Subject to the approval of Bisley Sales Credit Department, terms of payment are as indicated on Bisley Sales invoice, except for export shipments for which other provisions for payment may be required by Bisley Sales. Should the Buyer's financial situation be or become unsatisfactory to Bisley Sales, advance cash payments or security satisfactory to Bisley Sales may be required. If any payment owed to Bisley Sales is not paid when due, it will bear interest, at Bisley Sales option, at the then current Westpac reference rate plus two (2) percent from the date on which it is due until it is paid, provided that the Buyer is not thereby relieved from the obligation to make payments to Bisley Sales at the time and in the manner specified. Bisley Sales reserves the right, among other remedies, either to terminate the contract comprising these terms of trade or to suspend further deliveries under it in the event the Buyer fails to pay for any one shipment when due. The prices indicated are in Australian currency, unless otherwise indicated, payable without any deduction or set-off whatsoever. Time of delivery of the goods is not considered of the essence of these terms of trade and the goods may be delivered by instalments as agreed by the parties or if considered necessary by Bisley Sales. Any period of credit for payment of the purchase price to Bisley Sales will instantly determine on resale mortgage or other disposition of the goods or upon the occurrence of any act or omission or the commencement of any proceeding involving the Buyer's solvency.
Risk in the goods will pass to the Buyer on delivery. However, ownership will remain with Bisley Sales until all monies owed by the Buyer to Bisley Sales are fully paid. Until such payment in full is received by Bisley Sales; the Buyer takes custody of the goods as bailee and fiduciary agent of Bisley Sales, and the Buyer agrees to store the goods separately from other goods in its possession so as to be readily identifiable as the property of Bisley Sales and to keep them appropriately insured. The Buyer may sell the goods as fiduciary agent of Bisley Sales by way of bona fide sale at full market value and in the ordinary course of its business or as otherwise directed by Bisley Sales. If the goods are sold the Buyer will hold the right to recover the proceeds of sale on trust for Bisley Sales and will keep all proceeds received in a separate identifiable account on trust for Bisley Sales, paying such amounts to Bisley Sales upon req uest. Notwithstanding the above provisions Bisley Sales will be entitled to maintain an action against the Buyer for the purchase price and, until legal ownership has passed to the Buyer, will be entitled to enter the Buyer's premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and to retake possession of the goods and any other goods supplied by Bisley Sales to the Buyer then not fully paid for, and to keep or resell any such goods repossessed provided that any excess of the proceeds of sale (less expenses of repossession of sale) after all monies owed by the Buyer to Bisley Sales have been fully paid will be paid to the Buyer.
To the extent permitted by law and except as otherwise provided in these terms of trade, the Buyer's exclusive remedy will be for damages and Bisley Sales total liability for any and all losses and damages arising out of any and all causes whatsoever (whether such cause be based in contract, infringement of rights, negligence, strict liability, other tort or otherwise) will in no event exceed the purchase price of the goods in respect of which such cause arise, and in no event will Bisley Sales be liable for incidental, consequential or punitive damages resulting from any such cause (including, without limitation, loss of profit, loss of revenue or loss of opportunity). Bisley Sales will not be liable for, and the Buyer assumes liability for, all personal injury a nd property damage connected with the handling, transportation, possession, use, further manufacture or resale of the goods. Bisley Sales disclaims all conditions and warranties, express or implied, concerning the goods, including any warranty of merchantability or fitness for purpose. If any condition or warranty, is implied in these terms of trade by any legislation (including, without limitation, the Competition and Consumer Act 2010) and the legislation avoids or prohibits provisions in a contract excluding or modifying the application of, exercise of, or liability under such condition or warranty, the condition or warranty will be deemed to be included in these terms of trade, provided that Bisley Sales liability for breach of the condition or warranty will, if the legislation permits, be limited, in the sole discretion of Bisley Sales, to: (a) the supplying of the goods again; (b) the payment of the cost of having the goods supplied again; (c) repairing the goods; or (d) any o ther remedy prescribed by any relevant law. To the extent permitted by law, a warranty claim will be considered if written notification of the claim is received by Bisley Sales within seven days of the customer's receipt of the goods, or such longer period provided for under any applicable law (including the Competition and Consumer Act 2010), and the goods are returned to Bisley Sales in the same condition that they were delivered. Neither transportation charges for the return of goods nor any other costs or charges incurred by the deemed, to the extent permitted by law, satisfactory as to fitness for purpose, quality, condition, quantity and charges made. The Buyer in selecting the goods acknowledges that it has not relied on Bisley Sales skill or judgement or on that of any person by whom negotiations are conducted. Bisley Sales as a manufacturer and the Buyer hereby acknowledge that all goods purchased by the Buyer are for the purpose of resupply in trade or commerce.
Any tax or government charge (including, without limitation, sales tax or goods and services tax) now in effect or hereafter becoming effective or any increase in the same: (a) which increases the cost to Bisley Sales of producing, selling or delivering the goods or of procuring materials used in the goods; or (b) for which Bisley Sales becomes liable in connection with the sale of the goods or any other supply arising under or in connection with these terms of trade, may at Bisley Sales option be added to the price of the goods or otherwise recovered by Bisley Sales to the extent of such increase or liability (as the case may be).
The Buyer must not assign its rights or delegate its performance under these terms without the prior written consent of Bisley Sales and any attempted assignment or delegation without such consent will be void.
These terms of trade are governed by the laws of New South Wales and the parties agree to submit all disputes arising between them in relation to these terms of trade to the Courts of New South Wales. These terms of trade constitute the full understanding of the parties and will apply to all transactions between the parties after the date upon which Buyer accepts them, to the exclusion of all representations and all terms and conditions either oral or written, express or implied, unless expressly agreed to by both parties in writing with reference to these terms of trade. The failure of either party at any time to insist upon strict performance of the provisions of these terms of trade will not be deemed a wa iver of that party's right at any time thereafter to insist on strict performance. Documents and correspondence sent by Bisley Sales by ordinary pre-paid post to the last address for the Buyer notified to Bisley Sales in writing will be deemed to have been received by the Buyer two days after the date of posting whether delivered or not or returned unclaimed, the Buyer acknowledges that all of the Buyer's employees, shareholders, directors and secretaries have authority to negotiate, place and accept delivery of orders.
Buyer must ensure, before disclosing any Personal Information or Sensitive Information to Bisley Sales (whether that information relates to Buyer or to someone else, such as Buyer's directors, employees or someone with whom Buyer has dealings), that Buyer is entitled to disclose that information to Bisley Sales, and that, without Bisley Sales taking any further steps required by privacy laws, Bisley Sales may collect, use and disclose such information including for the purpose detailed in our Privacy Policy and Disclosure Statement, which is available on our website at www.bisleyworkwear.com.au. If Buyer becomes aware of any breach or alleged breach of the Privacy Act concerning information disclosed by Buyer to Bisley Sales, then Buyer will notify Bisley Sales immediately.
