TERMS AND CONDITIONS
General
1.1 In these Terms and Conditions, unless the context otherwise requires:
“Karingal St Laurence” means genU Business Enterprises Limited and any trading division or entity of the Karingal St Laurence Group, including the agents, employees
successors and assignees of those entities.
“Purchaser” means a person who buys or agrees to buy goods from genU Business Enterprises and includes employees, agents, successors, administrators, and assigns of
the Purchaser.
“Goods” means any item available for sale to the Purchaser by genU Business Enterprises.
ABN: 74 614 366 031
Payment
2.1 Payment is made when cash is received, or if payment is by cheque, when the cheque is cleared into the bank account of genU Business Enterprises.
2.2 All goods shall be paid for in cash on or prior to delivery unless genU Business Enterprises has agreed to supply goods on credit to the Purchaser. In this case:
(a) Payment for goods and other amounts payable to genU Business Enterprises is to be made within (30) days of the last day of the month of invoice showing
these amounts as owing, or the process under clause 7 Default will be initiated;
(b) The Purchaser named in an application for credit to genU Business Enterprises shall be and remain liable for all amounts owing to genU Business Enterprises in
relation to any goods or services supplied on the basis of that application, notwithstanding any change in ownership or stricture of the Purchaser, until such time
as a fresh application for credit in the name of the Purchaser as changed is submitted to and approved by genU Business Enterprises;
(c) Amounts owing by the Purchaser to genU Business Enterprises at any time must not exceed a limit to be determined by genU Business Enterprises from time to
time and advised to the Purchaser in writing. genU Business Enterprises may revise the credit limit at any time for any reason;
(d) The Purchaser agrees to keep genU Business Enterprises fully notified of all changes in name, address, structure and ownership.
Delivery
3.1 Unless otherwise agreed genU Business Enterprises will deliver goods to an address specified by the Purchaser. In such cases:
(a) The Purchaser shall pay all charges associated with delivery unless otherwise agreed;
(b) Delivery shall be deemed to occur upon the arrival of the goods at the agreed delivery address;
(c) genU Business Enterprise’s responsibilities for delivery ceases at the kerb site of the delivery address and in particular genU Business Enterprises shall not be in any
way responsible in relation to any delivery across land. If genU Business Enterprises agrees, at the Purchaser’s request, to delivery across land, the Purchaser
specifically acknowledges that such delivery is at the risk of the Purchaser and genU Business Enterprises shall not be liable for any cost or losses suffered by any
person in connection with that delivery;
(d) The Purchaser shall be present at the agreed place for delivery, if not present genU Business Enterprises may unload the goods at that place in which case it will
not be responsible for any claims, costs or losses arising therefrom.
3.2 A quantity description, date, time and place of delivery of goods as indicated on genU Business Enterprise’s invoice or delivery docket or copies thereof shall be conclusive
evidence of the quantity, description, date, time and place of delivery goods.
3.3 In the event that the Purchaser nominates a delivery date, genU Business Enterprises shall take reasonable steps to achieve delivery on or about that date. However no
promise is given that the goods will be available on that date, notwithstanding any purported term to that effect in any contract for delivery of goods and genU Business
Enterprises shall not be liable for any loss (including consequential loss) for failure or delay in delivery. In no case shall genU Business Enterprises be liable for any amount
payable by the Purchaser to a third party as a result of a failure or delay by genU Business Enterprises due to any cause whatsoever.
3.4 In the event genU Business Enterprises elects to accept a return of goods supplied, it will credit the Purchaser the price of the goods, less delivery, handling and storage
charges.
3.5 Delivery vehicle waiting time on site will be charged as per current price list or as advised at time of order placement.
Inspection
4.1 The Purchaser shall inspect the goods immediately upon delivery, and carry out any test that a prudent purchaser would carry out. Any alleged deficiency or irregularity in
quality or description, or any faults or defects must be notified to genU Business Enterprises in writing within seven (7) working days of delivery.
4.2 If no notice is give by the Purchaser to genU Business Enterprises in accordance with clause 4.1 above, the Purchaser shall be deemed to have accepted that the goods are
strictly in accordance with the contract for supply of goods as to description and quality, are not faulty, comply with all relevant specifications and standards, and are of
merchantable quality and suitable for the purpose for which they are supplied, and the Purchaser shall lose any right (or alleged right) to reject the goods or claim any
remedy whatsoever (including damages) against genU Business Enterprises in relation to any of the above, and the Purchaser will indemnity genU Business Enterprises
against any claim made by any person arising out of goods accepted under this clause, whether or not such goods are damaged or defective.
4.3 A 15% handling fee may be charged for the return of goods which have been incorrectly ordered or are no longer required by the customer.
Warranties and Exclusions
5.1 Except as otherwise provided by the Trade Act 1974, or otherwise legislation, all conditions, warranties and representations not exactly made in writing on relation to a
particular order of particular goods, or appearing in these Terms and Conditions, are hereby expressly negated and excluded.
5.2 The Purchaser acknowledges that otherwise than contained herein, no warranty, promise or representation has been made regarding the quality, fitness for use suitability
or merchantability of goods for any purpose whatsoever. The Purchaser further acknowledges that any advice, information or service provided by genU Business Enterprises
has been given in good faith and without any liability or responsibility whatsoever on the part of genU Business Enterprises, and in the choice of goods and the assessment
of their suitability for the purpose required the Purchaser has relied entirely upon its own knowledge, skill and judgement and has not relied upon the skill and judgement
of genU Business Enterprises.
5.3 Descriptions of goods contained in material produced by genU Business Enterprises are given as a general guide only and do not form part of the description of goods.
genU Business Enterprises shall not be liable for any misdescription, omission or inaccuracy in such material.
5.4 Any liability of genU Business Enterprises with respect to goods shall arise in accordance with these Term and Conditions only and shall be limited to the replacement of
the goods, the repair of goods, the payment of the cost of replacing the goods or the payment of the cost of repairing the goods, genU Business Enterprises may elect and
in particular genU Business Enterprises shall not be liable for any consequential loss whatsoever.
Property and Risk
6.1 The risk in the goods shall pass to the Purchaser upon delivery. The Purchaser shall insure the goods against loss or damage from this time.
6.2 Notwithstanding the passing of risk, all goods delivered by genU Business Enterprises to the Purchaser remain the property of genU Business Enterprises until:
(a) All goods supplied by genU Business Enterprises to the Purchaser have been paid for in full and;
(b) All other indebtedness of the Purchaser to genU Business Enterprises on any account whatsoever has been satisfied. Until that time the Purchaser may sell the goods in
the ordinary course of its business as agent for genU Business Enterprises, and the proceeds shall be held in trust for and as the property of genU Business Enterprises.
prior to any such sale, the Purchaser shall hold possession of the goods for and on behalf of and as bailee for genU Business Enterprises and not on its own behalf, and
shall return the goods to genU Business Enterprises on demand;
6.3 The Purchaser shall provide access to genU Business Enterprises to the premises at any reasonable time to enable genU Business Enterprises to enforce clause 6.2 above
Default
7.1 In the event that the Purchaser or a company related to the Purchaser fails or neglects to pay genU Business Enterprises for goods in strict accordance with these Terms
and Conditions, or ceases or threatens to cease to conduct its business in the normal manner then an Event of Default has occurred.
7.2 When an Event of Default has occurred then:
(a) the full price of all goods and services supplied to the Purchaser by genU Business Enterprises, and all other amounts payable by the Purchaser to genU Business
Enterprises shall immediately become due and owing to genU Business Enterprises and payable upon demand;
(b) genU Business Enterprises may charge interest on all amounts not paid by the Purchaser by the time required for payment at a rate of 1.5% per calendar month
calculated from the due date and accruing & compounded monthly thereafter until the date of payment;
(c) Any money held by genU Business Enterprises to the credit of the Purchaser shall be forfeited to genU Business Enterprises;
(d) genU Business Enterprises may without notice enter onto the premises where goods are stored by the Purchaser to recover possession of goods in which title has
not passes in accordance with clause 6.2;
(e) The Purchaser acknowledges that if it should mix the goods with other products, then the right of genU Business Enterprises to take possession of the goods extends
to the right to take possession of the new products provided that the goods are still capable of separate identification;
(f) genU Business Enterprises may treat the Event of Default as a repudiation of any contract for the supply of goods to the Purchaser, and terminated any such
contract.
Privacy Act Notice
8.1 I, the person named on Karingal St Laurence Ltd Account Application as Director and/or Public Officer and/or Principal of the applicant for credit from your company advise
that, if Karingal St Laurence Ltd considers it relevant assessing the Application for Credit, I AGREE, in accordance with the provisions of S.18k (1)(b) of the Privacy Act 1988,
to Karingal St Laurence Ltd receiving from a credit reporting agency a credit report containing personal information about me.
8.2 In accordance with the provisions of S.18N (1)(b) of the Privacy Act 1988, I agree that Karingal St Laurence Ltd may seek from any credit providers, named by me as a
supplier to me, trade reference or any credit providers named in a credit report issued by a credit reporting agency, information about my credit arrangements. I
understand that this information can include any information about my credit worthiness, credit standing, credit history or credit capacity which credit providers are
allowed to give or receive from each other under the Privacy Act 1988.
I understand that the information may be used for the following purposes: To assess an application by my company or myself for credit and to assess my credit worthiness.