These standard terms and conditions apply to all sale of products by Whites Group Pty Ltd ABN 25 001 845 478 (“Whites Group”) to any customer (“the Customer”).
Title to Products
Until the purchase price of the products and all other sums due by the Customer to Whites Group upon any account whatsoever have been paid or satisfied in full:
- the products shall remain the property of Whites Group notwithstanding the delivery of the products and the passing of risk to the Customer;
- Whites Group may at any time recover the products if they are in the Customer's possession and re-sell the products if any payment owed by the Customer on any account is overdue;
- for the purpose of so recovering the products, Whites Group, its servants or agents may enter upon the Customer's or other premises upon which the products are located;
- the Customer shall possess all products on a fiduciary basis only and holds the products as bailee for Whites Group; and
- In the event that the Customer uses the products in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the products in trust for Whites Group. Such part will be an amount equal in dollar terms to the amount owing by the Customer to Whites Group at the time of the receipt of such proceeds. The Customer will pay Whites Group such funds held in trust upon demand by Whites Group.
- the Customer has the right to dispose of the products in the course of its business for the account of Whites Group and to pass good title to the products to its customer being a bona fide purchaser for value without notice of Whites Group's rights. If the products are on-sold prior to Whites Group being paid in full then the sale proceeds are to be held on trust by the Customer for Whites Group.
- The Customer acknowledges that these Standard Terms and Conditions constitute a Security Agreement for the purposes of the Personal Property Securities Act 2009 (“PPSA”) and that Whites Group is entitled to register its security interest in the products on the PPSA Register. The Customer waives its right to receive notice of any such registration.
Limitation of Liability
Whites Group liability in respect of a breach of a consumer guarantee or any warranty made under these Standard Terms and Conditions for any products not of a kind ordinarily acquired for personal, domestic or household use is limited, to the extent permissible by law and at the option of the Whites Group in relation to the products:
i) replacing the products or the supply of equivalent products;
ii) the repair of the products;
iii) the payment of the cost of replacing the products or of acquiring equivalent products; or
iv) the payment of the cost of having the products repaired.
To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Standard Terms and Conditions are excluded and Whites Group is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:
v) any increased costs or expenses;
vi) any loss of profit, revenue, business, contracts or anticipated savings;
vii) any loss or expense resulting from a claim by a third party; or
viii) any special, indirect or consequential loss or damage of any nature whatsoever caused by White’s Group failure to complete or delay in completing the order to deliver the goods.
The Customer will indemnify Whites Group and keep Whites Group indemnified from and against any liability and any loss or damage Whites Group may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Standard Terms and Conditions by the Customer or its representatives.
- The times quoted for delivery are estimates only and Whites Group accepts no liability for any delay in delivery of products ordered or any unavailability of products ordered.
- Risk in the products will pass to the Customer on delivery.
- Whites Group reserves the right to charge for delivery of products.
All credit orders are accepted by Whites Group subject to satisfactory credit approval of the Customer. Credit approval, once granted, may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all products is required on delivery. Where credit has been granted, payment for the products is to be made on or before 30 days from the end of the month of purchase. Payment must be made in full without set off or deduction. If the Customer is in default, Whites Group may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights. Credit card payments are accepted for VISA and MASTERCARD and incur a fee of 2%.
Damaged or defective products or products which are not otherwise in accordance with the Customer’s order may be returned by the Customer to Whites Group in their original condition and original packaging within 14 days of delivery. A return authority is required prior to return.
Subject to the above, all products shall be deemed to have been accepted by the Customer as being in accordance with order.
All pricing excludes GST.
These Standard Terms and Conditions apply to all supply of products between Whites Group and the Customer, including all quotations, offers, acknowledgements, orders or sales relating to the products supplied by Whites Group to the Customer.. No order shall be binding on Whites Group until accepted by Whites Group. An individual contract for the supply of products on these Standard Terms and Conditions is formed on acceptance by Whites Group of an order from the Customer. Whites Group reserves the right to accept any order in whole or in part. Where Whites Group makes a part delivery of any order, such delivery shall constitute a separate contract.
No order may be cancelled after it has been accepted by Whites Group.
Any orders placed with Whites Group are on the basis of these Standard Terms and Conditions unless otherwise expressly agreed in writing by Whites Group. These Standard Terms and Conditions (which will only be waived or varied in writing signed by Whites Group) will prevail over all conditions and terms of the transaction to the extent of any inconsistency. Acceptance of Whites Group products constitutes acceptance of these Standard Terms and Conditions.
Whites Group may add to or change these Standard Terms and Conditions provided the updated terms and conditions are available to be viewed on line at www.whitesgroup.com.au. The Customer will be bound by and agrees to accept any such updated terms and conditions.
No waiver of any of these Standard Terms and Conditions or failure to exercise a right or remedy by Whites Group will be considered to imply or constitute a further waiver by Whites Group of the same or any other term, condition, right or remedy.
The law of the State of New South Wales shall apply to these Standard Terms and Conditions and all sales by Whites Group. The Customer and Whites Group submit to the jurisdiction of the courts of New South Wales.