ICONA’s Standard Terms and Conditions of Supply
Incorporation
These conditions govern every contract for the sale of goods and/or the provision of services by ICONA Pty Ltd to the Applicant; constitute all the terms and conditions agreed between them to the exclusion of all other terms and conditions. The applicant acknowledges having read the Standard Terms and Conditions of Credit prior to signing the Application for 30 Day trading account. No modification to these Conditions whether put forward in the Applicants purchase order or otherwise shall bind ICONA Pty Ltd unless agreed to in writing by its authorised employee.
Payment
The terms of payment to ICONA Pty Ltd are as follows:For the supply of goods and delivery services payment is strictly agreed to a maximum of our standard 30 day trading account whereby payment is made in full. Failure to pay within agreed credit terms will automatically create stop credit and will not recommence until payment is received for all amounts outstanding beyond agreed credit terms. Without prejudice to any other remedy ICONA Pty Ltd reserves the right to charge a default charge on any overdue payments at an annual rate equal to the ANZ Bank current overdraft rate at the time the payment fell due.
Claims
Goods will not be accepted for credit or return unless:
| a. | A claim is made within 10 days of despatch of goods. |
| b. | Claim is approved by ICONA Pty Ltd |
| c. | A Claim is accompanied with an ICONA return for credit advice. |
| d. | The items are received in original condition as at the time of despatch. |
NB: All returns will incur a surcharge of 15% to cover handling. Non- stock items and indent orders are non-refundable.
Retention of Title
| a. | Until the goods, the subject of the contract are paid for in full: |
| b. | Ownership shall remain with the Supplier but the risk shall pass to the Applicant. |
| c. | The relationship between the parties shall be fiduciary and the applicant shall hold the goods as bailee for the supplier. |
| d. | The applicant shall store the supplier’s goods separately from its own goods and those of any other person or company. |
| e. | The supplier authorises the Applicant to on sell the goods but as a agent for the Supplier. The applicant shall however, not represent to any parties that it is in anyway acting for the Suppliers and the Suppliers will not be bound by any contracts with third parties to which the Applicant is a party. |
| f. | The proceeds of any sale of the goods shall be paid into a separate account and the Applicant shall account to the Supplier from this fund for the full price of the goods. Records will be kept by the applicant of any goods owned by the supplier. |
| g. | The supplier may at its discretion, without further notice and without prejudice to any other of its rights retake possession of the goods and re sell the same, or any of them, and may enter upon the applicants premises, by its servants or agents, for that purpose, without any liability on the part of the Supplier for any loss of damage suffered as a consequence of such re-entry or retaking of possession; In the event that the Applicant breaches any of these Terms and Conditions or commits an act of Bankruptcy or a receiver is appointed, or a voluntary administrator is appointed, or the company goes into liquidation, without prejudice to any other rights the supplier may have. The Applicant by receiving delivery of the goods authorises the supplier to re-take possession of any unpaid for goods and resell same without accounting to the Applicant therefor. |
Quotations and prices
Any quotation given by ICONA Pty Ltd is a mere invitation to treat and does not constitute a contractual offer. All quotations hold for thirty days after issue but ICONA Pty Ltd may withdraw a quotation at any time. Prices included in the quotation are based on the specification, drawings and /or requests by the Applicant. Should the specification or Applicants request change, then ICONA Pty Ltd reserves the right to vary the quotation price. Applicant is responsible for all freight costs.
All Purchase Orders exceeding the sum of $10,000 AUD require a deposit of 50% of the purchase order value, which is to be paid to ICONA Pty Ltd.
Withdrawal of Credit
The supplier may in its sole and absolute discretion withdraw any credit facility granted without notice.
Defaults
If the applicant defaults in paying any amount owed by the applicant to the supplier under these Standard Terms and Conditions, then any amount invoiced to or owned by the Applicant to the supplier becomes immediately payable and the Applicant agrees to indemnify the Supplier against all costs (including legal costs, commercial agent commission, freight, insurance, loss of profit and interest on a full indemnity basis) incurred by the Supplier as a result of the Applicants default.
Service
Service of any notice, document or court proceeding on the Applicant shall be deemed to have occurred if they are served to business address specified on the invoice.
Trusts
Should the Applicant be a Trustee of a Trust then the Applicant shall be liable both in its own capacity and in its capacity as Trustee of the Trust for performance of all obligations to the Supplier.
Privacy Act Authority
The Applicant agrees and consents to the Supplier seeking from and giving to any credit provider any details concerning or relation to the Applicants credit worthiness.
Succession in Title
Any change in the shareholding or directorship altering the effective control of the company or the holding company if any, the signatories herewith shall immediately advise the Supplier of such change in the shareholding and/or directorship and complete all necessary further documentation that is required by the supplier.
Force Majeure
If delivery is prevented or delayed, in part or all, by reason of Acts of God, or the consequence thereof including, but not limited to fire, flood typhoon, earthquakes, or by reason of riots wars hostilities, government restrictions trade embargos, strikes, lockouts, labour disputes boycotting of goods, ship shortage, manufactures bankruptcy, delays or damage in transportation or other causes beyond the Suppliers control, the Supplier may, at its option, perform the contract or the unfulfilled portion thereof within a reasonable time from the removal of the cause preventing or delaying performance, or rescind unconditionally and without liability, or the unfulfilled portion thereof.
Governing Law
This agreement is governed by and construed in accordance with the laws of Victoria and shall be subject to the jurisdiction of the Courts of Victoria.
Company Applicants
Where the Applicant is a company the Directors of the Applicant agree to guarantee all of the company debts to the Supplier as if it were their own personal debt and shall sign Guarantee Form annexed to the Application for 30 Day Trading Account.