Wolter Steel Co - Terms and Conditions

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Terms And Conditions


All terms and conditions are for sales, deliveries and services performed by Wolter Steel Co Pty Ltd.

1.    Supply on Commercial Trade Supply Agreement Account


      a.    Application to open Trade Supply Agreement account must be completed on an official Wolter Steel Co Pty Ltd application form before supply will be considered.
      b.    Terms and Conditions on which Commercial Trade Supply Agreement account may be granted and operated are subject to change without notice.
      c.    Payment of Commercial Trade Supply Agreement accounts must be received not later than30 days from the date of statement.
      d.    Wolter Steell Co Pty Ltd reserves the right to take the following action against any customer outside its Commercial Trade Supply Agreement Terms
           I.    Withhold supply and dispose of stock order held;
           II.    Institute legal action for recovery of outstanding costs incurred;
           III.    Terminate Commercial Trade Supply Agreement facilities;
           IV.    Any Commercial Trade Supply Agreement Account dormant for more than 6 months to be closed automatically. A new Commercial Trade Supply Agreement Application to be completed to reopen.
           V.    Any customer notifying Wolter Steel Co Pty Ltd of a change of Name, Address or Directors to automatically be required to complete a new Commercial Trade Supply Agreement Application
and Wolter Steel Co Pty Ltd shall not be liable to the customer for any loss or damage resulting directly from such action.

2.    Reservation of Title


a.    The ownership of the goods delivered by Wolter Steel Co Pty Ltd to the customer (“the goods”) is only transferred to the customer when he has paid all sums owing to Wolter Steel Co Pty Ltd whether under this or any other contract and until such time as Wolter Steel Co Pty Ltd has a right to call for or recover the goods (for which purpose Wolter Steel Co Pty Ltd may enter the customers premises by its servants or agents) and customer is under an obligation to deliver the goods to Wolter Steel Co Pty Ltd.
b.    Where Wolter Steel Co Pty Ltd has not been paid pursuant to this agreement or any other terms of payment in force between the parties and Wolter Steel Co Pty Ltd delivers the goods to the customer, the customers in accordance with the provision, the customer agrees with Wolter Steel Co Pty Ltd to keep the goods in a fiduciary capacity for Wolter Steel Co Pty Ltd and the customer agrees until disposed of by Wolter Steel Co Pty Ltd to store the goods in a matter that clearly shows the ownership of Wolter Steel Co Pty Ltd.
c.    Where the customer is in debited to Wolter Steel Co Pty Ltd for the purchase of goods, or supply of services, and the indebtedness is on a current trading facility, Wolter Steel Co Pty Ltd reserves the right to exercise the retention of the title of goods to the value of the outstanding amount plus additional cost incurred in the recovery of such goods.
d.    Not withstanding the provisions of the two preceding clauses the customer may sell the goods to a third party in the course of the business and deliver them to that third party providing that:
      I.    Where the customer is paid by the third party, and Wolter Steel Co Pty Ltd has not been paid by the customer for the goods pursuant to this agreement or any other terms of payment in force between the parties, the customer holds the whole of the proceeds of sale on trust for Wolter Steel Co Pty Ltd and
      II.    Where the customer is not paid by the third party, and Wolter Steel Co Pty Ltd has not been paid by the customer for the goods pursuant to this agreement or any other terms of payment in force between the parties, the customer agrees, at the option of Wolter Steel Co Pty Ltd to assign a claim against his claim to the party to Wolter Steel Co Pty Ltd upon Wolter Steel Co Pty Ltd giving the customer notice in writing to that effect.
e.    For the purpose of giving effect to perfecting the agreement, specified in paragraph d II), the customer will irrevocably appoint Wolter Steel Co Pty Ltd as its attorney.
f.    The parties agree that these provisions apply notwithstanding any agreement, whether subject to his agreement or not, between the parties under which, Wolter Steel Co Pty Ltd gives customer credit.

3.    Prices


a.    Prices are subject to change without notice and goods will be invoiced at the price ruling at the date of dispatch.
b.    Any references to retail prices are recommendations only and there is no obligation to comply with any recommended prices.

4.    On Site Deliveries


Any deliveries made by Wolter Steel Co to a customer’s site must be signed for by customer unless prior arrangement has been made and an unattached site authorisation has been lodged on file at Wolter Steel Co.

5.    Interest


Interest at a rate of 18% per annum will be charged against all overdue accounts.  Such interest to be charged and debited to the customer’s account at the monthly rate of 1.5% on the overdue balance at that time.

6.    Claims


Returns of stock will not be accepted without prior authorisation of all claims, including requests for proof of delivery and statements of short supply, will only be considered ny Wolter Steel Co Pty Ltd ‘if received in writing within 7 days’ from the delivery date.
a.    Return of first quality stock (oversupply, incorrect goods); Stock must be in original packaging, in good order and condition and be accompanied by documentation showing: Customer Name, Address Number, Invoice Number and reason for returning with authorisation number (if required).
b.    Return of faulty stock; Any claim for faulty stock must be fully documented. All items will be subject to inspection before credit can be considered, and accordingly acceptance shall not constitute acceptance of credits.
c.    Price Discrepancies; in the case where a customer feels that an incorrect charge has been levied for goods, the customer will submit payment as specified in paragraph 1 ( c ) of the amount the customer feels should have been charged.

7.    Clerical Errors and Variations


Clerical errors are subject to correction without notification.  These trading terms are subject to change without notice.

8.    Acceptance


All orders are subject to acceptance by Wolter Steel Co Pty Ltd.  Special conditions can be extended to any quotation or order placed at the discretion of Wolter Steel Co Pty Ltd.


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