The following Terms of Trade apply to Shepherd Filters (“The Supplier”) and the party purchasing the goods from the supplier (“The Customer”).
The Customer Agrees as Follows:
Unless credit has been provided to the customer, the customer must pay the total amount payable for the goods to the supplier prior to delivery or collection. Under credit terms, the supplier may require a deposit (up to 50% of the invoiced price) on placement of order. The supplier may charge and the customer will pay interest on all goods not paid by the due date(s) at the rate of 12% per annum. Interest will be calculated daily and may be capitalized monthly until full payment is received.
The customer will inspect the goods and advise the supplier in writing within 7 days of delivery of any faults in or to the goods. Subject to acceptance by the supplier of liability, the supplier’s liability will be limited to repairing or replacing the goods at its option. Otherwise, the customer must pay for the goods and the supplier will not be liable for any faults in the goods or for any claim, damages or costs relating to the goods and the customer will indemnify the supplier from there.
Title in the goods will not pass to the Customer until the total amount payable is paid in full. Risk in the goods will pass to the customer immediately upon the earliest delivery or collection. Any expenses incurred by the supplier in recovering any outstanding monies from the customer, including the cost of repossession and resale of the goods, debt collection agency fees and legal costs (full indemnity basis) will be paid by the customer.
Despite anything contrary in these terms, all monies due from the customer will become immediately payable to the supplier upon the happening of any event, or the issue against, or service on the customer of any notice or proceedings in any way concerning the customer solvency or payment of its debt.
The supplier will in no way be liable for any claim or cost resulting from non delivery or delayed delivery or from any fault in the goods beyond the supplier’s control. The customer will indemnify the supplier there from. Except as required by law, the supplier gives no guarantee in relation to the goods other than as expressly stated in these terms, and the supplier will have no liability at all for any consequential loss, injury, damage or expense suffered or incurred directly or indirectly by the customer or any of the customer’s agents, employees or any other person using the goods provided by the Supplier.
The supplier will not in any circumstance, whatever or however be liable for any consequential damage, loss injury or prejudice resulting directly or indirectly from any non-delivery, delay in delivery or any strike, stoppage or industrial action directly or indirectly affecting the availability of the goods.
- Any variation to these terms must be in writing by the supplier.
- If any provision of these Standard Terms is found to be void, illegal or unenforceable for any reason, it will be deemed to be severed and omitted from these Standard Terms of Trade.
Any notice, invoice or document to be given to the customer shall be sufficiently given if posted by ordinary prepaid post or faxed to the customer’s last known address or facsimile number, and shall be deemed to have been received by the customer in the ordinary course of post or on receipt by the supplier of a successful transmission answer back.
Despite any contrary rule or implication of law, all contracts between the Customer and the Supplier shall be deemed to be made in Australia, pursuant to Australian laws. Any dispute resolution procedures will take place in Australia. To the extent permitted by law, Shepherd Filters, its employees and agents are not responsible whatsoever for personal injury, damage to property or any other loss from the products supplied. You agree to defend, indemnify and hold Shepherd Filters harmless for all claims.
All marketing material must have approval for use by Shepherd Filters prior to printing. Shepherd Filters logos must not be altered in any way.