Scope:
All goods and services supplied by Solid Dynamics Pty Ltd are supplied on these terms and conditions
Order Acceptance:
No order shall be binding on Solid Dynamics Pty Ltd until accepted by Solid Dynamics Pty Ltd. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Solid Dynamics Pty Ltd of an order from the customer. Solid Dynamics Pty Ltd reserves the right to accept any order in whole or in part. Where Solid Dynamics Pty Ltd makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Solid Dynamics Pty Ltd.
Payment Terms:
a) All credit orders are accepted by Solid Dynamics Pty Ltd subject to satisfactory credit approval of the customer, and are governed by Solid Dynamics Pty Ltd’s terms and conditions in force at the time of order placement, including the right to charge interest.
b) Solid Dynamics Pty Ltd may at its discretion charge interest on any monies which are overdue at the rate of fifteen percent (15%) per annum as quoted periodically calculated on a daily basis.
c) Any payment subsequently voided by any statutory entitlement shall be deemed not to have been made.
d) Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all products or services supplied is required on delivery.
e) Where credit has been granted, payment for the Products or Services is to be made on or before seven (7) days from the date of invoice, or fourteen (14) days from the date of a consolidated monthly statement, whichever is the earlier, Payment must be made in full without set off or deduction. Solid Dynamics Pty Ltd will investigate any disputed amounts, and if resolved in favour of the customer, a credit will be issued to the Customer.
Title to Products:
a) Ownership in the products does not pass to the customer until the customer has discharged all outstanding indebtedness, whether in respect of the products or otherwise, to Solid Dynamics Pty Ltd.
b) Risk in the products will pass on delivery to the customer. Delivery may not be refused by the customer.
c) The customer grants to Solid Dynamics Pty Ltd, its agents and servants, leave and licence to enter at any time on and into any premises occupied by the customer to inspect, search for or remove any of the products. If the products are sold by the customer, the Customer acknowledges that such sale is made by the customer as bailer for and on behalf of Solid Dynamics Pty Ltd, to hold the proceeds of sale on trust for Solid Dynamics Pty Ltd, in an account in the name of Solid Dynamics Pty Ltd, until payment in full for the products is made to Solid Dynamics Pty Ltd.
Delivery:
a) Solid Dynamics Pty Ltd reserves the right to charge for delivery of the products at any time, not withstanding that it may not have previously done so.administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery: delivery is to the delivery point specifically accepted by Solid Dynamics Pty Ltd.
b) A handling fee may be incurred on all orders.
Returns:
a) Any products which are damaged or defective, delivered after their “use by” or “best before” date, or which are not otherwise in accordance with the customer’s order, or which the law provides may otherwise be returned to Solid Dynamics Pty Ltd may be returned to Solid Dynamics Pty Ltd within a reasonable time after the customer has had a reasonable opportunity of inspecting the products, at no cost to the customer. The customer may otherwise return products to Solid Dynamics Pty Ltd and obtain a credit except for specially purchased/ custom products: products specifically tailored for the customer’s requirements,
b) Provided that it does so within 7 days of delivery and a written return authorisation is obtained from Solid Dynamics Pty Ltd;
c) Provided that the products are in their original packaging, unopened, of a current make and model, and otherwise as new and in a saleable condition; At the customer’s own expense, or to the customer’s account; and on the basis that risk in the products remains with the customer until the products are received by Solid Dynamics Pty Ltd, and that a restocking or return fee may be charged that is 20% of the selling price.
d) Not withstanding the provisions of this clause above, Solid Dynamics Pty Ltd will not accept are turned product where the customer has caused the product to be come un-merchandise or failed to take steps to prevent the product from becoming un-merchandise or the product has become damaged by abnormal use whilst in the possession of the customer.
Customer Specific Stock:
Where Solid Dynamics Pty Ltd has agreed to procure and/or warehouse and/or distribute products specifically for the customer, the customer must within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the customer does not do so, Solid Dynamics Pty Ltd may dispose of the affected products without liability for any loss or damage suffered by the customer as a result. The customer indemnifies Solid Dynamics Pty Ltd against all claims, demands,loss, costs and expenses incurred by or made against Solid Dynamics Pty Ltd, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that Solid Dynamics Pty Ltd may use, print or reproduce at the customers request.
Liability:
Except for those required or implied by legislation, Solid Dynamics Pty Ltd gives no express warranty in relation to products and services supplied to the customer, and the customer acknowledges that it has not relied on any representation or warranty made by or on behalf of Solid Dynamics Pty Ltd. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of Solid Dynamics Pty Ltd under or arising out of the supply of goods and services for breach of any term condition or warranty implied in or imposed upon the supply of goods and/or services by legislation shall be limited, at the option or Solid Dynamics Pty Ltd to:
a) If the breach or liability relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or-of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired;
b) If the breach or liability relates to services;
(i) the supplying of the services again;
(ii) the payment of the cost of having the services supplied again
Except to the extent the law provides that liability is not able to be excluded, Solid Dynamics Pty Ltd shall not be under any liability to the customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the products, any services supplied by Solid Dynamics Pty Ltd or the failure of Solid Dynamics Pty Ltd to comply with these terms and conditions.
Conflicts:
These terms and conditions will apply to the exclusion of all other terms and conditions contained in the customer’s order. In the event of any inconsistency, Solid Dynamics Pty Ltd will be deemed, by delivering the products to the customer or supplying services to the customer, to have made an offer to the customer to sell the products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the customer retains the products or accepts the services. Solid Dynamics Pty Ltd reserves the right to change these Terms and Conditions at any time.
GST:
Solid Dynamics Pty Ltd reserves the right to recover from the customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the customer.
Jurisdiction:
These terms and conditions are governed by and will be construed in accordance with the laws of New South Wales and the parties agree to submit to the jurisdiction of the courts of that state.
