Terms & Conditions

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    “As a third party logistics provider our needs are largely reactive to our clients.  The ABBE team are always available for ordering, new product ...

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    We at Allcare Vehicle Wash Solutions found dealing with you and your company, a pleasure. We would highly recommend Abbe Corrugated P/L because we found them...

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    ‘At last I’ve found a supplier of printed archive boxes that is happy to compromise and meet market expectations!  For too long this market ...

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    The service I received from Abbe Corrugated was fantastic from the beginning.  Within 4 days of speaking to them I had 2 custom samples delivered to our...

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Terms & Conditions

1. Definitions

In this document ('Terms and Conditions Of Sale')

  • 'Contract' means the contract formed between the Seller and the Buyer through an Order accepted by an Order Confirmation.
  • 'Quotations' means a written offer by the Seller to supply a specified product to the Buyer.
  • 'Buyer' means the person placing the Order with the Seller.
  • 'Goods' means any goods, products, materials or services to be supplied by the Seller.
  • 'Seller' means Abbe Corrugated Pty. Ltd. ACN 052 244 443.
  • 'Order' means an offer to purchase made by the Buyer either verbally or in writing.
  • 'Order Confirmation' means written confirmation of the receipt of the order and a request for confirmation by the Buyer of the product, the quantity, price and specifications.
  • 'Application' means the application by the Buyer to the Seller for commercial credit.

2. Quotations

  • Written quotations will be provided for all new orders.
  • All quotations will be accompanied by and subject to these Terms and Conditions of Sale.
  • Any Application will be accompanied by and subject to these Terms and Conditions of Sale.

3. Contract

  • An Order is accepted when the Buyer receives from the Seller an Order Confirmation in writing or if writing is not received, acknowledgement verbally or delivery whichever first occurs.
  • When an Order is accepted by an Order Confirmation the Contract will be wholly documented by (in descending order of precedence) any specific terms agreed in writing, the Quotation, Order Confirmation and these Terms and Conditions of Sale.
  • Previous dealings between the Seller and the Buyer shall not have any effect on the Contract.
  • Trade custom and/or trade usage is superseded by the Contract and shall not be applicable in the interpretation of the Contract.
  • A Contract constitutes the entire agreement between the Seller and the Buyer with respect to the Goods supplied under the Contract. All prior negotiations, proposals and correspondence are superseded by that Contract and these Terms and Conditions of Sale will in all circumstances prevail over the Buyer’s terms and conditions of purchase (if any).

4. Delivery

  • The Seller will make all reasonable efforts to have the Goods delivered to the Buyer or his designated agent on the date agreed between the parties, but the Seller shall not be liable for any failure to deliver or delay in delivery for any reason.
  • Delivery shall be deemed to have taken place at the time of physical taking of the Goods by the Buyer or by a carrier, whether engaged by the Seller or by the Buyer.
  • The Seller will make all reasonable efforts to have the exact quantity ordered by the Buyer delivered to the Buyer but the Buyer will accept the delivery if the quantity delivered is within 10% of the quantity ordered.
  • The Seller reserves the right to deliver the Goods in more than one installment. Each installment is deemed to be sold under a separate Contract.

5. Payment

  • Where the Seller has granted the Buyer credit, payment for the Goods must be made in full (without any set off) and received by the Seller by the last business day of the month following the month of delivery unless otherwise identified by the Seller on any statement of account or invoice or Quotation or Order Confirmation.
  • Payment is only received by the Seller when it receives cash or when the proceeds of other methods of payments are credited to the Seller’s bank account.
  • The Seller reserves the right to charge interest at its current bank overdraft rate plus 1.5% on all overdue amounts.

6. Title

  • The legal and equitable title to the Goods will only be transferred from the Seller to the Buyer when the Buyer has met and paid all that is owed to the Seller on any account whatsoever.
  • The Buyer acknowledges that until the Buyer has met and paid all that is owed to the Seller on any account whatsoever, the Buyer holds the Goods as bailee for the seller and that a fiduciary relationship exists between the Buyer and the Seller.
  • Until the Seller receives full payment of all monies due to it from the Buyer, the Buyer shall keep the Goods separate and in good condition as a fiduciary of the Seller, clearly showing the Seller’s ownership of the Goods and, shall keep books recording the Seller’s ownership of the Goods and the Buyer’s sale or otherwise of them in accordance with paragraphs 6(e) and 6(f).
  • If the Buyer defaults, in addition to clause 6(b) the seller may take possession of the Goods wherever the Goods are located and the Buyer agrees that representatives of the Seller may enter upon the Buyer’s premises for that purpose.
  • Despite paragraph 6(a), the Buyer may sell as fiduciary agent for the Seller the Goods to a third party in the normal course of the Buyer’s business provided that where the Buyer is paid by that third party, the Buyer holds the proceeds of sale to the extent of the amount owing by the Buyer to the Seller at the time of receipt of such proceeds on trust for the Seller. The Buyer must keep those proceeds separate on trust for the Seller and not mix those proceeds with any other monies.
  • If the Buyer uses the Goods in some manufacturing or construction process of its own or some third party, then the buyer shall hold such part of the proceeds of such manufacturing or construction process as related to the Goods on trust for the Seller. Such part shall be deemed to equal in dollar terms the amount owing by the buyer to the Seller at the time of the receipt of such proceeds. The Buyer must keep that part of the proceeds separate on trust for the Seller and not mix those proceeds with any other monies.

7. Price

  • Unless otherwise expressly agreed in writing the price of the goods shall be that price charged by the company at the date of delivery including the amount which the company is required to pay on account of any excise, or sales tax or any other sales taxes or charges which may be established or levied by any government authority (domestic or foreign) upon goods or any part thereof the manufacture, use sale or delivery thereof.

8. Credit

  • The Seller may grant the Buyer credit upon the Terms and Conditions on the basis of the Application and such other documents and information as may be required by the Seller.
  • Until the Seller grants the Buyer credit by notice in writing, the Seller will only supply Goods to the Buyer on the basis of cash on delivery.
  • Any charges for artwork stereos and formes must be paid on delivery of the first order.
  • The granting of credit does not oblige the Seller to extend any particular amount of credit to the Buyer.
  • The Buyer must notify the Seller in writing if there is any change in the shareholding or ownership of the Buyer or any material change in the Buyer’s financial position.

9. Force Majeure

The Seller is not liable for failure to perform the Contract to the extent and for so long as its performance is prevented or delayed because of:

  • Circumstances outside the Seller’s control.
  • Failure of the Seller’s machinery.
  • Failure of a supplier to the Seller.

10. Warranties & Limitation of Liability

  • The Seller warrants that the Goods supplied are of merchantable quality.
  • The Seller’s liability for breach of sub clause 10(a) or a condition or warranty implied into this contract by law including, without limitation, the Statutory Provisions (other than a condition implied by Section 69 of the Trade Practices Act) is limited to any one of the following as determined by the Seller:-
    1. For goods, products or materials - the cost of replacement of the defective Goods as soon as reasonably practicable, the repair of the defective Goods or the repayment (or allowance) of the invoice price of the defective Goods.
    2. For services – to the provision of the services again or payment of the cost of having the relevant services provided again.
  • The Buyer will examine the Goods for defects and shall notify the Seller of any defects in writing within 30 days of delivery. If the Buyer does not notify the Seller within 30 days of Delivery, the Buyer shall be deemed to have accepted the Goods to be of merchantable quality and free of defects and agrees that the Buyer is prevented from subsequently pleading otherwise.
  • To the extent the law permits, the Buyer agrees that the Seller is not liable to the Buyer (and any party claiming through the Buyer against the Seller) for consequential, special or indirect loss or damage of any kind howsoever arising and whether caused by a breach of any of the warranties, terms, conditions or any other provisions of a Contract or from negligence, breach of statutory duty or other tort or otherwise related to a contract. Consequential special or indirect losses will be taken to include but not limited to:-
    1. Any loss of income, profit, revenue or business opportunity.
    2. Any loss in the nature of overhead costs.
    3. Any loss of goodwill or reputation, including, without limitation, any loss of value of intellectual property; and
    4. any damages, liquidated sums or penalties under any other agreement.
  • The Seller’s obligations in the event of paragraph 10(b) applying do not include:
    1. The cost of removal of defective Goods.
    2. The cost of installation of the replacement for the defective Goods.
    3. Defects in Goods caused by improper use or maintenance of Goods or related components or normal wear and tear and damage.
  • The Seller assumes no liability whatever for any technical advice, recommendation, information (whether contained in data sheets or otherwise) or assistance given, or the results obtained there from, all such advice being given and accepted at Buyer’s sole risk.
  • The Seller assumes no liability whatsoever for Goods produced in accordance with artwork checked and authorized by the Buyer.

11. Default

  • The Buyer will be in default if:
    1. The Buyer breaches any Terms and Conditions.
    2. Payment for the Goods has not been received by the Seller by the due date of payment.
    3. The Buyer being an individual commits an act of bankruptcy or becomes an insolvent under administration.
    4. The Buyer being a body corporate becomes an externally - administered body corporate or has an application for winding up filed against it.
    5. The Seller forms the opinion that the Buyer’s credit worthiness or credit standing alters from that indicated in its Application.
  • If one of the events described in clause 11(a) occurs, the Seller may without notice to the Buyer do any one or more of the following:-
    1. Treat the whole of the Contract and any other Contract with the Buyers as repudiated and sue for breach of contract.
    2. Refuse to supply any Goods to the Buyer.
    3. Claim the return of any Goods in the Buyer’s possession where title has not passed to the Buyer.
    4. Withdraw or vary any credit the Seller has provided to the Buyer;
    5. Make all monies owing by the Buyer to the Seller on any account immediately due and payable.

12. Waiver

  • The Seller failure at any time to insist on performance of any provision of these Terms and Conditions and/or of a Contract is not a waiver of the Seller’s rights at any time later to insist on performance of that or any other provision.

13. Patents & Designs

  • In consideration of the Seller accepting an order from the Buyer, the Buyer warrants that no patent, copyright trademark or design is infringed and the Buyer holds safe and Indemnifies the Seller against all costs or expenses incurred by the Seller arising from any claim by a third party of infringement of heir rights.
  • All technical information, advice, know how, drawings, design and samples, including quotations given, are submitted by the Seller on the basis that they will remain the Seller’s property and shall be kept confidential by the Buyer who will not make any use of such items without the Seller’s consent in writing, and the Seller will be entitled to compensation for any unauthorized use of such information.

14. Cancellation of Order

  • The order cannot be cancelled except upon the terms which will compensate the Seller for all work done and materials used or specially procured to the date of cancellation and expenses, including overheads and handling charges incurred to the date of cancellation.

 

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