1. In these terms and conditions unless the context otherwise requires: “PWB” means Peter W Beck Pty Ltd trading as BECKS Group Australia ABN 37 008 011 550 of 14 Duncan Court Ottoway, South Australia 5013. “goods” means all goods and services sold and supplied by PWB to the Customer. “Customer” means the person firm or company referred to above or overleaf as the Customer by whom or on whose behalf an order or request for the sale of goods has been placed with PWB. “GST” means the tax payable under the GST law as defined in the (Goods and Services Tax) Act 1999. “the price” means the purchase price of goods sold and supplied by PWB to the Customer including all amounts for GST and any amount for packaging and the charges of a carrier. “the due date” means the date on which the purchase price is payable by the Customer. Headings are for convenience only and do not affect the interpretation of this agreement. A reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.
2. The Customer agrees to order goods from PWB. PWB will specify a price at which PWB is willing to sell to the Customer the goods requested at the point of issuing a compliant tax invoice.
3. Each sale and purchase of goods is to be a separate contract.
4. Unless PWB has agreed to sell to the Customer the goods on credit: 4.1 The Customer must pay the price upon delivery of the goods; and 4.2 The Customer acknowledges that PWB may retain possession of the goods and have a lien on the goods until payment by the Customer has been made in cleared funds.
5. If PWB agrees to sell and supply to the Customer goods required by the Customer on credit at the Customer’s request the Customer agrees with PWB as follows: 5.1 The Customer will pay the price of goods sold by PWB to the Customer by the end of the month following the month the goods were invoiced by PWB (“the due date”). 5.2 The Customer must pay each price on the due date as a condition precedent to future delivery. 5.3 PWB may threaten or commence court action for recovery of any amount payable by the Customer but not paid before or on the due date. 5.4 PWB may charge and recover from the Customer interest on any amount payable by the Customer but not paid before or on the due date at the rate of 5% per month calculated daily from the due date until payment is received in full. 5.5 Property of and title in the goods shall not pass to the Customer until the Customer has paid PWB the price. PWB may recover the goods from the Customer. PWB may keep or resell any goods so repossessed. 5.6 If the Customer sells the goods to a third person and the Customer has not paid PWB the price of the goods the Customer agrees to hold so much of the amount received by the Customer from the third person which is equal to the amount of the price upon trust for PWB and the Customer agrees that the Customer must account to PWB for such amount. 5.7 If the goods consist of metal which the Customer converts into a different form by a manufacturing process or the metal is fused with or commingled with other materials so as to lose its identity the Customer agrees that upon the sale of goods which have been made from the metal or which incorporate the metal (the manufactured goods) the Customer will hold so much of the amount (or amounts as the case may require) received by the Customer upon sale of the manufactured goods which is equal to the amount of the price upon trust for PWB and the Customer agrees that the Customer must account to PWB for such amount or amounts. 5.8 Notwithstanding clauses 5.5 to 5.7 (both inclusive) PWB may maintain an action against the Customer for the price. 5.9 The Customer acknowledges that PWB may notify PWB’s security interest in goods sold to the Customer on credit on the Personal Property Securities Register established as commercial property under the Personal Property Securities Act 2009. 5.10 The Customer must not create security interests in favour of third parties over goods sold by PWB to the customer on credit. 5.11 In the event the Customer defaults on the trading terms, the Company reserves the right to impose a “stop credit” order until such time that the Customer settles all unpaid amounts, subsequent to such payment being made, the Company reserves the right to apply a “pay before release” condition to the Customers account until further notice or at the companies discretion. 5.12 A breach by the Customer of any provision of this clause 5 will entitle PWB to exercise its rights pursuant to this clause 5.
6. The Customer agrees that PWB will deliver the goods at PWB’s premises or when PWB places the goods at the Customer’s disposal or for collection by a carrier.
7. The Customer agrees to pay the cost of any special packing or packaging which is additional to the price quoted by PWB.
8. The Customer agrees to pay PWB the price by crediting the amount of the price directly to PWB’s trading account maintained by PWB with the bank or financial institution notified to the Customer in writing.
9. If PWB accepts a cheque for payment the price will not be paid until the cheque has been cleared. If the goods are released to the Customer in exchange for a cheque and the cheque is dishonoured PWB may pursue the Customer for the amount of the cheque without further notice to the Customer and this clause shall constitute a waiver by the Customer of PWB’s obligation to comply with the Rules of any court which require notice prior to commencement of action.
10. The Customer agrees that the goods are at the Customer’s risk from the date and time of delivery and insurance of the goods is the Customer’s responsibility.
11. Unless otherwise agreed between PWB and the Customer the Customer will arrange for carriage of the goods to the Customer by a contract carrier at the Customer’s cost in all things and subject to the carrier’s terms and conditions of carriage.
12. To the extent permitted by law, all conditions and warranties (whether express or implied) including those relating to the condition, quality or fitness of the goods for any particular purpose, are excluded.
13. All prices provided by Becks Group Australia are subject to change based on movements in the precious metal markets, increased manufacturing and/or operational costs, currency exchange fluctuations, or other external economic conditions. We reserve the right to adjust our pricing accordingly and without prior notice. Orders will be invoiced at the prevailing rate at the time.
14. Any description of goods requested by the Customer on enquiry with PWB will be by way of identification only and the use of any description by PWB shall not constitute a sale by description.
15. If upon receipt of goods the Customer has bought from PWB the Customer finds that the goods are not of the quality or description requested by the Customer in writing the Customer shall return them to PWB at the Customer’s expense.
16. If the Customer has bought goods from PWB after inspection by the Customer of a sample exhibited by PWB the Customer acknowledges and agrees that the sample was exhibited to enable the Customer to judge for itself the quality and not so as to constitute a sale by sample and that PWB will not be responsible for quality or fitness for purpose but the Customer will take the goods on the Customer’s own judgment and the goods shall be deemed to correspond with the sample.
17. Unless the Customer notifies PWB in writing within one week of the sale of goods that the goods are not as ordered by the Customer the goods shall be deemed to be in accordance with the Contract and the Customer shall be bound to accept and pay for the goods.
18. If in the event the Company and the Customer are in communication relative to a defective product defined as being out of specification, incorrectly supplied or otherwise damaged and/or not fit for purpose, this may not be cause or reason for the Customer to withhold payment against any invoices due for payment.
19. The Customer will not disclose confidential information of the other party; and may only disclose any Confidential Information to those Parties Officers, Employees or Advisors who have a need to know for the purposes of this Agreement and undertakes to the other party a corresponding obligation of confidentiality if required to do so by law; or with the written approval of the other party.
20. Any notice (which includes an order for goods, a tax invoice, writing or communication) to be given under this agreement may be given by personal delivery, post or email.
21. The notice is deemed to have been served immediately upon delivery, in the ordinary course of post, or immediately upon transmission by email.
22. PWB or the Customer may change the address at which a notice can be served by giving written notice.
23. A notice takes effect from the time it is received unless otherwise specified.
24. Failure or delay in exercising rights does not constitute a waiver.
25. For customers located in Australia, this agreement is governed by the laws of South Australia. For customers located in New Zealand, the laws of New Zealand apply.
BECKS Group Australia
A division of Peter W Beck Pty Ltd
ABN 37 008 011 550
QFIN005 Terms and Conditions of Sale and Supply V1