property of the supplier at all times and is to be returned to the supplier upon the termination of this agreement.

The retailer also undertakes to use the display merchandiser exclusively for the Sarroff Designs range of products and not to display any unauthorized range of products without the written consent of the supplier.

The merchandising stand must be kept in good condition. General wear and tear is understandable however negligence and lack of maintenance of the stand could result in withdrawal of the stand.

Upon termination of the stand by the stand must be returned to the supplier at the expense of the retailer. Measures by the supplier will be implemented to support this process.

GENERAL

These terms and conditions will apply to the exclusion of all other terms and conditions contained in your order. In the event of any inconsistency, the company will be deemed, by delivering the products to you, to have made an offer to you to sell the products pursuant to these terms and conditions which will be deemed to have been accepted by you if you retain the product in your possession.

The company reserves the right to recover from you all goods and services, taxes (GST) payable in respect of the supply of the product to you.

These terms and conditions are governed by and will be construed in accordance with the laws of the State of Queensland and the parties agree to submit the jurisdiction of the Courts of that State.

The failure by the company to exercise, or delay an exercise, any right power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.

The company shall not be held liable for any damages or losses, direct, indirect, special or consequential to the failure or delay of delivery of goods as a consequence of force majeure being any Act of God, government or quasi-government restrictions, riots, strikes, civil commotions, wars, insurrections, customs, quarantine, unavailability or delay in the availability of transport, and or any other cause beyond the reasonable control of the company.
The company under no circumstances honours sale of return for any orders.
Orders cannot be cancelled except on the terms and conditions that will compensate the company for all work and cost associated to the date of cancellation.