Terms & Conditions
TERMS AND CONDITIONS OF TRADING AGREEMENT
THESE CONDITIONS OF SALE APPLY TO ALL OUR SALE OF GOODS CONTRACTS. ANY ORDER
PLACED WITH US CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. ANY
ADDITIONAL OR DIFFERENT TERMS YOU STIPULATE OR STATE IN ANY COMMUNICATION WITH
US (INCLUDING AN ORDER) ARE HEREBY OBJECTED TO AND WILL NOT BIND US UNLESS WE
AGREE IN WRITING. NO SALESMAN, REPRESENTATIVE OR AGENT IS AUTHORISED BY US TO
GIVE ANY GUARANTEE, WARRANTY OR REPRESENTATION IN ADDITION TO, OR CONTRARY TO
THESE CONDITIONS. IN ANY EVENT, RECEIPT OF GOODS BY YOU (OR ANOTHER AS YOU
DIRECT) UPON DELIVERY CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS.
PRICE AND PRICE VARIATION
The prices quoted in our price lists and advertising literature are for guidance
only. Unless otherwise agreed in writing, the contract price of the Goods will
be as stated in our price list(s) current on the day of delivery of the Goods.
Prices do not include any delivery or administrative surcharges.
SchoolBiz Australia Pty Ltd shall be entitled to adjust any price quoted from
time to time and the Customer agrees to pay any such adjusted price to take
account of variations in the cost to SchoolBiz Australia Pty Ltd of carrying out
the whole or any part of the contract arising from any of the following:
a) delays in delivery or installation of the Goods or any of them as a result of
instructions or lack of instructions from the Customer, the Customer’s failure
or inability to fulfill the obligations under the Contract or any action or
inaction by the Customer or other circumstances beyond SchoolBiz Australia Pty
Ltd control;
b) variation in the cost of SchoolBiz Australia Pty Ltd acquiring the Goods,
directly or indirectly, on account of changes in rates of freight and transport
costs, insurance, customs, duties taxes, existing tariff classifications or any
variation in currency exchange rates;
c) variations in the costs of rates of all statutory, government or local
government or governmental authority charges and obligations; or
d) any correction of errors or omissions on the part of SchoolBiz Australia Pty
Ltd or any of its representatives.
SchoolBiz Australia Pty Ltd has the right to impose administrative fees for
orders.
DELIVERY
We shall deliver the Goods to the address stated in the Order. SchoolBiz
Australia Pty Ltd reserves the right to charge for delivery of the goods at any
time, notwithstanding that it may not have previously done so.
We shall deliver the Goods by such carrier and such form of transport we
consider to be appropriate.
We will not be responsible for any part delivery or delay in delivery of the
Goods as a result of events occurring beyond our control. We shall not be in any
way responsible for any consequences (direct or indirect) arising from such
delay or non-delivery.
We shall be entitled to charge for and recover from you on all demand costs or
loss occasioned by:
a) failure by you to collect or take delivery of the Goods (as the case maybe)
as and when agreed to;
b) delay or interruption in the installation of goods caused or contributed to
by any act or omission on your behalf. Any such costs or loss shall include (but
not be limited to) the cost of storage, labour, transportation and
administration costs at our prevailing commercial rates.
All goods are sold subject to goods & services tax (GST) unless the goods are
classified as GST exempt.
PAYMENT
The Purchase Price shall be paid to SchoolBiz Australia Pty Ltd at its address
and at the time or times stipulated.
We reserve the right to suspend the delivery of further goods if the terms of
payment are not strictly adhered to by you.
Any expenses, costs or disbursements incurred by us in recovering any
outstanding monies including debt collection agency fees or solicitor’s costs
shall be paid by the Customer. Providing that those fees do not exceed the scale
charges by that debt collection agency/solicitor.
GOODS AND SERVICES TAX
All goods are sold subject to goods & services tax (GST) unless the goods are
classified as GST exempt.
RETURN OF GOODS
We will not accept the return of goods for credit or any other purpose unless we
agree by means of a SchoolBiz Australia Pty Ltd Credit Request Authority form to
accept the return of the goods. Return of Goods will only be accepted for credit
within 14 days of delivery, unless due to our error. Return freight will be at
our cost only when error on our part.
TITLE AND RISK
Risk in the goods shall pass to you at the time when our obligations under the
contract are deemed under Condition 4 to be completed.
Irrespective of the time when risk in the goods shall pass, passing of property
and title in the Goods shall be determined as follows:
a) The customer hereby acknowledges that the property and title in the Goods
shall remain with SchoolBiz Australia Pty Ltd until the customer has made
payment in full of the Purchase Price and any other monies owing hereunder.
b) Pending payment in full of the Purchase Price and any other monies owing
hereunder:
i) in the case of the Goods being of the kind classified by us as ‘office
machinery’, ‘office furniture’ or computer hardware, the relationship between
SchoolBiz Australia Pty Ltd and the Customer shall be fiduciary, and the
Customer shall hold the Goods as bailee for and on behalf of SchoolBiz Australia
Pty Ltd. ii) the customer shall in all cases retain the Goods upon its premise
(within the State of Australia that supply is made) in a manner such that they
are readily identifiable as our property, and
iii) the Customer shall not in any way deal with, part with possession or
dispose or attempt to deal with, part with possession or dispose of the Goods.
c) In the event that the Customer defaults in payment of the Purchase Price or
any other monies owing hereunder or upon the occurrence of any of the events
SchoolBiz Australia Pty Ltd and its employees or agents shall have the right to
enter upon the Customer’s premises or any other premises where the Goods are
known to be stored to repossess the goods, and for this purpose the Customer
shall grant all reasonable access rights and SchoolBiz Australia Pty Ltd shall
be entitled to do all things required to secure possession. Upon repossession of
any of the goods SchoolBiz Australia Pty Ltd shall thereafter be entitled, in
its discretion, to resell the Goods to any third party in which case the
Customer shall not have any action whatsoever against SchoolBiz Australia Pty
Ltd for the breach of contract or otherwise.
d) If the Customer sells or otherwise disposes of the Goods to a third party
prior to making payment of the Purchase Price or any other monies owing
hereunder, SchoolBiz Australia Pty Ltd shall be entitled to so much of the
proceeds of such sale equivalent to the amount of monies owing to SchoolBiz
Australia Pty Ltd by the Customer.
CUSTOMER’S LIABILITY AND DEFAULT
If the Customer shall:
fail to make any payment due under the contract or commit any other breach of
any of the Customer’s obligations under the contract; or
suffer execution under any judgement; or
commit an act of bankruptcy; or
make any composition or arrangement with any creditor; or
being a company, pass a resolution for winding up or have a receiver appointed
over any of its property or have a winding up petition presented against it.
SchoolBiz Australia Pty Ltd (in addition to any other remedies hereby or statute
conferred) may treat the contract as terminated and any part of the Purchase
Price then unpaid, together with any other monies owing here under, whether or
not due under the terms of the contract shall forthwith become due and payable.
Any such termination shall be without prejudice to any claim or right we may
otherwise possess.
GOVERNING LAW
The contract shall be governed by the law of the State of Victoria and the
Commonwealth of Australia.
SchoolBiz Australia Pty Ltd reserves the right to change these Terms and
Conditions at any time.