BI-WIZE TRUST- STANDARD TERMS AND CONDITIONS OF SALE
1. General
(a) All orders are accepted and goods supplied subject to the following express terms and conditions (the Company’s standard conditions of sale) and save to the extent that the exclusion or restriction of liability may be prohibited by statute, all other conditions, warranties and representations whether implied, statutory or otherwise, except as to title, are hereby excluded. Any order placed by a Customer shall constitute an offer to contract upon these express terms and conditions, and no addition or variation whether contained in the Customer’s order or otherwise shall apply unless expressly agreed in writing by the Company’s authorised representative.
(b) In these terms and conditions:
‘Company’ means Bi-Wize Trust;
‘Customer’ means the individual, Company or other organisation to whom the Company may agree to supply goods in accordance with the Company’s standard conditions of sale;
and ‘Manufacturer’ means the original supplier of goods where the Company is not the original creator.
2. Orders
All orders are subject to the availability of goods and to acceptance by the Company’s authorised representative. All orders must be received in writing, either by fax, mail, website, e-mail or by telephone. All orders will be confirmed by email to the customer and unless notified within 1 hour of the confirmation e-mail being sent, the order shall be deemed as correct, ready to be invoiced and sent.
3. Prices
All merchandise is sold at prices current at the day invoices are rendered. All prices are subject to change without notification, although the Company will publish all correct prices online at www.bi-wize.com
4. GST
All prices quoted are exclusive of GST, which will be added in the relevant invoice.
5. Risk, Title and Delivery
(a) Risk in the goods passes to the Customer on delivery. Property in the goods remains with the Company until payment in full has been received from the Customer by the Company. If payment in full is not made in accordance with the Company’s standard conditions of sale the Company may require the Customer to return the goods immediately.
(b) All shipments are made at the Customer’s risk and cost.
6. Returned Goods
(a) Where goods are rejected by the Customer as not being in accordance with the Customer’s order, the Company will only accept the return of such Goods provided that it receives written notice within 7 working days of receipt of the goods by the Customer. If no notice is received the goods shall be deemed to have been accepted by the Customer.
(b) Where the Company has supplied goods in accordance with a Customer order, the Company will accept the return of those goods subject to the payment by the Customer of a restocking charge of 10% of the value of the goods invoiced and the cost of freight both ways. The Customer must quote the invoice number and date that the goods were supplied under. The goods must be in the same condition they were dispatched by the company to the Customer. If the Customer complies with these conditions, the Company will provide the Customer with a credit in respect of the goods returned.
(c) Mixed colours and cut items are non-returnable.
7. Defects
(a) The Company will not consider any claim for compensation, indemnity or refund until liability, if any, has been established or agreed with the Manufacturer and where applicable, the Company’s or the Manufacturer’s insurance company.
(b) In the case of defects or faulty workmanship in the goods or any part of the goods supplied by the Company the Customer is not entitled to any greater compensation than the Company receives from the Manufacturer.
(c) Claims for compensation that are accepted by the Company or Manufacturer are limited to the cost of goods at the date of sale only and do not extend to include any further reimbursement.
8. Customer Default
If:
(a) the Customer defaults or commits any breach of any of its obligations to the Company; or
(b) the Customer at any time becomes bankrupt or, if an incorporated body, any resolution or petition to wind up its business is passed or presented otherwise than for reconstruction or amalgamation, or if a liquidator or receiver or manager of such corporate body or its undertaking property or assets or any part thereof is appointed, or if the Customer is insolvent or is unable, or admits its liability, to meet its commitments promptly as and when due, then the Company may (without prejudice to any other claims or rights which the Company might have) immediately cancel any uncompleted order or cancel or suspend delivery. In addition, and notwithstanding any other provisions of the Company’s standard conditions of sale, payments for any delivery already made shall immediately become due.
9. Cancellation of Orders
Requests by a Customer for cancellation of any order or for rescheduling of deliveries will only be considered by the Company if made in writing. The Customer must pay to the Company an amount equal to all costs incurred in the preparation and delivery of the order and its cancellation or rescheduling.
10. Terms of Payment
Unless otherwise agreed in writing, all accounts are payable within 30 days of end of month. If any account remains outstanding, all credit facilities will be withdrawn until all arrears have been settled. Frequent late payment may result in a complete withdrawal of credit terms from the Customer.
11. Force Majeure
The Company is not liable for the cancellation or partial delivery of any order or part order if performance by the Company is prevented or delayed directly or indirectly by any cause beyond the reasonable control of the Company whether such cause existed or was foreseeable at the date of acceptance of the Customer’s order by the Company or not.
12. Payment
Payment for goods may be by cash, cheque, direct deposit, electronic bank transfer, MasterCard or Visa as agreed with the Company.
13. Privacy
The Customer agrees that the Company may disclose a credit report or any personal information derived from it to another credit provider in order to assess the credit worthiness of the Customer, or to assess an application for credit by the Customer or to help the Customer avoid defaulting on credit obligations or to notify a default to the Customer.
14. Statement by Applicant(s) for Credit(a) Giving information to a Credit Reporting Agency (Section 18E (8)(C) Privacy Act 1988)The supplier has informed me that it may give certain personal information about me to a credit-reporting agency.
(b) Exchanging information with other Credit Providers (Section 18N (1)(b) Privacy Act 1988)I / We agree to the supplier checking personal information about me with any credit provider named in my credit application and with other credit providers that may be named in a credit report issued by a credit reporting agency, for any of the following purposes: To assess my credit worthiness; To assess an application by me for credit, To help me avoid defaulting on my credit obligations; and To notify a default by me. I understand that this information about my credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give to or receive from each other under the Privacy Act 1988.I agree that the supplier may disclose a credit report or any personal information derived from it to another credit provider, for any of the purposes mentioned above.
(c) Access to Commercial Credit Information (Section 1BL (4))In order to assess my application for credit, I consent to the supplier obtaining a credit report containing information about my commercial activities and commercial credit worthiness, from a business which provides information about the commercial credit worthiness of persons.
(d) Access to Consumer Credit Information for a Commercial Credit Application (Section WK (1)(b) Privacy Act 1988I consent to the supplier, in order to assess my application for credit, obtaining from credit reporting agency a credit report about me containing credit information AND I further consent to giving the credit report to the supplier.