Terms & Conditions
KJOFFICE PTY LTD – TRADING TERMS
The conditions of sale set out below shall apply to all contracts for the supply of goods ("goods") made with kjoffice Pty Ltd (“Seller”) and the person purchasing the goods ("Buyer") and shall not be deemed or construed to be modified, rescinded or waived in whole or in part except by written amendment by the parties.
Acceptance of delivery of any goods will be deemed to be acceptance by the Buyer of these Terms and Conditions, notwithstanding anything that may be stated to the contrary in the Buyer's inquiries or on the Buyer's orders. Goods are non-refundable once delivered.
Prices unless otherwise stated, do not include goods and services tax, other taxes, import duties or other levies or tariffs, freight or insurance charges which, if applicable, will be an extra charge.
Payment of all accounts should be made within the payment period agreed. In the event that payment is not received by the Seller within the payment period, default interest may be charged by the Seller, at a rate equivalent to 3 per cent above the Seller's Banker's Commercial Overdraft rate for the period during which the payment has been overdue. Such default interest may be charged by the Seller on the overdue moneys from the last day of the payment period until all moneys including default interest have been paid in full. All payments shall be applied first in payment of default interest (if any).
5.1. Dates given for delivery are stated in good faith but are not to be treated as a condition of the sale. No claim shall be made by the Buyer on account of late delivery however caused. Late delivery shall not constitute a breach of this contract by the Seller, and the Buyer shall not be entitled to cancel the contract because of late delivery.
5.2. Delivery by the Seller to a carrier shall be deemed to delivery to the Buyer.
- UNANTICIPATED EVENTS
The Seller shall be entitled to cancel or suspend delivery of the goods in the event of any delay or non-performance due directly or indirectly to wars, strikes, lockouts, delays or defaults of manufacturers or suppliers, act of God, or any other cause (whether similar or dissimilar) beyond\ the reasonable control of the Seller. The Buyer shall have no claims whatsoever against the Seller in consequence of any such cancellation or suspension.
7.1. The risk in the goods shall pass to the Buyer upon delivery.
7.2. The Buyer shall be obliged to insure the goods from the time of delivery to the Buyer and, pending payment in full, insure the goods in the name of the Seller and Buyer for their respective interests.
8.1. The Seller retains legal and equitable title in any goods supplied to the Buyer (‘Goods’) until payment in full or in connection with the supply of the relevant Goods has been received by the Seller. Until payment in full has been received, the following terms apply.
(a) Notwithstanding that title in the Goods remains with the Seller until payment has been received in full, the Buyer may sell such Goods or use the Goods in the ordinary course of the Buyer’s business. If the Buyer sells any item of the Goods to a purchaser, the Buyer sells it as principal and not as agent of the Seller.
(b) Until the Goods are sold or used in a manufacturing or construction process, the Buyer must keep the Goods safe and free from deterioration, destruction, loss or harm, clearly designate the goods as the property of the Seller and keep full and complete records, firstly of the physical location of the Goods, and secondly, of the ownership of the goods by the Seller.
(c) If the Buyer does not make payment in full in accordance with clause 4, the Seller is irrevocably entitled to inspect or to recover and retake possession of any item of the Goods, and otherwise exercise in relation to the Goods any of its rights whether those rights are as owner and/or unpaid seller or otherwise and whether those rights are conferred by common law, contract, statute, or in any other way. In order to exercise such entitlement, the Seller and its agents are irrevocably authorised by the Buyer to enter any of the Buyer’s premises or vehicles or those of any third party. The Buyer agrees to obtain the consent of any such third party to such entry by the Seller and to indemnify the Seller and its agents for any liability arising from any entry upon such third parties’ premises or vehicles. The Seller and its agents agree to take all reasonable care in removing the Goods from such premises or vehicles but, to the extent this liability may be disclaimed by law, are not liable for any damage or injury to such premises caused by the removal of the Goods.
8.2. Personal Property Securities Act 2009 (PPSA)
(a) The retention of title arrangement described in clause 8.1 constitutes the grant of a purchase money security interest by the Buyer in favour of the Seller in respect of all present and after-acquired Goods supplied to the Buyer by the Seller.
(b) The Buyer must immediately, if requested by the Seller, sign any documents, provide all necessary information and do anything else required by the Seller to ensure that the Seller’s purchase money security interest is a perfected security interest.
(c) The Buyer will not enter into any security agreement that permits any other person to have or to register any security interest in respect of the Goods or any proceeds from the sale of the Goods until the Seller has perfected its purchase money security interest.
(d) The Buyer hereby waives any rights the Buyer may otherwise have had to:
- receive any notices the Buyer would otherwise have been entitled to receive under ss 95, 118, 121, 130, 132, or 135;
- apply to a Court for an order concerning the removal of an accession under section 97;
- object to a proposal of the Buyer to purchase or retain any collateral under ss 130 and 135;
- apply to a Court for an order concerning the removal of an accession under section 97;
- receive a copy of a verification statement confirming registration of a financing statement, or a financing charge statement, relating to any security interest the Seller may have in Goods supplied to the Buyer from time-to-time.
(e) For the purposes of this clause 8.2, all references to sections are to sections of the Personal Property Securities Act 2009 (Cth) (‘PPSA’), and the expressions ‘accession’, ‘collateral’, ‘financing statement’, ‘financing change statement’, ‘security agreement’, ‘security interest’, ‘perfected security interest’, and ‘verification statement’ have the meanings given to them under, or in the context of the PPSA.
(f) This reservation of title and ownership is effective whether or not the Goods have been altered from their supplied form, or used in a manufacturing or construction process with other goods.
9.1. Notwithstanding any other agreement as to the terms of payment, the total purchase price shall immediately become due and payable and the Seller shall have the right to forthwith cancel this contract (without prejudice to any other of its rights) upon the occurrence of any of the following events: (a) the Buyer ceases or threatens to cease to carry on business; (b) the Buyer enters into any negotiations for any arrangement or composition with its creditors; (c) the Buyer is unable to pay its debts (including contingent liabilities) as they fall due; (d) the Buyer becomes bankrupt or commits an available act of bankruptcy or proceedings are taken for liquidation of the Buyer's affairs;
(e) the Buyer, being a company, goes into liquidation whether voluntary or compulsory or does anything or fails to do anything which would allow a receiver or manager to be appointed or a receiver or manager to take possession of any of the Buyer's assets or which would entitle any person to present an application for winding up or is wound up or dissolved or placed under statutory management or enters into a scheme of arrangement with its creditors or any class thereof; (f) any distress or execution is levied on the Buyer;
(g) breach by the Buyer of any other terms contained in this agreement.
9.2. Upon the happening of any one or more than one of the above events the Seller will be entitled to repossess and resell goods which remain the property of the Seller within the terms of clause 9.
If the Buyer defaults in performing its obligations under this agreement and the Seller incurs expenses in enforcing its rights under this agreement, the Buyer shall pay those expenses (including full legal costs) to the Seller on demand.
11.1. Advice by the Buyer that he has been invoiced for goods not received must be given within seven (7) days from the date of invoice.
11.2. All claims of any nature must be accompanied by particulars of the claim and by invoice and delivery details
11.3. In making a claim, the Buyer must hold goods so found to be defective for the Seller’s instructions for a reasonable period.
11.4. The Buyer must not return goods so found to be defective except with the consent of the Seller.
11.5. If the Buyer fails to inspect the goods within 7 days after delivery, the Seller at its discretion can reject any claim arising as nil and void.
11.6. Where the Buyer is using the Seller's insurance cover and the Buyer's loss or damage falls within the terms of such cover, then the Seller will make good any such loss or damage upon receipt by the Seller of the Buyer's "Lost in Transit Claim Form".
11.7. No claim in respect of goods damaged in transit will be entertained if a carrier has been given a receipt signed without comment or objection by the Buyer or his agent.
11.8. In no circumstances whatever shall the Seller be liable for consequential losses whether suffered by the Buyer and/or any third party.
- RETURNS POLICY
A handling fee of $30- or 15%, whichever is the greater, will be charged for this service. Buyer has 7 days from invoice date to return goods. Goods must be in their original condition and original packaging. The Seller will not accept any goods without prior approval. After 7 days no return of goods will be accepted. Special orders and cutting jobs will not be exchanged or refunded.
- APPLICABLE LAW
These Terms are governed by the law in force in the State of Victoria. Each party submits to the non-exclusive jurisdiction of the courts of Victoria.