In these conditions unless the contrary intention appears: “Additional Charges” includes all delivery, handling and storage charges, sales tax, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to RBC Waterproofing arising out of the sale of the Goods. “Customer” means the person to or for whom the Goods are to be supplied by RBC Waterproofing. “Goods” means the goods sold to the Customer by RBC Waterproofing. “RBC Waterproofing” means RBC Waterproofing Pty Limited, ABN 2485 5883 988. “Purchase Price” means the list price for the goods as charged by RBC Waterproofing at the date of the delivery or such other price as may be agreed by RBC Waterproofing and the Customer prior to delivery of the Goods.
2. Order for Goods
2.1 An order given to RBC Waterproofing shall be binding on RBC Waterproofing and the Customer, if 2.1.1 a written acceptance is signed for or on behalf of RBC Waterproofing; or 2.1.2 the Goods are supplied by RBC Waterproofing in accordance with the order. 2.2 An acceptance of the order by RBC Waterproofing is then to be an acceptance of these conditions of sale by RBC Waterproofing and the Customer and these conditions of sale will override any conditions contained in the Customer’s order. RBC Waterproofing reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Goods to the Customer. No order shall be binding on RBC Waterproofing until accepted by it. 2.3 An order which has been accepted in whole or in part by RBC Waterproofing cannot be cancelled by the Customer without obtaining the prior written approval of RBC Waterproofing, which it may refuse in its absolute discretion.
3.1 Certain laws imply terms, conditions and warranties (“Prescribed Terms”) into contracts for the supply of goods and prohibit the exclusion, restriction or modification of such terms, conditions and warranties. The liability of RBC Waterproofing in respect of a breach of a Prescribed Term is limited at the option of RBC Waterproofing to the replacement of the Goods or the payment of the cost of replacing the Goods or refund of the Purchase Price paid by the Customer. 3.2 Any claims to be made against RBC Waterproofing for short delivery of Goods must be lodged with RBC Waterproofing in writing within 7 days of the delivery date. 3.3 Unless the terms and warranties are included in these standard terms and conditions, all prior discussions, quotations, warranties and implied terms and warranties, to the extent permitted by law, are excluded.
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5. Price and Payment
5.1 Unless otherwise expressly agreed in writing, the Purchase Price of the Goods shall be that Purchase Price charged by RBC Waterproofing at the date of delivery plus any Additional Charges. 5.2 If the Customer is in default, RBC Waterproofing may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights. 5.3 All payments are due within 30 days trading month end. Interest is charged at the rate of 1.5% per month from the expiry of that period until the date payment is received by RBC Waterproofing.
6.1 These terms and conditions are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia. 6.1 These terms and conditions are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia. 6.2 These standard trading conditions contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties. 188.8.131.52 Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
7. Goods and Services Tax
Goods and Services Tax (GST) will be shown separately in the account for the sale of the Goods and the provision for service. The amount of GST payable in respect of the supply of the Goods is payable by the Customer. The Customer must indemnify RBC Waterproofing in respect of GST paid and payable by RBC Waterproofing in respect of the supply of the product and of the service.
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