STEVE CRAMER PRODUCTS - TERMS & CONDITIONS
Remarc Pty Ltd A.C.N. 005 844 039 (trading as Steve Cramer Products) ("the Vendor") offers to sell
the goods described on the reverse hereof to the purchaser to whom this invoice is addressed for
the price and subject to the terms of payment for the goods set out hereof. The
purchaser accepts the goods on the following conditions:
1. Price and terms of payment for the goods are as set out on the reverse hereof, and unless
otherwise stated, payment shall be made within 30 days from end of month of invoice. If the terms
of the purchaser's order are different from these terms of trading then delivery of the goods to
the purchaser constitutes an offer by the vendor to sell the goods to the purchaser on these
terms and acceptance of the goods by the purchaser shall be acceptance by the purchaser of these
terms of trading.
2. All taxes, customs, duties, stamp duties and duties of excise of an nature whatsoever
now levied by any governmental authority whether federal, state or local either directly or
indirectly upon the goods or upon freight charges (if any) shall be paid by the purchaser.
3. The vendor reserves the right to add to the price of the goods any increase of the items set
out in 2 hereof levied during the currency of the contract and before delivery of the goods.
4. The purchaser hereby agrees to the following:
(a) If delivery is to take place at the vendor's warehouse the goods shall be at the purchaser's
risk on delivery.
(b) If delivery is to take place other than at the vendor's warehouse risk in the goods shall
pass to the purchaser immediately the goods begin to be loaded for the carriage to the agreed
place of delivery.
5. The vendor reserves the right to require payment for any delivery hereunder in advance or
to require that satisfactory security for payment to be given prior to such delivery. If the
purchaser fails to make payment in accordance with the terms of this agreement, or fails to comply
with any provisions of this agreement, the vendor reserves the right to cancel any delivery of
goods and partially completed work.
6. The vendor shall be entitled to invoice the purchaser on the date the products are delivered
to the carrier.
7. The vendor shall not be liable for failure to deliver or delayed delivery by reason of the
following matters affecting delivery:
(a) fires, floods or other casualities;,
(b) wars, riots, civil uprising, embargoes, government regulations, or vendor's inability to
obtain necessary materials from its usual source of supply;
(c) delays in transportation to the purchaser howsoever caused;
(d) existing of future strikes or other labour troubles affecting production or
delivery whether involving employees of the vendor or employees or other regardless of
responsibility or fault on the part of the employer;
(e) other contingencies of manufacture of delivery whether or nor of a class mention and not
reasonably within the vendor's control.
8. Until the goods are paid for in full the ownership thereof shall remain with the vendor.
Until the goods are paid for in full the relationship between the parties shall be fiduciary and
the purchaser shall hold the goods as bailee for the vendor. The vendor may, if the purchaser is
in default of payment for the goods, retake possession of the goods without notice,
without being liable for any loses incurred or damage sustained as a direct or indirect
consequence of the vendor retaking possession of the goods. The purchaser agrees that the
vendor has access to its premises for the purpose of retaining possession of the goods. The
vendor shall have all of the above rights notwithstanding that the purchaser defaults or commits an
act of bankruptcy or a receiver is appointed of the purchaser's business or the purchaser goes into
liquidation. The purchaser acknowledges that the vendor has the right to resell any of the goods
of which it has retaken possession.
9. If the vendor has consented to the purchaser disposing of the goods to a third party such
consent is conditional upon the vendor being paid in full and the purchaser hereby agrees to
notify any subsequent purchaser that he former does not have any title in the goods and that title
in the goods cannot pass from the vendor until the vendor has been paid in full for the goods.
10. Should the purchaser default in making any payment then the vendor has the right to
charge interest at the rate charged by the Vendors bankers for overdraft accommodation, suck
interest to be calculated from invoice date to the date of full and final payment
by the purchaser.
11. lf the purchaser becomes insolvent or bankrupt or calls a meeting of creditors or goes
into liquidation, voluntary or otherwise the vendor may suspend delivery or cancel the order.
12. Any legal costs or expenses incurred by the vendor in recovery of any outstanding
payment under this invoice will be payable by the purchaser.
13. The vendor warrants that its products are of high quality and free from
manufacturing defects. However, subject to such statutory warranties as cannot be validly
excluded, no warranty is given that the goods sold are suitable in size, shape, capacity, quality
or otherwise for the purpose for which the goods are brought.
14. Any special terms of sale on the reverse hereof are by this reference incorporated herein
with the same force and effects as those set out herein in full and shall prevail to the extent of
any inconsistency with these printed terms and conditions.
15. The purchaser shall inspect the goods forthwith upon their delivery and shall within seven
days from such inspection give written notice to the vendor of any matter or thing by reason
whereof the purchaser may allege that the goods are not in accordance with the Contract. lf the
purchaser shall not allege such matter then to the extent permitted by statute the
goods shall be deemed to have been accepted by the purchaser and the purchaser shall pay
for the same.
16. If any terms or provision (or part thereof) of these terms of trading is held by account of
competent jurisdiction to be illegal, unenforceable or contrary to public policy then these terms
of trading shall be read as if such terms or provision (or part thereof) had never been in these
terms of trading and were severed therefrom leaving the remainder of the terms of trading legal
valid and enforceable.
17. The vendor shall not be responsible for any consequential loss or damage which may be
occasioned by any breakdown, stoppage or failure of the goods from any cause whatsoever.
I 8. Subject to the vendor's prior consent orders accepted by the vendor can not be
cancelled by the purchaser prior to delivery. For goods delivered to a purchaser, credit for
returned goods will be allowed as follows:-
(a) in every case the original number and date of invoice must be quoted by the purchaser.
(b) All goods must be returned to the vendor warehouse on which the order is placed within 30
days of delivery, packaged in their original and unmarked condition complete with all
documents originally supplied therewith and the amount allowed for credit will be the
invoice value for goods returned less 20%;
(c) All charges for outward and inward freight, packing and delivery will be deducted from the
19. The terms of trading and any writing in the reverse hereof shall constitute the entire
agreement between the parties except to the extent that such terms of trading are modified in
writing and signed by both the parties.
20. The vendor shall, in respect of all unpaid debts due from the purchaser have a general
lien on all goods ordered by the purchaser in the hands of the vendor and shall be entitled
on the expiration of fourteen (14) days notice to the purchaser to dispose of such goods as the
vendor thinks fit and to apply the proceeds towards such unpaid debts.
21. This agreement shall be governed by the laws of the State of Victoria and the parties hereby
submit to the jurisdiction of the Courts of that State for the resolution of any dispute under this agreement.