Johns Pty. Ltd. trading as Summer Signs shall only supply goods to you on the following
conditions unless we agree, in writing, to vary these
terms and conditions.
All Custom orders require a 50% non-refundable deposit
prior to commencement of the order.
1.1 All invoices are due and payable upon completion of
1.2 Should you fail to pay your invoices by the due date then:
(a) We may charge interest on any overdue invoice
at the rate of 2% above Westpac base rate calculated
and payable daily, compounded from the due date
until the invoice is paid in full;
(b) You shall pay all our costs and expenses (including
legal costs determined as between solicitor/own
client and mercantile agents fees) which may be
incurred in the recovery or attempted recovery of
the overdue amounts from you.
2. Prices and Delivery
2.1 Our prices are subject to change without notice.
2.2 You will be invoiced for goods at prices current
at the date of dispatch.
2.3 All GST on the goods is payable by you.
2.4 Whilst we shall use all responsible endeavours
to comply with your particular delivery requirements
and order specifications, you will not be entitled
to cancel the whole or part of your order to claim
compensation by reason of our failure to comply with
your delivery requirements or minor variations to
the goods as a result of changes to the manufacturing
processes or specifications.
3. Reservation of Title
3.1 You acknowledge that the ownership of goods
delivered by us to you (“the goods”) is
only transferred to you when you have paid all sums
owing to us on any account whatsoever and until such
time we have the right to call for or recover the
goods at our option (for which purpose our employees
or agents may enter your premises) and you are obliged
to deliver up the goods if so directed by us.
3.2 You agree to keep the goods in a fiduciary capacity
for us until such time as ownership is transferred
3.3 Notwithstanding the foregoing, you may sell the
goods to a third party in the ordinary course of business.
4.1 Notwithstanding the provisions of Clause 3 you
accept all risk of loss and damage to the goods, whether
caused by you or not, following delivery of the goods.
5. Cancellation of order/Return of goods
5.1 It must be understood that goods supplied to
firm orders cannot be returned for credit unless authorised
by the Company in writing.
Cancellation of an order without such cause as is
deemed justifiable by the Company in its sole discretion
will give the Company the right to charge 20% of the
value of the goods by way of a cancellation charge.
Carriage charges on goods returned to the Company
by the Buyer will not be accepted by the Company unless
returns are authorised by the Company in writing and
are returned by our nominated courier at normal rates.
6. Withholding Supply
6.1 We reserve the right, irrespective of whether
or not an order has been accepted and without notice
to you, to withhold supply to you and we will not
be liable for loss or damage resulting directly or
indirectly from such action where:
(a) We have insufficient goods to fulfill the
(b) The goods ordered have been discontinued; or
(c) We have determined, in our absolute discretion,
that credit should no longer be extended to you.
7. Minimum Orders
7.1 We reserve the right to specify the minimum
order value, which we shall accept from time to time,
and to impose a surcharge should you require delivery
of goods having a value less than the minimum order
8. Limitation of Liability
8.1 We exclude all statutory or implied conditions
and warranties to the extent permitted by law.
8.2 To the extent permitted by law, we limit our liability
under any condition or warranty, which cannot legally
be excluded to:
(a) The replacement of the goods or the supply
of equivalent goods;
(b) The repair of the goods;
(c) The payment of costs of replacing the goods
of acquiring equivalent goods; or
(d) The payment of the cost of having the goods
9. Governing Law
9.1 The Law of the State of New South Wales governs
9.2 You agree with us to submit to the non-exclusive
jurisdiction of the Courts of New South Wales and
the Federal Court of Australia and agree that any
legal proceedings may be heard in these Courts.
10.1 Any claims by you for short delivery must be
made within 7 days of the delivery.
10.2 Any other claims for adjustment to any invoice
for any reason whatsoever must be made in writing
within 14 days of delivery.
11. Clerical Errors
11.1 We reserve the right to correct clerical errors
12.1 Failure by the Company to insist on immediate
payment of any amounts due and payable shall not constitute
waiver of the Company’s rights unless in writing
nor shall it affect the obligation of the Customer
to make any further payments as and when they fall