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Terms and Conditions of trade
1. These terms shall prevail over any terms or conditions stipulated or referred to buy a customer in any order or in any negotiations preceding the placing of an order.
2. No variation of lease terms of sale shall be of any force or effect unless such variations is reduced to writing and signed by a duly authorised representative of AGS.
3. Any time or date for delivery specified by AGS in respect of any sale shall be approximate only. AGS shall not be liable for any damages, loss of profits or loss of contract sustained or suffered as a result of any delay in delivery.
4. Accounts for goods purchased are payable strictly on statement date otherwise payment is required with order, or C.O.D. by arrangement.
5. GST will be charged on all products.
6. All orders totalling less than $100 before GST will be subject to an invoice/handling surcharge of two dollars in addition to any freight charge.
7. Claims and returns.
- Do not return goods for credit without making prior arrangements with our office for authorisation.
- Do not ask the carrier to take back goods. They will only accept goods when they have been instructed by us.
- All returns must be accompanied by a written request from credit, quoting our invoice number, and delivery docket number if applicable.
- Claims must be made within seven days from the date of receipt of goods.
- All returns for claims must be sent and freight prepaid.
- Special design custom-made products are firm orders that cannot be returned or credited. Should an order be canceled by customer after materials have been purchased by AGS then equivilent funds will be withheld from any monies deposited for such order or at the descretion of AGS.
- Goods proven to be faulty, returnable for full replacement or credit to the value of the goods returned only, with the exception of pool cues.
8. Should the whole or any portion of any amount owing by the customer to AGS not be paid on the due date, the customer shall pay interest on such amount at the rate prescribed in the penalty interest rates act 1983 reckoned from the date on which such amount was due on the date of actual payment.
If AGS engages the services of a solicitor to collect the whole or any portion of such amount the customer shall pay all cost occasioned of the scale as between solicitor and own client.
9.1 All goods delivered to the customer shall remain the property of AGS until all sums due from the customer to AGS under this or any other contract or orders have been paid in full and prior to such payment in full, the customer shall hold all goods as Bailee of AGS and shall if required by AGS store all such goods in a manner clearly shows the ownership of AGS of such goods.
9.2 Notwithstanding that any goods may not have been paid for in full the customer as bailee for AGS, and not otherwise shall have the power and right to sell such goods, and all proceeds of any such sale shall be retained by the customer sufficient to pay to AGS all amounts then outstanding by the customer, whether on account of this or any other contract. Where the customer is not paid upon sale of goods to a third party, the customer agrees at the option of AGS to assign his claim against that third party to AGS upon AGS giving to the customer notice in writing to that effect. For the purpose of giving effect to and perfecting the agreement specified in this clause hereof of the customer irrevocable appoints AGS as his attorney and agent.
10. Notwithstanding the aforegoing conditions here in contained the risk in the goods shall pass to the customer upon dispatched delivery.
11. Should the customer have any claim or incorrect delivery by AGS the customer shall be obliged to notify AGS of such claim within three business days of delivery having been effected failing which any such claim will lapse.
12. If the customer makes default in payment for goods supplied or commits an act of bankruptcy or being a company passes a resolution for winding up, except for the purposes of reconstruction or a court makes an order to that affect AGS May ( Without prejudice to any of its other rights ) resell the good supplied and use the proceeds thereof to pay any amount owing by the customer to AGS.
13. The customer acknowledges that he has examined the goods or a fair sample of the goods preparatory to this sale and acknowledges that the goods are free of defect and will be suitable for any purposes for which they are sold. The customer indemnifies AGS against any claim for damages suffered by any person as a result of the use of the goods.
14. All prices subject at change without prior notice.
15. All prices are quoted in Australian dollars, and include GST.
16. Due to foreign exchange fluctuations, the prices of imported items may vary from time to time. AGS will be pleased to confirm their current prices, prior to dispatch.
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