TERMS AND CONDITIONS OF ADMISSION AND SALE
This Contract governs the supply of any goods or services (“the Goods”) by Brandown Ply Limited or any of its related bodies corporate as defined in the Corporations Law (“Brandown”) to you (“the Customer”). Unless otherwise specifically agreed in writing by Brandown, admission of the Customer to Brandown’s site and all orders placed by the Customer with Brandown for supply of the Goods will be on the following terms and conditions:
1. BRANDOWN’S SITE
1.1 The purchase of a weighbridge ticket constitutes a personal revocable licence to tip waste or purchase materials from Brandown. Weighbridge ticket are non-refundable and cannot be exchanged or returned after purchase. They are available for use on the date of and at the time of issue only.
1.2 ‘Waste” means and is restricted to solid non-toxic, non-putrescible waste as approved by the Environmental Protection Authority (“EPA”). “Site” means Brandown’s site located al Lot 90 Elizabeth Drive, Kemps Creek. New South Wales.
1.3 The Customer (and any passenger of the customer) must comply with all Laws and Regulations, signs on site and Brandown’s instructions, including without limitations:
1.3.1 No Smoking on site:
1.3.2 Vehicles must not be driven at more than 20kph on site and seat belts must be worn at all times that vehicles are in motion on site:
1.3.3 Suitable clothing and fully enclosed footwear must be worn at all times on site:
1.3.4 Scavenging and disposal of food. odorous material or any waste not approved by Brandown or the EPA {“non-approved waste”) is strictly prohibited on site:
1.3.5 All children must remain in the Customer‘s vehicle all times whilst on site.
1.4 Brandown may remove any non-approved waste to a disposal facility nominated by the EPA. The Customer will be liable for Brandown’s costs connected with the exercise of Brandown‘s rights under this clause, payable on demand.
1.5 The Customer acknowledges and agrees that the Customer is solely liable for his own safety and the safely of any of his passengers whilst on site and that Brandown has the right to re-sell any property left at the site by the Customer.
1.6 It in the absolute opinion of Brandown. the Customer is in breach of these terms or threatens to breach these terms or it is necessary for the safely and comfort of other customers or for the protection of property, the Customer may be denied entry of be required to immediately exit the site and may, if necessary be physically so removed or restrained.
2. PRICING.
2.1 Unless otherwise indicated, all prices quoted by Brandown are ex-works and exclusive of GST (as that term is used in a new Tax system (Goods and Services Tac) Act 1999 as may be amended from time to time)
2.2 All prices are subject to change by Brandown without notice and Brandown is not liable for any inaccuracies concerning the Goods or their pricing.
2.3 If GST is payable by Brandown in respect of the supply of the Goods to the Customer, the price for the Goods shown in any quotation. invoice or other document (·’the Original Amount‘) is to be increased so that Brandown receives an amount (“Increased Amount”) which after subtracting the GST liability of Brandown arising from the supply of the Goods results in Brandown retaining the Original Amount.
2.4 Brandown will do all things reasonably available to it to assist the Customer to claim, on a timely basis, any input tax credits (if any) the Customer may be entitled to claim for the acquisition of the Goods from Brandown. This includes Brandown maintaining its registered status for GST purposes, and issuing tax invoices for the Goods delivered to the Customer.
3. PAYMENT TERMS
3.1 Credit terms will only be granted following receipt of an acceptable credit application. If credit terms are granted. the terms of payment will be net thirty (30) days from the end of the month in which an invoice is issued in relation to each delivery of the Goods (Unless otherwise agreed in writing).
3.2 If the Customer makes a default in any payment or commits a default pursuant to clause 6.8. then the date for payment of all monies owing and outstanding to Brandown, irrespective of whether the due date for payment as per the invoice has passed, will accelerate, and become due and payable immediately. In such an event, Brandown may without prejudice to any other rights it may have, suspend further deliveries. require payment in advance for all such deliveries or terminate any contract forthwith by written notice to the Customer.
3.3 The Customer will pay interest on all overdue payments, at the rate of 2% per month (or such other rate as Brandown may specify from time to time) from the due date for payment until the date that payment is actually made.
4. WARRANTY AS TO QUALITY
4.1 The Customer has the. benefit of the conditions and warranties implied by the Trade Practices Act 1974 and similar provisions of State and Territory enactments. Nothing herein excludes. limits, restricts, or modifies any statutory obligation, of Brandown or any rights. entitlements and remedies conferred upon the Customer if that cannot lawfully be effected.
4.2 Brandown warrants that the Goods supplied will be of a merchantable quality, however. any liability whether consequential or otherwise arising out out of or in respect of the supply, re-supply, fitness for purpose, use or re-use. of the Goods, however arising, including by virtue of representation. warranty, or express or implied condition or term is hereby excluded.
4.3 If the Goods are not of a merchantable quality. Brandown will at its option. replace the Goods or refund the increased Amount paid by the Customer (and if a refund is made. an adjustment note will be provided).
4.4 The warranty contained in clause 5.3 is conditional upon the Customer within 7 days of delivery of the Goods, making a written claim to Brandown setting out the full particulars of such claim, and having regard to clause 5.5, where possible returning to Brandown sufficient part of the Goods to enable a proper examination.
4.5 Before returning the Goods the subject of a written claim. the Customer must first obtain a Return Authorisation Number from Brandown. The Goods then returned must be accompanied by a copy of Brandown’s invoice. and sent to Brandown. Freight plus insurance pre-paid (one way).
4.6 All advices, recommendations, information. assistance or services (“the Advices”) provided by Brandown in relation to the Goods sold, or their use or application is given in good faith and is believed by Brandown to be appropriate. accurate, and reliable. However, the Customer acknowledges that in purchasing the Goods it has not relied upon. the Advices provided by Brandown or its agents.
5. PASSING OF TITLE & RISK
5.1 The risk in the Goods purchased from Brandown by the Customer will pass to the Customer upon delivery by Brandown to the Customer, or his Agent, or his commissioned carrier.
5.2 Ownership and property in the Goods will not pass to the Customer but will remain with Brandown until such time as:
5.2 1 Full payment is made by the Customer to Brandown for the Goods and there are no other amounts owing to Brandown by the Customer; or
5.2.2 The. Custorner sells the Goods to his customers in the ordinary course of business.
5.3 Until ownership and property in the Goods passes to the Customer. the Customer will:
5.3.1 Hold the Goods on trust and as a fiduciary bailee for Brandown;
5.3 2 Store the Goods in a way that clearly manifests Brandown’s title and ownership in the Goods and in a manner which enables the Goods to cross-referenced to particular invoices;
5.3 3 Permit a representative of Brandown to enter upon all sites where the Goods are stored at a time at the choosing of Brandown to inspect the Goods.
5.4 If the Customer makes default in any payment of an amount due to Brandown, or an event of default as specified in Clause 6.8 hereof occurs. Brandown may without notice and without prejudice to any of its rights and remedies recover and/or resell the Goods or any part of them and may enter upon any site where the Goods are stored to do all things necessary in order to take possession of the Goods. The Customer will be liable for Brandown’s costs connected with the exercise of Brandown’s rights under this clause, payable on demand.
5.5 In the event of the sale of the goods by the Customer, the Customer in its capacity as trustee and fiduciary bailee will:
5.5.1 Hold the proceeds of sale in a separate bank account on trust for Brandown and not mix any other funds with such proceeds of sale; and
5.5.2 Pay to Brandown from such proceeds of sale, the amount which is owed by the Customer to Brandown at the time the Customer receives such proceeds of sale.
5.6 In the event that the Customer breaches clause 6.5 and mixes other monies with the proceeds of sale being held on trust. then the Customer will continue to hold on trust and as a fiduciary bailee for Brandown, such part of the monies as relate to the goods supplied by Brandown. Such part shall be deemed to be equal in dollar terms to the amount which is owed by the Customer to Brandown at the time the Customer receives the proceeds of sale.
5.7 In the event that:
5. 7 1 The Customer uses the goods in some manufacturing or construction process of its own or of some third party: and
5.7.2 The product resulting from the manufacturing or construction process is sold by the customer:
Then the Customer will hold on trust and as a fiduciary bailee, such part of the proceeds of sale as relates to the goods supplied by Brandown. Such part shall he deemed to be equal in dollar terms to the amount which is owed by the Customer to Brandown at the time the Customer receives such proceeds of sale.
5.8 Notwithstanding clause 4 hereof, payment for the Goods supplied by Brandown to the Customer will become due immediately upon the Customer committing any act of bankruptcy (if a natural person) or (being a Company) appointing an Administrator, or committing an act which entitles a third party to wind up or appoint a Receiver or Receiver and Manager to the Company.
6. LIABILITY AND INDEMNITIES
6.1 Brandown will not be liable to the Customer for any loss (including but not limited to loss of profits and consequential loss) or for any damage to persons or property or for death or injury caused by any act or omission (including negligent acts or omissions of Brandown or Brandown’s Agents, wherever occurring, arising from the subject matter of the contract or in connection with the provision or non-provision of the Goods.
6.2 The customer will keep Brandown fully indemnified against all losses and expenses (including solicitor/client legal expenses) which Brandown may suffer or incur due to the failure by the Customer to observe its obligations under the contract, including losses and expenses arising from Brandown entering those sites where the Goods are stored and repossessing the Goods.
7. IMPLIED CONTRACTS
7 1 The terms appearing herein are incorporated by implication into all agreements between, Brandown to supply the Customer with the Goods, irrespective of other terms appearing in documentation provided by the Customer.
