Terms and Conditions
All sales of Product by CBIT Pty Limited (ABN: 16 107 115 846) are concluded on the undermentioned
STANDARD TERMS AND CONDITIONS OF SALE
1. CBIT Pty Limited will be known as "The Company" in these Standard Terms and Conditions of Sale.
2. Payment terms are strictly Cash on Delivery.
3. Credit limits granted may not be exceeded without the written prior consent of The Company.
4. Goods returned will only be credited in full to the Customer’s account if returned in the same condition as delivered by The Company
to the Customer Initially, unused and in its original packaging, and if returned and received by The Company within 14 days from the Initial delivery.
5. Goods returned will attract a 20% re-stocking fee.
6. Shipping and handling costs will not be refunded.
7. No Product is acceptable for refund from The Company. Repairs, replacements, refunds and warranty are at the sole discretion of the Manufacturer.
8. The Customer hereby acknowledges that, should any amount not be paid on the due date, or any payment by cheque be unpaid, the
entire balance then outstanding shall immediately become due and payable without any notice of whatsoever nature. The Customer
agrees that a service-charge of 0.05% per day on overdue balances may be charged to the Customer’s account at the discretion of The
9. In the event of The Company instructing its solicitors to collect an overdue amount all legal lees and collection charges and tracing
agents fees as between solicitor and client shall be borne by the Customer and all payments made shall firstly be allocated towards such fees and charges, there-after to interest and finally to capital.
10. The Customer hereby consents to the jurisdiction of the laws of The Australian Capital Territory for all actions which may be instituted against it for the recovery of any amounts owing to The Company.
11. The Signatory/ies hereby binds himself/themselves jointly and severally as surety and co-principal debtor/s in with the Customer unto and in favour The Company, its order or assigns, for payment of any amount which is now due or owing by the Customer to The Company.
12. (a) Product supplied by The Company to the Customer will be at the Customer’s risk upon delivery to the Customer or into the Customer’s custody (whichever the sooner), and the Customer must insure the Product thereafter against such risks as The Company reasonably requires.
(b) Ownership of the Product supplied by The Company will not pass to the Customer and will remain with The Company until such time as the Product the subject of the Contract and all other Products supplied by The Company to the Customer and all debts owing by the Customer to The Company from any other cause, have been paid in full.
(c) Until such time as all Products have been paid in full or any other monies due to The Company have been paid in full, The Company authorises The Customer to sell the Product as fiduciary agent for The Company in the ordinary course of its business.
The Customer must not represent to any third party that it is acting for The Company and The Company will not be bound by any contracts with third parties to which the Customer is party. The Customer in holding the Product will act as The Company’s fiduciary agent and bailee. The proceeds of the sale of the Product by the Customer must be paid into a separate account and held in trust for The Company. The Customer must forthwith make payment to The Company from the account of all amounts which may be owing by the Customer to The Company from time to time.
(d) Until such time as the Product has been paid for in full and all other debts discharged by the Customer, the Customer must store the
Product in such a manner as to show clearly that it is the property of The Company.
(e) The Customer irrevocably agrees and undertakes that The Company (its servants or agents) will have the right forthwith (and without prejudice to any other rights The Company may have pursuant to these Standard Terms and Conditions of Sale or at law or in equity) without notice or demand to immediately enter upon the Customer’s premises and retake possession and remove the Product in the possession of the Customer or wheresoever situated.
13. Notwithstanding 9(a), 9(b), 9(c) and 9(e) above. The risk of any loss or damage to or any deterioration in Product from whatever cause shall pass to the Customer at the time of delivery.
14. The terms and conditions contained herein constitute the entire Agreement between the parties and no amendment or variation shall be of any force unless to writing and signed by both The Company and the Customer. No representations have been made by The Company of on its behalf which have induced the Customer to enter into this Agreement
15. No relaxation or indulgence granted by The Company to the Customer shall be deemed as a waiver of any rights of The Company in terms of this Agreement and such relaxation or indulgence shall not be deemed a variation of any terms and conditions of this Agreement.
16. The Company shall not be responsible for any loss or damage howsoever caused to the property or person of the Customer or any third party as a result of any defect in the Product whether patent or latent, and the Customer indemnifies The Company against any claims made against it by any third party arising out of any such defects.