© Copyright Intex International
This publication is copyright and therefore covered by copyright laws. Other than for the purposes of and subject to the conditions prescribed under the copyright act, no part of it may in any form or by any means be reproduced, including information storage or stored in a retrieval system or transmitted or by making available online without prior written permission of Intex International. Intex International will not hesitate to take appropriate legal action to protect their rights and against any infringements of this copyright.
While every effort has been made to ensure the accuracy of the information herein, Intex International accepts no liability for any loss or damage, either directly or consequential, arising out of, or in relation to, the use or application of the said information or products referred to herein. All information and specifications are subject to change without any prior notice. All prices quoted exclude GST and delivery. Photographs are for illustrative purposes only and may vary from products depicted. Information correct at time of publication. E.&O.E. Brand and product names are trademarks or registered trademarks of their respective holders.
CONDITIONS OF SALE
Goods supplied by Intex International PTY LTD ABN 95 919 466 212 (Trading and referred to hereafter as Intex International) are supplied upon the following terms and conditions and not
otherwise and Intex International expressly rejects any conditional sales order placed by the purchaser.
- A contract is formed when Intex International has received an order and either send the purchaser a written acceptance or dispatches goods pursuant to the order.
- The price is that quoted by Intex International in respect of the particular order and not in any brochure or other product information published. Prices are ex-warehouse and are subject to GST where applicable. The purchaser shall arrange to bear the cost of delivery, freight and insurance unless otherwise negotiated by Intex International.
- Despatch dates will be observed subject to Intex International ability to affect transport by available means.
- No claims in reference to items covered by the invoice will be recognized unless made within 7 days of delivery. Invoice number and date must be quoted with all claims.
- Payment is to be made within 30 days following the month in which the invoice is rendered and if not paid as aforesaid Intex International may charge interest of 2.5% per month applicable to it commencing at the date of invoice. If it becomes necessary to use the service of a debt collection agency or to institute legal proceedings to recover unpaid debts to Intex International all discounts showing on unpaid invoices become null and void and the total list price showing becomes payable.
- The purchaser is liable for all costs and expenses of any nature whatsoever that are incurred by reason of the purchaser failing to make payment of an account by the due date for payment. This is not restricted to but includes debt collection commission and any other contingent expenses and legal costs incurred by Intex International for the enforcement of obligations and recovery of monies due from the purchaser to Intex International.
- Unless prevented by statute all implied terms, conditions and warranties are excluded. Intex International guarantees that the products will be free of defects but is not responsible for the use or misuse of the goods or the installations thereof by the purchaser or third party. The purchaser’s remedy for any breach of condition warranty or condition of goods shall be limited at the discretion of Intex International to the replacement of the goods and shall not include any consequential loss or damages in the event of any defect in or failure of goods.
- All goods are supplied subject to retention of title. The goods remain the property of Group until complete payment of all claims due to Intex International arising from all business transactions between Intex International and the purchaser. Prior to use or resale of goods, the purchaser shall maintain them in an identifiable condition in store or on site. The purchaser may resell the goods in the ordinary course of business subject to maintaining Intex International rights against the goods and acting as fiduciary in recovering payment of the goods and segregating such proceeds for the account of Intex International until Intex International is paid in full. The purchaser assigns to Intex International any claims or rights against sub-purchasers in order to enable Intex International to make a full recovery of monies owed to it in respect of the goods. In the event of failure of the purchaser to pay for the goods or in the event of the appointment of a receiver and manager, liquidator, agent in possession or execution of distress Intex International may enter the purchaser’s premises or elsewhere where the goods are stored or installed and recover them or to appoint an agent in writing to do so and the purchaser acknowledges and guarantees such right of entry during normal business hours.
- The Purchaser acknowledges that the retention of title is a security interest as defined in the Personal Property Securities Act 2009. (PPSA). The customer undertakes to promptly sign any necessary document and provide any further information that may be reasonably required to register the Security Interest on the Personal Property Securities Register. The customer agrees that Sections 96, 115, and 125 of the PPSA do not apply to the Security Interest created by these terms and conditions.
- All monies clause. In the event of the customer defaulting in any of the terms of this agreement including the payment of all monies due under this agreement, then Intex International shall have the right (without giving notice) to take possession of any Intex International goods supplied to the customer, and the customer hereby authorizes and allows Intex International or its representative, servant, agent, or employee to enter the premises upon which the goods are housed or stored for the purpose of retaking possession of same, and Intex International shall not be liable for any costs, loses, damages or any other monies or losses suffered by the customer as a result of Intex International retaking possession of the goods. If the purchaser defaults in payment of any amount owed to Intex International , the purchaser specifically authorises Intex International to lodge a Caveat against any dealings with any such property and I/we declare that the proper law of this guarantee shall be the law of the State of Victoria and that any proceedings taken by Intex International may be taken in the Courts of the State of Victoria.
- The customer hereby acknowledges and agrees that the supplier has a Lien overall goods in its possession belonging to the customer to secure payment of any or all amounts outstanding from time to time. The customer hereby charges all property both equitable and legal of the customer in respect of any monies that may be hereinafter owing to the supplier under this contract by the customer or otherwise and hereby authorises Intex International to register a Caveat over any real property owned by the customer at any time, or to register this charge over assets of the customer with the Australian Securities Commission
- Sales are governed by the law of Victoria. All disputes arising hereunder will be dealt with in the courts of Victoria and courts hearing appeals therefrom.
- Intex International does not waive any of its strict legal rights in respect of these conditions or the goods and shall not be bound by any waiver made by its servants and agents on a particular occasion.
- The purchaser hereby releases, indemnifies and defends Intex International from and against any losses, liabilities, claims, suits and costs caused by or arising out of the way in which the goods are packaged if the goods and any packages or containers in which they are contained are made in compliance with the purchaser’s design or specification.
- Intex International will not be responsible for any delay in or failure of performance of supply or delivery of goods caused by circumstances beyond its control including, but not limited to, strikes, lock-outs, labour disturbances, Act of Government, riot, civil war, commotion, fire, flood, failure of power supply or similar event and shall not be liable for any consequential loss, damage, expense or claim suffered by the purchaser or any other party as a result of any such event.
- Intex International may in its absolute discretion accept the return of standard products (but not special products) to credit of the purchaser provided that such products are returned to its warehouse unused, undamaged and in unmarked original packaging before the expiry of 60 days after their delivery to the purchaser and the purchaser agrees to pay a handling and administration charge equal to 15% of the price. No returns of special products will be accepted. No goods will be accepted without a Goods Return Authority Number from this company. Invoice number and dates must accompany all claims.
- Invoices of all products (excluding spare parts) with a before GST value of less than $75.00 will be invoiced at full list price with discounts being null and void.
- Goods not supplied on the original order will be back ordered and held at the discretion of Intex International unless advised otherwise and will be forwarded when stock is available or when next order is placed.
- Goods supplied in quantities less than the advertised and specified pack sizes or in broken packs will be subject to a surcharge of 10% at the discretion of Intex International
- These conditions will not be varied unless Intex International agrees in writing.