Terms and Conditions:
Every endeavour is made to retain prices Golphin Australia Pty Ltd – hereinafter referred to as Golphin or The Company - reserves the right to amend the specification of the products and Goods will be invoiced at prices ruling at time of despatch without exception. A delivery charge will be added to the invoice for Goods where the invoiced total, excluding GST, unless otherwise specified
2. Settlement terms.
Unless otherwise expressly agreed in writing, signed by a Director, all accounts are due for payment 30 days following date of invoice. Under the Late Payment of Commercial Debts (Interest) Bill 2003 (as amended) Golphin Australia Pty L:to reserves the right to charge interest on overdue sums at the rate of 2% per month above the Standard minimum lending rate on the amount outstanding on an account from the date due of payment until payment is made. In the event of the account being passed for collection, a collection charge of 5% will be levied on such accounts in addition to any legal charges payable. All outstanding orders for the accounts out for collection will be cancelled without question.
All cheques must be made payable to Golphin Australia Pty Ltd.
4. Passing of Property
a. The goods shall remain the sole and absolute property of the company as legal and equitable owner until such time as the intending purchaser shall have paid to the company the agreed price together with the full price of any other goods subject of any other contract with the company.
b. Goods supplied by the company shall be at the purchaser’s risk immediately on delivery to the purchaser or into custody on the purchaser’s behalf (whichever is the sooner) and the purchaser should therefore be insured accordingly.
c. The company or its agents may for the purpose of recovery of its goods enter upon the buyer’s premises if:
(i) There shall be any default in payment on the due date by the buyer of the company
(ii) The buyer being a company shall enter into liquidation (other than voluntary liquidation for amalgamation or reconstruction) or shall have a receiver appointed over the whole or part of its undertaking or assets
(iii) Being an individual of firm the buyer shall commit an act of bankruptcy or entre into an arrangement or composition with or for the benefit of its creditors.
(iv) Payment by cheque shall be construed as being received at the time that the company’s bankers receive the funds from the purchaser’s bank.
In the event that the Purchaser sells the goods or any part of them to a third party prior to property in the same having passed under condition 4 above, the proceeds of sale shall be received by the purchaser on the company’s account and kept separate from the purchaser’s or other monies, the purchaser having sold the goods as The Company’s bailee and owing fiduciary duties to The Company in relation thereto and at any time before payment is received from such a third party The Company shall have the right to call for an assignment of such third party debts.
6. Resale of Goods
Products bearing the registered name Golphin and supplied by Golphin Australia Pty Ltd are sold on condition that they will not be sold or supplied to any company, firm or person for resale by any such company, firm or person.
7. Return of Products
Product cannot be returned for credit through our Agents. The Buyer shall have no right to require the company to take back and give credit for product correctly supplied to the buyer. The Company may in special circumstances and at its sole and absolute discretion accept back and give credit for product.
a. Non-Defective Product
Such product will only be accepted for return after prior authorisation from the Customer Service Department. All such requests may be made by telephone or email. Requests must state the product and reason for return. All authorised returns must be made available for collection or return in a saleable condition. The company reserves the right to levy a charge of 20% of the trade value of the goods.
b. Defective Product
The same procedure must be adopted as for non-defective product. We would ask that product in this category be in a suitable condition for our carrier to collect or for your return. Golphin Australia Pty Ltd cannot be held responsible for lost returns not previously authorised by the customer service department.
Non-delivery must be reported initially by telephone within 6 DAYS of invoice date and confirm in writing within 8 DAYS of invoice. Shortage or damaged goods must be reported initially by telephone within 24 HOURS of receipt and confirmed in writing within 2 DAYS of receipt. Golphin Australia Pty Ltd shall not be liable for any claim in respect of any damage which has been sustained to the Goods in transit unless the Company has been accordingly notified.
9. Limitation of liability
a. Golphin Australia Pty Ltd will not be held liable to perform the contract if an event occurs which is outside of its control, such as an act of God, war, strikes, embargoes, Government refusal to grant licences and abnormal weather conditions.
b. Save in respect of death or personal injury caused by The Company’s negligence Golphin Australia Pty Ltd shall in no circumstances be liable in contract, tort or otherwise, for any indirect, special, consequential or incidental loss or damage (including, without limitation, loss of production, loss of profit, loss of contracts or claims of customers or third parties) resulting from breach of these Terms and Conditions or from negligence, even if Golphin Australia Pty Ltd has previously been advised of the possibility of such loss or damage occurring.
Any contract between the company and the Buyer is governed by Australian Law.