These Terms and Conditions apply to the exclusion of all others including terms and conditions incorporated in any purchase order. Tasman Grit supplies only on these terms and conditions and any purchaser taking delivery of goods and products shall by doing so agree to these terms and conditions applying to the exclusion of all other terms and conditions. If a provision of these Terms & Conditions is wholly or partly invalid or unenforceable, that provision or that part of it that is invalid or unenforceable must, to the extent, be deleted from these terms and conditions. Nothing affects the validity or enforceability of the remaining Terms & Conditions.
All goods and products are supplied at the current list price at the time of order or the amount set out in any written quote at the time of order. All prices are ex-warehouse at Wagga Wagga unless otherwise stated in writing. Transport and delivery charges (if applicable) are payable by the purchaser in addition to any quoted price.
Terms of payment will be cash prior to delivery other than for purchasers who have approval in writing for 21 day accounts. Tasman Grit reserves the right to withhold further deliveries in circumstances where terms of payment have not been met by the purchaser. If the purchaser fails to pay any moneys owing to Tasman Grit within 21 day terms, such overdue moneys shall accrue interest from day to day at a rate equal to 12% per annum on such moneys after 14 days from the date of invoice, until all moneys are paid in full. In additional to any payment or interest due to Tasman Grit in accordance with this clause, the purchaser shall be liable for all reasonable legal and debt collection costs incurred by Tasman Grit in relation to collection of any payment due by the purchaser on a full indemnity basis.
4. Retention of Title and Passing of Risk
Title in goods and products purchased remains with Tasman Grit until Tasman Grit has received payment in full of all monies owing by the purchaser for the purchase of the goods and products. If payment is not made in full by the due date for payment, then Tasman Grit is authorized to re-take possession of the goods and products and to recover any deficiency on resale of the goods and products plus any costs of re-taking possession as a liquidated debt. Tasman Grit is authorized to enter any premises under the control of the purchaser to retake possession of the goods and products purchased. Upon resale of the goods and products, whether as part of another good or product manufactured by the purchaser, the purchaser will hold any proceeds of sale in trust for Tasman Grit until payment of the goods and products has been made in full.
Risk in relation to damage to the goods and products passes to the purchaser upon their dispatch or collection from Tasman Grit’s warehouse\premises.
Tasman Grit will in no circumstances be responsible for delay in delivery. Any purchaser requiring urgent delivery of goods and products should make its own arrangements for collection of goods and products from Tasman Grit’s warehouse\premises.
5. Exclusion/Limitation of warranties and liability
In so far as is possible all warranties whether by statute or common law in relation to the supply of goods and products by Tasman Grit are expressly negatived and do not apply. Tasman Grit is not liable to the Purchaser, and the Purchaser releases Tasman Grit, from any breach of contract or duty of care.
To the extent permitted by law, the absolute limit of Tasman Grit’s liability under any condition or warranty that cannot be legally excluded is limited to the replacement or repair or re-supply of equivalent goods or products. The Purchaser acknowledges that Tasman Grit is not responsible for, and releases Tasman Grit from, any direct, indirect or consequential loss or expense suffered by the Purchaser or any third party, howsoever caused from the supply and use of the goods and products.
6. Governing Law
The supply of goods and products by Tasman Grit is governed by the laws of the State of New South Wales and the parties agree to submit exclusively to the jurisdiction of the courts of New South Wales to any matters arising from this Agreement.