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Terms and Conditions of quotation of sale

These are the Terms and Conditions of Sale for all products and services supplied by Chem-Pack Supplies Australasia Pty Ltd (ACN 153 742 039) (“Company”). Except as otherwise expressly agreed in writing between a duly authorised officer of the Company and the Customer, these Terms and Conditions will apply, notwithstanding any provisions to the contrary that may appear on any order form or other document issued by any Customer.

1. General

  1. Price lists are valid for 30 calendar days from the date of issue. After this time, prices may vary at the absolute discretion of the Company.
  2. All orders placed with the Company are subject to these Terms and Conditions. The Company may vary or alter these Terms and Conditions at any time. Any such variation will apply once notified to the Customer.
  3. If a Customer cancels or alters an order (or part thereof) after the Company has received it, the Company reserves the right to charge the Customer for the cost of products and materials already acquired.
  4. Commencement of provision of products based on a quotation is subject to Company approval of the Customer’s Credit Application.
  5. Any representation, warranty, condition, or undertaking that would be implied into these Terms and Conditions by legislation, common law, equity, trade, custom, or usage is excluded to the maximum extent permitted by law.
  6. Nothing in these Terms and Conditions excludes, restricts, or modifies any right or remedy conferred by the Competition and Consumer Act 2010 (Cth) or any other applicable Australian law that cannot be excluded, restricted, or modified.
  7. Notices or communications under these Terms and Conditions must be in writing.
  8. Where the Customer has more than one proprietor, or more than one Applicant under a Credit Application, liability is joint and several.
  9. “Customer” means both the Customer in these Terms and Conditions and the Applicant under the Credit Application.

2. Orders

  1. Orders must be placed by telephone or in writing.
  2. The Company reserves the right to accept or reject orders. Any non-acceptance will be communicated within 5 business days of receipt.
  3. Goods will be supplied at the price shown in the price list current when the Customer places the order.

3. Pricing

  1. If there is an error or omission in a Price List, the Company reserves the right to amend it, even after acceptance of a quotation.
  2. Unless otherwise stated, all quoted prices are GST exclusive. GST will be added to delivery, supply, and installation.
  3. The Company may change its price list at any time. Where prior notice of a price increase is given, the Company may refuse an order (before the increase takes effect) if, in its reasonable opinion, the volume ordered exceeds the Customer’s normal buying patterns.

4. Terms of Payment

  1. Subject to clause 11, payment must be made by cleared funds prior to delivery.
  2. Where a Customer has approved commercial credit with a set credit limit, payment is due within 30 calendar days of delivery. Payment is deemed made when cleared in the Company’s nominated account.
  3. If the Customer fails to pay on time, the Company may:
    1. Charge default interest at 12% per annum, calculated daily, on all overdue amounts. Payments received will first be applied to interest, then services, then goods.
    2. Recover from the Customer all costs of debt recovery, including legal costs on a solicitor–client basis.
    3. Cease all outstanding work and terminate any undelivered orders.
    4. Require cash on delivery for any further products.

5. Delivery & Inspection

  1. The Customer must pay reasonable transportation costs, as per the Price List.
  2. Delivery dates are estimates only. Delays do not entitle cancellation or claims for damages.
  3. Delivery obligations are discharged on arrival at the Customer’s nominated destination, transport company, agent, or the address on the quotation.
  4. Supply is subject to availability. Partial orders may be delivered in instalments, with each instalment invoiced separately.
  5. Customers must inspect goods immediately after delivery. Claims for mis-delivery, shortage, defect, or damage must be notified in writing within 5 business days. Claims for damage after delivery will not be accepted.

6. Property and Risk

  1. Title in goods remains with the Company until full payment (including taxes and charges) is received. If payment is later avoided by law, title is deemed not to have passed.
  2. Risk passes to the Customer upon delivery.
  3. Customers hold goods as fiduciary bailee until full payment.
  4. To the extent permitted by law, the Company is not liable for liquidated damages, consequential losses, or indirect losses of any kind. Liability is capped at AUD $100. 
  5. Customers grant the Company a Security Interest under the PPSA (Personal Property Securities Act 2009) over outstanding payments and after-acquired property. Specific PPSA provisions are waived as outlined in the original clause.
  6. Customers further charge all real property as security for payment, authorising the Company to lodge caveats and register mortgages if required.

7. Consumer Law

  1. Goods come with guarantees that cannot be excluded under the Australian Consumer Law.
  2. Customers are entitled to a replacement or refund for major failures, and compensation for reasonably foreseeable loss or damage.
  3. Customers are entitled to repair or replacement if goods fail to be of acceptable quality and the failure is not major.
  4. “Major failure” has the meaning defined in the ACL.
  5. No additional express warranties are provided.
  6. Contact details for claims:
  7. Phone: +61 2 8536 9500
  8. Email: [email protected]
  9. Address: Unit 1-3, 19-21 Northumberland Road, Caringbah, NSW 2229
  10. Customers bear any cost incurred in contacting or delivering products for claims.

8. Force Majeure

  1. The Company is not liable for failure or delay caused by events beyond its control, including (but not limited to): war, strikes, industrial disputes, government intervention, transport delays, fire, natural disasters, breakdown of plant, shortages, vandalism, riot, or accidents. Obligations are suspended until the event ceases. Payment obligations remain unaffected.

9. Licence

  1. Customers grant the Company (and its agents) a licence to enter premises to identify and recover goods in which the Company retains title or a security interest. The Company may dispose of such goods without liability.
  2. Customers are licensed to install products, but ownership of affixed products remains with the Company until full payment is made. Where products are combined with third-party property, ownership will be as tenants in common.

10. Set-Off

  1. The Company may set off any amount payable by the Customer against amounts owed by the Company to the Customer.
  2. Disputes over part of an invoice do not relieve the Customer from paying the undisputed balance.

11. Termination

  1. The Company may suspend deliveries or recover goods if the Customer:
    1. breaches these Terms and Conditions,
    2. commits an act of bankruptcy,
    3. is wound up, enters liquidation, or administration,
    4. enters into a composition with creditors, or
    5. has a receiver or manager appointed.

12. Governing Law & Jurisdiction

  1. These Terms and Conditions are governed by the laws of New South Wales, Australia. The Customer consents to proceedings being heard in an appropriate Court in New South Wales.

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