(a) ‘Contract means the standard trading terms and conditions of sale
(which applies to each and every Quotation and/or Order)and
Includes any Quotation and order.
(b) Bannamesh means Bannamesh
ABN 48 700 708 706
(c) ‘Customer means the entity to which ‘Bannamesh
Enters into a Contract for the sale of Goods.
(d) ‘Goods means the goods described in the Quotation or order and
Includes replacement goods.
(e) ‘Order’ means a written or verbal order from the customer to
(f) ‘Quotation’ means a written or verbal quotation provided by
Bannamesh to the customer.
(a) Orders for Goods will be binding upon Bannamesh and the
customer. However Bannamesh reserves the right to accept orders
In whole or in part.
(b) Once Bannamesh has accepted and order, the customer may not
Alter or Modify the order without the prior written consent of
(a) All prices contained in the Quotation and/or order will be
exclusive of GST. All prices are in Australian dollars and subject
to alteration without notice. All invoices are in Australian dollars
and must be settled in Australian dollars.
4. Payment and Credit Terms
(a) Unless otherwise agreed in writing, the payment due date is
strictly thirty, (30) days from the end of the month in which the
goods are purchased.
(b) Accounts with overdue balances will automatically have credit
withdrawn until all outstanding balances are cleared.
Bannamesh reserves the right to charge interest at the rate of
2% per month on all overdue balances calculated on a daily
basis from the due date until such amount is paid.
(c) If the customer defaults in payment of any invoice when due,
the customer will indemnify Bannamesh from and against all
Bannamesh international costs and disbursements including a
solicitor and own client basis and in addition to Bannamesh
nominee’s costs of collection.
5. Delivery of Goods and Risk
(a) Delivery of the Goods shall be made to the Customer’s address.
The customer shall make all arrangements necessary to take
delivery of the Goods whenever they are tendered for delivery.
(b) The Failure of Bannamesh to deliver will not entitle the
customer to treat this Contract as cancelled.
(c) Bannamesh will not be liable for any loss or damage
whatever due to failure by Bannamesh to deliver the
Goods 9 or any part of them) promptly or at all.
(d) All risk for the Goods passes to the Customer on delivery
even if Bannamesh retains ownership.
6. Retention of Title
(a) All goods remain the property of Bannamesh until the
customer has paid for the Goods in full. If payment is
made by cheque, payment will not deemed to have been
made until the cheque has been honored.
(b) If the goods are on-sold by the customer before payment
to Bannamesh the proceeds of sale will become
property of Bannamesh.
(c) If the Goods are not paid for pursuant to clause 4,
Bannamesh may give notice in writing to the customer
to return the Goods or any part of them to Bannamesh.
(d) Bannamesh may enter the customer’s premises without
notice at any time and take possession of the Goods and
without being responsible for any damage thereby
(i) The Customer does not pay for the goods under clause
(ii) The Customer fails to return the Goods upon demand;
(iii) A trustee in bankruptcy. Administrator, or receiver
and manager is appointed over the Customer;
(iv) Winding-up proceedings in relation to the Customer
are commencing; or
(v) The Customer becomes bankrupt.
(a) The customer will inspect the Goods on delivery and will
within seven (7) days of delivery notify Bannamesh in
writing of any alleged defect, shortage in quantity,
errors, omissions or failure to comply with the order or
(b) The Customer will afford Bannamesh the opportunity to
inspect the Goods within a reasonable time of delivery if
the Customer believed the Goods are defective in any
way. If the customer fails to comply with these
Provisions, the Goods will be deemed to be free from any
defect or damage and payment will be owing under this
(c) If Bannamesh agrees in writing that the Customer is
entitled to reject the Goods because they are defective:
(i) The goods must have a corresponding invoice
(ii) Freight charges incurred for the return of the
Goods being returned is at the expense of the
Customer, unless otherwise agreed ; and
(iii) Bannamesh liability is limited to either
replacing or repairing the Good at its discretion
(iv) Bannamesh does not warrant that the Goods are
fit for any particular purpose or an intended use
by the customer.
8. Limitation of Liability
(a) Subject to cause 8(b) Bannamesh will have no liability
whatsoever for any direct or indirect losses, expenses,
damages and costs incurred by the Customer caused by any
breach by Bannamesh of this contract or any negligent act
(b) The liability of Bannamesh to the Customer in the event of
any breach of this Contract or other cause of action will not
exceed the prices of the goods.
9. Privacy Act 1998
(a) The customer agrees for Bannamesh to obtain from a
credit-reporting agency and the trade referees a credit
report containing personal credit information about the
customer and any additional information required by
(b) Bannamesh may exchange information about the Customer
with those trade references name in the application form for
a trading account or named in a consumer credit report
issued by reporting agency to:
(i) Asses the Customer’s application;
(ii) Notify other credit providers of a default by the
(iii) Exchange other information with other credit
providers as to the status of the trading account,
if the Customer is in default with other credit
providers ; and
(iv) Assess the credit worthiness of the Customer.
(a) If any provision of these terms and conditions becomes void
or unenforceable, it will be severed from this agreement
without affecting the enforceability of the other provision,
which will continue to have full force and effect.
(b) These terms and conditions are governed by the laws of New
South Wales and each party irrevocably and unconditionally
submit to the non-exclusive jurisdiction of the courts of New
(c) Bannamesh may terminate or vary this contract or cancel
delivery of goods at any time before the goods are delivered
by giving written notice. Bannamesh will not be liable for
any loss or damage whatever arising from termination or
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