1. Quotations: All quotations are subject to withdrawal or variation at any time prior to acceptance of order.
2. Orders: The right is reserved to the company to amend the prices of any undelivered portions of any order provided however the customer shall the right to cancel the balance of the order undelivered, provided such cancellation is made upon notification of amended prices.
3. Delivery: Ordered goods not taken / accepted within the agreed period or within a reasonable period (if not stipulated ) must be paid in full by the customer in accordance with agreed trading terms not withstanding such non delivery.
4. Expedited delivery: if the customer requires expedited delivery and this is not stipulated for at time of order, any additional expense and cost, including overtime payments and other overhead, incurred by the company in attempting to comply with such request shall be at the cost of and be charged to the customer . Best endeavour will be made to comply with such request but compliance can not be guaranteed.
5. Quantity delivered: Every endeavour will be made to deliver correct quantities. However, the customer accepts that owing to production difficulties in producing precise numbers, some deliveries may exceed or be less than required by a margin of up to 10%. In such event the customer shall pay for such excess and be credited pro rata for such short delivery and there shall be no legal liability incurred by the company in these circumstances.
6. Suspension of work: In the event the customer requires work in progress to be suspended for a period of (30) days the company may at its option invoice the customer forthwith for all work done including for its profit margin and without prejudice to its legal rights accrued to the time of suspension. The company may suspend work at its option where monies due and payable remain unpaid provided however written notice is given to the customer of such suspension of work.
7. Cancellation of order: Where the customer cancels an order (unless by mutual agreement as to terms of compensation) a breach of contract occurs entitling the company to recover its loss of the bargain made including loss of profit. The customer agrees to pay forthwith the loss notified upon wrongful cancellation.
8. Limitation of liability: Except as appears below all terms and conditions warranties undertakings inducements and representations whether express or implied, statutory or otherwise relating to the provision by us of goods or services, are excluded and the company has no liability in respect of any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred directly or indirectly. Where any applicable legislation implies any term condition or warranty into this agreement or provides a particular remedy and voids or prohibits provisions excluding or modifying the application of, exercise of or liability under such implied term condition warranty or remedy, then that implied term condition warranty or remedy will be deemed to be included in this agreement.
Liability of the company however for any breach of such implied term condition or warranty or under such remedy, will be limited at the option of the company in any one or more of the ways permitted in that legislation including, where so permitted:
(a) if the breach relates to goods:
(1) the replacement of the goods or the supply of equivalent goods;
(2) the repair (if appropriate) of those goods;
(3) the payment of the cost of replacing the goods or aquiring the goods; or
(4) the payment of the cost of having the goods repaired and:
(b) if the breach relates to services:
(1) supply of those services again;
(2) the payment of the cost of having those services supplied again.
The company has no liability to the customer or any other person for:
(1) acts of default of other suppliers;
(2) faults or defects to services which are caused to any material extent by the customer’s actions or omissions or misuse.
9. Matters beyond the control of the company: The customer agrees that the company cannot be required to fulfill its obligations in meeting orders placed where circumstances reasonably beyond its control including but not limited to war, accident, acts of god, industrial action, embargo, delay or failure or default by suppliers or the like, preclude such performance by the company.
10. Variations: Cost increases / terms of trade: Where the actual cost of materials and/or general labour costs increase after order and prior to production or full delivery (subject to 5. above) the customer agrees that such additional cost notified to it by the company shall be charged to the customer’s account. Price changes on product and other variations to terms of trade can be at any time after notice in writing of such changes is given to the customer which varied prices and/or terms shall be deemed to have been accepted by the customer unless notification within three (3) working days of the giving of such notice.
11. Intellectual and other property: All dies samples drawings negatives photographs plates standing material stereos and engravings and the like are submitted to the customer in confidence and remain the property of the company notwithstanding that a charge is or may be made for their use.
12. Inspection: The customer agrees to inspect the goods immediately on their arrival and must within seven (7) days from arrival give notice to the company of any defect or other matter not in accord with the contract.
13. G.S.T.: G.S.T. is not included in any quoted sum and if applicable G.S.T. will be charged to your account.
14. Acceptance: Acceptance of the quotation constitutes an acceptance of all these terms and conditions.
15. Pallets: All plain pallets remain the property of the company and must be paid for or returned. All other pallets will be either de-hired to the customer’s account or exchanged on a one for one delivery.
16. Payment: All goods must be paid for prior to or no later than at delivery unless credit terms have previously been made with the company. The customer may be charged proper expenses for a delivery attempted for which payment is not made.
17. Interest: The customer agrees to pay interest calculated on a daily basis any order not paid for at delivery (where credit terms are
not agreed) at the rate which is two (2) percent above the rate charged on overdraft loans by the Commonwealth Bank for loans exceeding $100,000.00 until full payment is made.
18. Retention of title: Unless the company agrees otherwise in writing all goods sold by it shall be and remain the property of the company until the full purchase price is paid. Upon default in payment the company may at any time prior to the beginning of administration of the customer (if a company) and at anytime in the case of individual/s, retake posession of and permanently retain any unpaid for goods and disclaim any liability to the customer on the contract for the sale and delivery of the goods.
VINKEM Packaging - The Wine Packaging Specialists