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RTS reserves the right to accept any order in whole or in part, or to decline any order. Where RTS makes a part delivery in respect of any order, such delivery will constitute a separate contract in relation to the goods delivered.
2.1 All prices, whether quoted or given in RTS’s catalogues or price lists, are ex-RTS’s warehouse only and are subject to alteration without notice.
2.2 All prices quoted exclude sales tax, GST and other government taxes, unless otherwise stated, which, if applicable, will be to the Customer’s account.
Goods and Services Tax (GST) will be shown separately in the invoice. The amount of GST payable in respect of the supply of the goods is payable by the Customer. No allowance will be made for input tax, credit or similar credits available to RTS. The Customer must indemnify RTS in respect of GST paid and payable by RTS in respect of the supply of goods to the Customer.
Quotations and Invoices
RTS reserves the right to amend any accidental errors and omissions in quotations and invoices, to charge increases in import duty and other government charges and to charge increased costs caused by changes in currency exchange rates to the Customer’s account. Subject to the above exclusions and unless otherwise stated, written quotations remain firm for thirty (30) days. Delivery Whilst RTS will use its best endeavours to meet the Customer’s delivery time requirements, the Customer agrees that RTS will have no liability to the Customer for any failure to meet particular delivery dates.
5.1 Payment for all goods supplied by RTS will be made in full within 30 days of the date of invoice month unless agreed to the contrary in writing by RTS. In the event that part of an invoice is disputed in accordance with these conditions, then the balance of the invoice must be paid within 30 days of the date of invoice month.
5.2 RTS will not be obliged to deliver goods to the Customer until all overdue amounts owing to RTS by the Customer are paid. In the event RTS elects, as a result of the Customer having monies owing and overdue to RTS, to retain goods referred to in a request or order from the Customer, then:
(a) RTS will not be obliged to provide such goods until thirty (30) days after the date of payment of all overdue amounts to RTS by the Customer; and
(b) RTS will be entitled to cancel any or all orders or requests for goods yet to be fulfilled and recover from the Customer any losses, damages, costs, interest, fees, charges (including handling charges payable to RTS and its supplier) incurred by RTS as a result of the cancellation of such order or request. RTS will have no liability to the Customer as a result of any such cancellation.
In the event the Customer breaches any of these Trading Conditions and RTS takes action to enforce its rights, then RTS will be entitled to recover any costs incurred by it from the Customer. RTS will be entitled to recover the full costs charged to it by its lawyers.
Interest on Outstanding Accounts
The customer agrees that in the event the Customer fails to pay any invoice of RTS by the due date, the Customer will pay to RTS interest on the outstanding amount at the rate of two percent (2%) per annum above the then overdraft interest rate charged on overdrafts of $100,000.00 or less by RTS’s banker.
Risk and Ownership
8.1 The risk in the goods supplied passes to the Customer upon the goods leaving RTS’s premises regardless of whether delivery is to be organised or paid for by the Customer or RTS or any other party.
8.2 The customer irrevocably gives RTS, its agents and servants, leave and licence, without the necessity of giving any notice, to enter at any time on and into the premises occupied or controlled by the Customer, forcibly if necessary, to inspect, search for and remove any of the goods in which property has not passed to the Customer if any debt owing from the Customer to RTS is not paid by the due date.
No claim in respect of goods or services will be recognised by RTS unless made in writing within seven (7) days of the invoice date for the goods or services provided. Where goods or services are provided on a progressive basis, claims in relation to the progressive invoice must be made within seven (7) days of the invoice date. All claims must refer to RTS’s invoice number and date and clearly state the reason for the claim. The Customer acknowledges and agrees that any claim not made within seven (7) days will be deemed to be waived.
No goods will be returned or accepted orders cancelled by the Customer, except with the consent of RTS, such consent to be in RTS’ absolute discretion. In the event that RTS does consent, it may do so on the basis that the Customer pays such proportion of the price of the goods as is specified by RTS at the time. In the event that goods are to be returned in accordance with this clause, then the customer must:
a) Obtain an “Authorisation Number” which will be issued to the Customer by RTS;
b) Return any goods in respect to which it wishes to claim a credit to RTS in their original condition and original packaging together with a copy of the relevant invoice;
c) Send the goods freight and insurance pre-paid;
d) Arrange payment of any restocking fee required by RTS on or prior to the return of the goods.
To the extent permissible by law, all representations, conditions and warranties, whether express or implied by statute or otherwise, other than those set out in this clause, are excluded. Where any warranty is unable to be excluded, then such warranty is limited, to the extent permissible by law, to, in the option of RTS any one or more of the following:
(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; or
(iv) the payment of the cost of having the goods repaired.
To the extent permissible by law, RTS will be in no way liable for any loss or damage to the Customer suffered as a result of any breach of these conditions caused directly or indirectly by any matter not within the control of RTS.
RTS’s failure to enforce any of these terms and conditions will not constitute a waiver of any of RTS’s rights under these terms and conditions or a waiver of its rights in relation to a continuing breach.
These terms and conditions will be governed by and construed in accordance with the laws of New South Wales and the Commonwealth of Australia and the Customer submits to the jurisdiction of the Courts of that State and country.
RTS may in assessing my/our application for credit or if the application is accepted and subsequently any payment becomes overdue obtain personal information and seek from a credit reporting agency or other credit provider information about my/our credit arrangement and I/we understand that this information may include my/our credit worthiness, credit history or credit capacity that the credit providers are allowed to give or receive pursuant to the Privacy Act 1988.
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