Alfred 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.

1. Payment

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 order. (C.O.D.)
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 to you.
3.3 Notwithstanding the foregoing, you may sell the goods to a third party in the ordinary course of business.

4. Risk

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 order;
(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 value.

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 repaired.

9. Governing Law

9.1 The Law of the State of New South Wales governs our trading.
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. Claims

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 without notification.

12. Waiver

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 due.