Terms & Conditions
BINK CEMENT PRODUCTS
TERMS AND CONDITIONS OF SALE
To the fullest extent permitted by law, all contracts made between Bink Cement Products Pty Ltd ABN and the Customer (“The Customer”) relating to the sale by Bink Cement Products of any products to the Customer (‘The Products”) are subject to the following Terms and Conditions of Sale (“These Terms”)
- PURCHASE PRICE
- Unless otherwise agreed in writing, all sales are made by Bink Cement Products at its list price at the time of delivery and the Customer acknowledges that the list prices are subject to alteration without notice to the Customer.
- Any prices quoted do not include delivery costs unless otherwise stated. Unless otherwise agreed in writing, the charge for any delivery of Products will be at Bink Cement Product’s list rate of charges at the time of delivery, or the delivered price, whichever is applicable.
- GOODS AND SERVICES TAX
All pricing is inclusive of the Goods and Services Tax (“GST”) unless otherwise indicated, and the Customer agrees to pay Bink Cement Products for the full invoice amount inclusive of GST
- The Customer must pay for the products before delivery or within 30 days of month-end, unless any other credit period is agreed in writing by the parties.
- Bink Cement Products may charge the Customer interest on overdue amounts at a rate equivalent to 3% more than the business overdraft commercial interest rate of the National Australia Bank per annum from the invoice date until payment of the debt and all costs, charges and expenses which are incurred by Bink Cement Products in connection with the recovery of these amounts.
- If a dispute arises concerning an order, Bink Cement Product’s records will be conclusive evidence of the details of the order.
- When an order is placed by the Customer, the Customer agrees to inform Bink Cement Products of any material facts which might reasonably affect Bink Cement Product’s commercial decision to accept the order and/or to grant credit in relation thereto.
- Any variation or cancellation of an order must be approved in writing by Bink Cement Products.
- Property in the Products will not pass until payment is received in full of all monies owed by the Customer to Bink Cement Products, and Bink Cement Products reserves the right to take possession of and dispose of the Products as it sees fit at any time until full payment has been made. The Customer authorizes Bink Cement Products to enter upon any premises where any Products are, in the name of the Customer, in order to do so and with such force as necessary.
- Immediately open delivery, the Customer accepts responsibility and risk for the Products.
- Until payment in full, the Customer agrees: (1) to keep all Products unpaid for as fiduciary for Bink Cement Products and to store them in a manner which shows Bink Cement Products; (2)only to sell the Products in the usual course of its business on condition that the Customer holds all proceeds in trust for Bink Cement Products; and (3) that a sale on terms or for less than cost is not “in the usual course”.
- The Customer agrees that a certificate signed by an officer of Bink Cement Products identifying any Products as “unpaid for” will be conclusive evidence of non-payment and of Bink Cement Product’s title to those Products.
- DELIVERY AND FORCE MAJEURE
- The Customer agrees that: (1) Bink Cement Products accepts no responsibility whatsoever for delivery but may elect to arrange delivery at its discretion at the Customer’s cost and risk; (2) the Customer is deemed to have accepted delivery and liability for the Products immediately they are delivered to any delivery party; or to the Customer’s business premises, whether attended or not; and (3) a certificate signed by an officer of Bink Cement Products confirming delivery is conclusive evidence of delivery, as is any signed delivery docket whether signed by an employee or agent of the Customer or any other person on the delivery site with ostensible authority.
- Where due to any cause whatsoever the time spent by Bink Cement Products in attempting to deliver or delivering the Products exceeds 30 minutes, or requires more than one attempt, the arising from any cause or event beyond Bink Cement Product’s control, including but not limited to acts of God, natural physical disasters, legislative change, government action, equipment breakdown or malfunction, failure or serious interruption to electricity or water supply, traffic delays, industrial stoppages or material shortages.
To the extent permitted by law
- Bink Cement Products reserves the right to refuse to accept any Products from the Customer (including Products made to order or “one off”) for return and credit.
- The Customer agrees to inspect all Products within seven days of delivery.
- If Bink Cement Products elects to accept a return of Products from the Customer, any credit given to the Customer will be at Bink Cement Product’s discretion after deductions of any cartage costs borne and/or handling fee charged by Bink Cement Products.
- Bink Cement products online website is only a guide to colour selection and accept no returns based on this assumption. Colours should be viewed at our display centre.
The Customer acknowledges that variations in the colour of concrete masonry goods will occur due to variations in manufacturing schedules, raw materials used and other causes beyond Bink Cement Product’s control.
- LIMITATION OF LIABILITY
To the extent permitted by law:
- Bink Cement Products hereby excludes all representations, conditions and warranties, oral or written, except those which by law cannot be excluded, restricted or modified.
- Bink Cement Product’s liability for breach of condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974(other than a condition or warranty implied by Section 69 of that Act) in relation to the supply of goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption is limited, at Bink Cement Product’s option, to: (1) in the case of goods – the replacement, repair or payment of the cost of replacement or repair of the goods; and (2) in the case of services – supplying the service again or payment of the cost of having the services supplied again.
- Bink Cement Product’s liability to the Customer for loss, damage or injury of any kind whether direct, indirect or consequential arising from the negligence, willful act or default, breach of these Terms by Bink Cement Products or its employees, agents or subcontractors, or otherwise in connection with these Terms or the Products, is excluded.
- Bink Cement Products will not be liable for any claim by the Customer in respect of any matter arising out of the supply of the Products unless the claim together with full particulars thereof is lodged in writing with Bink Cement Products no later than seven days after the occurrence of the event or circumstance on which the claim is based.
To the extent permitted by law:
- No contract of sale between Bink Cement Products and the Customer will be a sale by sample.
- The Customer agrees to rely on its own knowledge and expertise in selecting any Products for any purpose, and that any advice or assistance given for or on behalf of Bink Cement Products is to be accepted by the Customer at its own risk and is not given as expert or adviser and must not be relied upon by the Customer.
- CUSTOMER’S CONDITIONS
No terms and conditions of the Customer will apply, except where consistent with these Terms.
In the event of any breach of these Terms by the Customer and without prejudice to any other rights Bink Cement Products may have, Bink Cement Products may call up all monies owned by the Customer, retain all monies paid on account, cease further deliveries, and recover from the Customer all loss or profits arising therefrom and/or take immediate possession of any Products not paid for.
All pallets remain the property of Bink Cement Products and the Customer agrees to advise Bink Cement Products when the pallets are ready to be picked up by Bink Cement Products.
- SILICA WARNING
It is strongly recommended that concrete masonry Products be “wet” sawn, drilled or chased, and that any accumulated dust be dry vacuummed or dampened with water and swept up. The creation of dust can result in chronic respiratory impairment. For further information contact Bink Cement Products.
Any part of these Terms being a whole or part of a clause, will be capable of serverance without affecting any other part of these Terms.
In the event that Bink Cement Products elects not to exercise any of its rights arising in connection with these Terms, Bink Cement Product’s election will not constitute a waiver of any rights relating to any other breach of these Terms.