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BALLARAT MATERIALS HANDLING EQUIPMENT

Terms of Trade

Ballarat Materials Handling Equipment

Invoices must be Prepaid unless prior agreement is made, in which case the payment terms will be listed on the invoice
10% GST applies to all sales within Australia, with the exception of some medical equipment.
Prices quoted on this website include GST
Customers with invoices outstanding outside of the agreed terms will have their credit placed on hold
Overdue accounts will be charged daily interest at our current overdraft rate plus an administration fee of $27.50 inc GST per month
Should legal action be required to recover any outstanding amount on an account, all costs for action taken by our legal representative will be charged to the customers account and become immediately due and payable as part of the account

For the avoidance of doubt, no terms or conditions of the Customer, including any terms or conditions printed on or referred to in a Customer’s offer to purchase or order will be binding on BMHE or have any legal effect unless expressly agreed to in writing by BMHE.

 
TITLE: 
 

Title to the goods shall not pass to the purchaser until all monies owing by the purchaser to BMHE in respect to those goods have been paid, and accordingly any sale of those goods by the purchaser will be made by the purchaser as  agents for BMHE and the sale proceeds will be held in trust for BMHE as its property.

In the event of a default BMHE or its representative will be entitled, without the necessity of giving any notice, to enter premises occupied by the Customer to search for and remove any of those Products Supplied without in any way being liable to the Customer, and may dispose of or retain such Products as BMHE sees fit without being required to give notice or account to the Customer.  If the Products are wholly or partially attached to or incorporated in any other product, BMHE may disconnect them in any way necessary to remove the Products

This clause creates a purchase money security interest in the Products, any goods in which the Products are used as a component, and all proceeds from their respective resale by Customer. The security interest is granted to secure Customer’s proper performance of the Agreement, and comes into effect when the Customer takes possession of the Products.

For the avoidance of doubt the Customer acknowledges and agrees that it grants to BMHE a security interest in all goods supplied by BMHE to the Customer whether now or in the future, and in any proceeds from the sale of those goods

The parties agree that pursuant to sections 115(1) and 115(7) of the PPSA the following sections of the PPSA will not apply to these Terms and any related Contract (to the extent permitted by law): Sections 95, 96, 117, 118, 121(4) 125, 127 129, 130, 132, 134(2) 135, 136(3), 136(4), 136(5), 137, 142 and 143.

 

 

 
CLAIMS & RETURNS:
 
BMHE will not accept the return of any goods unless the return has been authorised by BMHE in writing.
The buyer must inspect the goods immediately upon delivery and must within seven days of receipt of the goods, give written notice to the seller with particulars of any claim that the goods are not in accordance with the contract. If the buyer fails to give that notice, then to the extent permitted by law the goods are deemed to have been accepted by the buyer and the buyer must pay for the goods in accordance with the provisions of these terms and conditions.

Non-standard or custom made items that are made to order are not returnable and must be paid for at the time of ordering
 
Standard stocked products supplied in accordance with a purchase order and returned for credit will be subject to a 20% restocking fee.
Used goods or goods damaged in transit will not be accepted for credit
Any goods returned for credit must be returned in the original packing, in an as new saleable condition