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Terms and Conditions

Bellanco Pty. Ltd. (“The Seller”) agrees to sell and the Buyer agrees to buy the goods on the Terms and Conditions of Sale specified in this Agreement.

  1. EXCLUSION
    • The parties agree to exclude all conditions and warranties expressed or implied by statue, common law, equity, trade, custom, usage or otherwise to the extent allowed by law.
  2. DELIVERY
    • Goods are deemed to be delivered to the Buyer when the goods are delivered to:
      1. The premises of the Buyer; or
      2. An agent of the Buyer
    • The Seller is not liable to the Buyer in any way whatsoever for any direct or consequential loss arising out of or in connection with late delivery of the goods, or failure to deliver the goods on time.
    • The Buyer must notify the Seller of any action, demand or claim for loss or damage during transportation of the goods within 7 days of delivery. If the Seller is not so notified, the Seller will not recognise any claim nor be liable to the Buyer in any way whatsoever for any loss or damage to the goods during transportation howsoever caused.
    • The Buyer will be liable for all freight, shipping, customer clearance & local cartage charges for the placement of any order for export.
  1. PASSING OF RISK
    • Risk in the goods passes to the buyer upon the earlier of:
      1. Actual or constructive delivery of the goods to the buyer; or
      2. Collection of the goods from the seller or any bailee or agent of the seller by the buyer’s agent, carrier or courier.
  1. TITLE
    • Title to the goods does not pass to the Buyer until payment in full is received by the Seller from the Buyer and the Buyer has discharged all outstanding indebtedness to the Seller whatsoever.
    • The Buyer must
      1. Store goods which have not been paid for separately and in such a way that it is clear that the goods are the property of the Seller.
      2. Keep separate records in relation to the proceeds of sale of any goods which have not been paid for, bank the proceeds of any such sale in to a separate account and immediately remit such funds to the credit of the Seller;
      3. if any goods are used in a manufacturing process or mixed with other materials, the Buyer must record the value of goods so consumed in relation to each unit of finished product and upon sale of any unit of finished product immediately remit the amount from the proceeds of sale to the Seller
    • Until the Seller has received payment in full for the goods, the Buyer irrevocably authorise the Seller, and the Seller’s agents and employees to enter the Buyer’s premises (or any premises under the control of the Buyer or as agent of the Buyer if the goods are stored at such premises) without notice to the Buyer and search for and use reasonable force to take possession of the goods without liability in tort, negligence, or for payment of any compensation to the Buyer or anyone claiming through the Buyer whatsoever.
  2. CLAIMS
    • The Buyer must notify the Seller of any action, demand or claim in respect of the supply of goods within 14 days of delivery. If the Seller is not so notified, the Seller will not recognise any action, claim or demand.
    • For the purposes of clarification, the Seller is not liable to the Buyer in contract or in tort, arising out of, or in connection with, or relating to:
      1. The performance of the goods or any breach of these conditions;
      2. Any fact, matter or thing relating to the goods; or
      3. Any error (whether negligent or in breach of contract or not) in information supplied to the Buyer or a user before or after the date of the Buyer’s or users’s use of the goods.
    • The Buyer does not have under any circumstances any cause of action against or right to claim or recover from the Seller for, or in respect of, any loss or damage of any kind whatsoever, caused directly or indirectly by:
      1. Any defect in material or workmanship of, or any other defect whatsoever in, or unsuitability for, any purpose or performance of the goods or any part of the goods, or
      2. By default or negligence on the part of the Seller or of any employee, contractor or agent of the Seller or of any person for whom the Seller has legal responsibility relating to the supply of, or otherwise concerning products or any part of the products.
  1. ACKNOWLEDGEMENT
    • The Buyer acknowledges that:
      • Prior to execution of this agreement the Buyer conducted a thorough examination of the goods; and
      • No warranty, condition, description or representation in relation to the goods is given by the Seller, expressly or impliedly by this agreement or outside this agreement.
      • All warranties, terms and conditions in relation to the state, quality or fitness of the goods and of every other kind whether expressed or implied by use, statute or otherwise is excluded.
  1. RETURN OF GOODS
    • The Buyer must obtain the Seller’s consent prior to returning any goods to the Seller.
    • The Buyer must seek the Seller’s consent under clause 6.1 within 14 days after the date of the invoice (‘the consent period’). The Seller will not consider any claims after expiry of the consent period and the Seller will not be liable to the Buyer in any way whatsoever for any loss or damage howsoever caused.
    • The Buyer shall not return goods to the seller if the Seller’s consent under clause 6.1 has not been granted.
    • Subject to clause 6.2, the Seller shall not unreasonably withhold it’s consent under clause 6.1
    • The buyer shall be liable to pay a re-stocking fee in an amount determined by the Seller for the return of any non-stock items or special orders.
    • Any goods for return must remain in their original condition and packaging.
  1. PAYMENT TERMS
    • The buyer shall pay the purchase price to the Seller on a "cash before delivery" basis unless otherwise agreed in writing  by the parties.
    • If the buyer has completed a credit application which is approved by the Seller, the Buyer must pay the amount due to the Seller by the end of the following month from the date of invoice.
    • The Parties agree that no other method of payment is acceptable unless previously agreed by the Seller in writing.
    • In the event that the buyer
      1. Is in arrears of payment; or
      2. Becomes bankrupt, insolvent, or is otherwise placed into receivership, liquidation or makes any arrangement with its creditors
      Then any credit terms agreed to by the Seller are immediately withdrawn and all amounts owing to the Seller become due for payment immediately.
    • Without limitation to clause 7.4, if the Buyer fails to make payment of the due date specified in the agreement then the Seller, without prejudice to other rights the Seller may exercise, may
      1. Suspend or cease deliveries of the goods; and
      2. Appropriate any payments made by the Buyer to such of the goods supplied under any agreement with the Buyer as the Seller in its sole discretion thinks fit.