1. Payments terms are strictly COD at date of supply unless a credit account has been approved.
2. Payments terms are strictly 14 days from date of invoice if fortnightly credit has been approved.
3. Payments terms are strictly 30 days from date of invoice if monthly credit has been approved.
4. Credit limits granted may not be exceeded without the written prior consent of Ktec Solutions Pty Ltd.
5. Goods returned will only be credited in full to the Customer’s account if returned in the same condition as delivered by Ktec Solutions Pty Ltd to the Customer initially and if returned and received by Ktec Solutions Pty Ltd within 14 days from the initial delivery.
6. The Customer hereby acknowledges that, should any amount not be paid on the due date, or any payment by cheque be unpaid, the entire balance then outstanding shall immediately become due and payable without any notice of whatsoever nature. The Customer agrees that a service charge of 0.05% per day on overdue balances may be charged to the Customer’s account at the discretion of Ktec Solutions Pty Ltd.
7. In the event of Ktec Solutions Pty Ltd instructing its solicitors to collect an overdue amount all legal fees and collection charges and tracing agents fees as between solicitor and client shall be borne by the Customer and all payments made shall firstly be allocated towards such fees and charges thereafter to interest and finally to capital.
8. The Customer hereby consents to the jurisdiction of Laws of New South Wales for all actions which may be instituted against it for the recovery of any amounts owing to Ktec Solutions Pty Ltd.
9. The Signatory/ Signatories hereby binds himself or herself / themselves jointly and severally as surety and co-principal debtor/s in with the Customer unto and in favour of Ktec Solutions Pty Ltd, its order or assigns, for payment of any amount which is now due or owing by the Customer to Ktec Solutions Pty Ltd.
10. (a) Product supplied by Ktec Solutions Pty Ltd to the Customer will be at the Customer’s risk upon delivery to the Customer or into the Customer’s custody (whichever the sooner), and the Customer must insure the product thereafter against such risks as Ktec Solutions Pty Ltd reasonably requires.
(b) Ownership of the product supplied by Ktec Solutions Pty Ltd will not pass to the Customer and will remain with Ktec Solutions Pty Ltd until such time as the product, the subject of the Contract or Order and all other products supplied by Ktec Solutions Pty Ltd to the Customer and all debts owing by the Customer to Ktec Solutions Pty Ltd from any other causes, have been paid in full.
(c) Until such time as all products have been paid in full or any other monies due to Ktec Solutions Pty Ltd have been paid in full, Ktec Solutions Pty Ltd authorizes the Customer to sell the product as fiduciary agent for Ktec Solutions Pty Ltd in the ordinary course of its business. The Customer must not represent to any third party that it is acting for Ktec Solutions Pty Ltd, and Ktec Solutions Pty Ltd will not be bound by any contracts with third parties to which the Customer is party. The Customer, in holding the product, will act as Ktec Solutions Pty Ltd’s fiduciary agent and bailee. The proceeds of the sales of the product by the Customer must be paid into a separate account and held in trust for Ktec Solutions Pty Ltd. The Customer must forthwith make payment to Ktec Solutions Pty Ltd from the account of all amounts which may be owing by the Customer to Ktec Solutions Pty Ltd from time to time.
(d) Until such time as the product has been paid for in full and all other debts discharged by the Customer, the Customer must store the product in such a manner as to show clearly that it is the property of Ktec Solutions Pty Ltd.
(e) The Customer irrevocably agrees and undertakes that Ktec Solutions Pty Ltd (its servants or agents) will have the right forthwith (and without prejudice to any other rights Ktec Solutions Pty Ltd may have pursuant to these Standard Terms and Conditions of Sale or at law or in equity) without notice or demand to immediately enter upon the Customer’s premises and retake possession and remove product in the possession of the Customer or wheresoever situated.
11. Notwithstanding 10(a), 10(b), 10(c) and 10(e) above, the risk of any loss or damage to or any deterioration in product from whatever cause shall pass to the Customer at the time of delivery.
12. The terms and conditions contained herein constitute the entire Agreement between the parties and no amendment or variation shall be of any force and effect unless in writing and signed by both Ktec Solutions Pty Ltd and the Customer. No representations have been made by Ktec Solutions Pty Ltd or on its behalf which have induced the Customer to enter into this Agreement.
13. No relaxation or indulgence granted by Ktec Solutions Pty Ltd to the Customer shall be deemed as a waiver of any rights of Ktec Solutions Pty Ltd in terms of this Agreement and such relaxation or indulgence shall not be deemed a variation of any terms and conditions of this Agreement.
14. Ktec Solutions Pty Ltd shall not be responsible for any loss or damage howsoever caused to the property or person of the Customer or any third party as a result of any defect in the product whether patent or latent, and the Customer indemnifies Ktec Solutions Pty Ltd against any claims made against it by any third party arising out of any such defects.
15. Unless specifically quoted to the Customer by Ktec Solutions Pty Ltd or arranged by the Customer with Ktec Solutions Pty Ltd, a charge for packing and delivery will be added to all invoices.
16. For new product, the warranty shall be as offered by the OEM and any defects shall be dealt with directly with the OEM as specified in the OEM conditions.
17. For used or refurbished product, Ktec Solutions Pty Ltd shall correct any defects that may occur during the first three months of normal use and service unless specifically stated otherwise in the Contract or Order