WHITES WIRES
STANDARD TERMS AND CONDITIONS
Whites Wires are suppliers to recognised resellers and manufacturers using our products as a supply input. We DO NOT have retail sales facilities.
These
standard terms and conditions apply to all sale of
products by Whites Wires Australia Pty Ltd ABN 25 001
845 478 (“Whites Wires”) 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 Wires upon any account
whatsoever have been paid or satisfied in full:
- the products shall remain the property of Whites
Wires notwithstanding the delivery of the products
and the passing of risk to the Customer;
- Whites Wires 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 Wires, 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
- the Customer has the right to dispose of the products
in the course of its business for the account of
Whites Wires and to pass good title to the products
to its customer being a bona fide purchaser for value
without notice of Whites Wires's rights. If
the products are on-sold prior to Whites Wires being
paid in full then the sale proceeds are to be held
on trust by the Customer for Whites Wires.
Liability
Conditions and warranties may be implied by legislation
or otherwise into these terms and conditions or to
the sale of products by Whites Wires. To
the extent that such conditions and warranties may
lawfully be excluded, all such conditions and warranties
are expressly excluded.
Whites Wires hereby limits the amount of its liability
in the case where the products are not of a kind ordinarily
acquired for personal, domestic or household use, at
Whites Wires's option, to:
- the replacement of the products or the supply of
equivalent products; or
- the payment of the cost of replacing the products
or of acquiring equivalent products;
Subject to the above, under no circumstances will
Whites Wires be liable for any loss or damage to persons
or property of any nature as a result, direct or indirect,
of any defect, deficiency or discrepancy in products
sold by Whites Wires. It is the Customer's sole
responsibility to ensure that the products sold are
sufficient and suitable for the purposes of the Customer.
Delivery
- Whites Wires is not liable 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 Wires reserves the right to charge for delivery
of products.
Payment
All credit orders are accepted by Whites Wires
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.
Credit card payments may incur a fee as set out at www.whiteswires.com.au from
time to time.
Return
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 Wires
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.
GST
All pricing excludes GST.
Order acceptance
No order shall be binding on Whites Wires until accepted
by Whites Wires. An individual contract
for the supply of products on these standard terms
and conditions is formed on acceptance by Whites Wires
of an order from the Customer. Whites Wires reserves
the right to accept any order in whole or in part. Where
Whites Wires 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 Wires.
Inconsistencies
Any orders placed with Whites Wires are on the basis
of these terms and conditions unless otherwise expressly
agreed in writing by Whites Wires. In the event
of any inconsistency between any terms and conditions
in the Customer’s order and these terms and conditions,
Whites Wires will be deemed, by delivering the product
to the Customer to have made an offer to the Customer,
to sell the products pursuant to these terms and conditions,
which offer will be deemed to have been accepted if
the Customer retains the products.
Changes
Whites Wires may add to or change these terms and
conditions provided the updated terms and conditions
are available to be viewed on line at www.whiteswires.com.au. The
Customer will be bound by and agrees to accept any
such updated terms and conditions.
Jurisdiction
The law of the State of New South Wales shall apply
to these terms and conditions and all sales by Whites
Wires. The Customer and Whites Wires submit to
the jurisdiction of the courts of New South Wales. |
