Terms & Conditions
Richdale Plastics Pty Ltd Terms & Conditions Of Trading
In these Terms and Conditions of Trading ”the Company” means Richdale Plastics Pty Ltd.
- VICTORIAN LAW. The Contract shall be construed and take effect in accordance with the Laws of the State of Victoria.
- DEFINITIONS. “Contract” means any contract for the supply of goods and/or services by the Company to the Customer incorporating these Terms and Conditions of Trading.
“Customer” means a party entering into a Contract with the Company incorporating these Terms and Conditions of Trading.
“Quotation” means a quotation by the Company for the supply of goods and/or services to a Customer.
- DELIVERY. Unless otherwise specifically stated and agreed delivery by the Company to the Customer is to be at the Company’s premises and the Customer shall take delivery of the goods immediately after notification by the Company to the Customer that the goods are ready for delivery.
- DEFAULT IN PAYMENT. Where the Customer fails to make any payment required under the Contract by the due date the Company may at its option terminate the Contract at which time all invoices owing by the Customer to the Company shall become immediately due and payable. Such termination shall be without prejudice to any rights which may have accrued to the Company at the date thereof.
- CUSTOMER SUPPLIED MATERIAL. When the Contract price is based on Customer supplied specifications, roughs, layouts, samples, dummies or printed, typewritten or other good copy, any extra work or cost resulting from any variation by the Customer of his original instructions or by the manuscript copy being poorly prepared or by the Customer’s requirements being different from those originally submitted or described, shall be paid by the Customer.
- VARIATION OF PRICE. If at any time after the date of the quotation and whether before or after acceptance there shall be any increase in the costs of the Company in carrying out its obligations whether from raw materials or other goods and services under the contract the price shall be increased by the amount of such an increase provided that if such an increase in price shall exceed 10 per cent of the amount payable under the Contract or (where part of such amount has already become payable) of the balance of that amount, the Company shall notify the Customer in writing of the amount of the increase and the Customer may within three days of such notification terminate the Contract by notice in writing to the Company. If the Customer does not so terminate the Contract they shall be deemed to have agreed to the increase. If the Customer shall terminate the Contract as aforesaid they shall nevertheless remain liable to pay all amounts previously due to the Company and all amounts becoming due in respect of goods supplied and work done pursuant to the Contract and, in addition, such reasonable amount as shall compensate the Company for any cost’s incurred by the Company and not recovered as a result of the termination. In any event Quotations are only valid for a period of thirty (30) days.
- GST. The Company shall charge the amount of any Goods and Services tax payable whether or not included in any Quotation.
- CUSTOMER’S INSTRUCTIONS. Once accepted by the Customer the Company’s Quotation shall be deemed to interpret correctly the Customer’s instructions whether written or oral. Where oral instructions only are received from the Customer the Company shall not be responsible for errors or omissions due to oversight or misinterpretation of those instructions.
- CLAIMS. Unless the Customer shall within seven days from delivery of any of the goods under the Contract give notice to the Company of any matter or thing by reason whereof it may be alleged that any such goods are not in accordance with the Contract, the said goods shall be deemed to be in all respects in accordance with the Contract and the Customer shall be bound to pay for the goods accordingly. The Company shall not be liable for any consequential loss arising from the supply of goods which are defective or otherwise not in accordance with the Contract. The Customer shall not withhold payment pertaining to any goods that may be the subject of a claim. The Company shall not consider any claim which is the subject of an overdue payment.
- FORCE MAJEURE. The Company shall be under no liability whatsoever for any failure to deliver goods within the time or times specified by reason of its inability to obtain supplies of materials or by reason of any strike or combination of workmen or lockout or war, riot. Civil commotion, fire, act of God or any other cause whatsoever beyond the control of the Company.
- LIMITED LIABILITY. The Company shall not be liable for any loss whatsoever (consequential or otherwise), death, injury or damage arising out of the supply or use of any goods supplied under this Contract. The Customer shall fully indemnify the Company in respect of all and any claims costs and expenses whatsoever supplied by the Company in respect of any such loss, death, injury or damage. The liability of the Company in respect of any goods or failure to perform is limited, at the sole election of the Company, to any one or more of the following (a) replacement of the goods (b) repair of the goods (c) supply of equivalent goods; or (d) repayment of the cost of having the goods replaced. The Company makes no representation whatsoever to the Customer that the goods supplied are fit for their intended purpose/end use as this determination is the sole and unequivocal responsibility of the Customer or their end user customer, as applicable.
- PASSING OF PROPERTY. Risk in goods to be supplied under this Contract shall pass to the Customer upon delivery or in the case of an FOB sale, upon delivery to the Customer’s nominated carriers. Title to the goods shall remain with the Company until such time as all debt owing by the Customer to the Company is paid in full. Goods which are the subject of unpaid debt may be redeemed by the Company.
- CUSTOMER’S PROPERTY AND MATERIAL SUPPLIED BY CUSTOMER. (a) All goods and materials supplied to the Company by or on behalf of the Customer shall be at the Customer’s risk and the Company shall not be liable for loss of or damage to such goods or materials whether arising out of the Company’s negligence or otherwise unless otherwise agreed by the Company in writing. (b) Where the Customer supplies materials, adequate quantities shall be supplied to cover spoilage. Sheets and other materials shall not be counted or checked when received unless specified in the quotation or requested by the Customer in writing. An additional charge may be made by the Company in respect of any such counting or checking requested by the Customer. (c) Any property and materials of the Customer in the Company’s possession shall be removed by the Customer within seven days after written request by the Company and if not so removed the Company shall be free to destroy or otherwise dispose of them for its own account. (d) Where materials or equipment are supplied by the Customer the Company accepts no responsibility for imperfect work caused by defects in or unsuitability of such materials or equipment. (e) An extra charge may be made by the Company for Handling or storing property or material supplied by or on behalf of the Customer. (f) Anchored blocks or soldered or patched plates are accepted at the risk of the Customer and no responsibility is accepted by the Company for damage to such blocks or plates. Any necessary repairs to or loss of time caused by them shall be paid for by the Customer. (g) The Company accepts no responsibility whatsoever for the quality of work produced by it when using such blocks or plates which have been supplied by the Customer. (h) Any change or correction to printing plates supplied by the Customer, necessary to ensure properly finished work, shall be paid for by the Customer.
- EXPERIMENTAL ORDERS AND PRELIMINARY WORK. Preliminary work and or work produced in an experimental way at the Customer’s request shall be paid for by the Customer.
- EXPEDITED DELIVERY. Should delivery be required earlier than the delivery date specified in the quotation, reasonable effort will be made by the Company to secure freedom from defects but the Company will not be responsible for defects caused as a result of the requirement for such early delivery. Should the early delivery necessitate overtime being worked or other additional costs being incurred, such additional costs shall be paid for by the Customer.
- STORAGE. When the Company notifies the Customer that the goods are ready for delivery and the Customer requests the Company to hold the goods on its behalf or refuses to accept delivery such goods will be held by the Company at the Customer’s risk and the Company shall be permitted to charge a storage fee in respect of the goods.
- CALL UP STOCK. Where the Company holds goods on behalf of the Customer on a call up basis these goods will be held against a firm order for a period of no greater than three (3) months after which time the remaining goods shall be invoiced in full and payable in accordance with the Company’s payment terms. At this time it will be the Customers prerogative to store these goods at the Company’s premises for a maximum period of a further three (3) months or have the stock delivered as per the Customers directive.
- PATENTS. The Customer shall indemnify the Company against all claims demands and costs and expenses of whatsoever nature arising out of any infringement of patents, copyrights, trademarks, trade names or other rights by any design legend or other matter that the Company may lithograph or print or otherwise reproduce at the Customer’s request.
- WARRANTIES. All warranties and conditions whatsoever which might, but for this clause, be implied by law in respect of the goods are hereby expressly negated and the Company shall not be bound by any representation, warranty, condition or statement whatsoever made except insofar as set out herein.
- INTEREST. If the Customer fails to pay any amount due to the Company pursuant to a Contract by the due date for payment, the customer shall be liable for and shall pay to the Company interest on the amount due and unpaid at the rate being 4% per annum higher than the rate prescribed from time to time under the Penalty Interest Rate Act (Vic) 1983 calculated from the date upon which payment was initially due to the Company until the date payment is actually made.
- OWNERSHIP OF PREPARTORY MATERIALS. All tools, dies, stereos, rubbers, plastic moulds, blocks, engravings, plates and all other items used in preparatory and other work in and about the manufacture of the goods the subject of a Contract and not provided by the Company shall be and remain the exclusive property of the Company notwithstanding that a charge in respect of the whole or a part of the costs thereof shall have been made.
- QUANTITY DELIVERED. The quantity delivered may be more or less than the quantity specified provided that the permitted excess or deficiency shall be in accordance with the following table.
Rolls: +/- 10% Bags: +/- 10%
The total invoice value payable against the purchase order shall be increased or reduced (as the case may be) limited to the maximum of the above variation based on the actual over/under production and at the same unit price.
- PAYMENT TERMS. Unless otherwise agreed payment terms are strictly net 30 days from date of invoice.
- BAR CODES. Where applicable it is the responsibility of the Customer to check bar codes on receipt of goods. The Company will not be responsible for any costs or losses that may be suffered resulting from any inability of bar codes to scan correctly.
- ARTWORK, PRINTING PLATES AND RUBBERS. Artwork, printing plates and rubbers (if applicable) will be charged to the Customer unless supplied by the Customer. Replacement sets will also be charged to the Customer if and when required. All extra work caused by Customer corrections including resetting and/or the overrunning of composition shall be charged as an extra.
- CONFIDENTIAL INFORMATION. Each party undertakes that it will not disclose to any person any information of or relating to the other party which has come to its possession as a result of a Contract or the negotiations preceding a Contract including, but not limited to, these Terms and Conditions of Trading. This does not prohibit disclosure of information which is in the public domain or is received from a third party independently of the parties or is required to be disclosed by law or is disclosed in accordance with prior written consent of the other party.
- ASSIGNMENT. Unless otherwise expressly provided in a Contract, a party must not assign or in any other way deal with any of its rights or obligations under a Contract without the prior written consent of the other party, which shall not be unreasonably withheld.