Trading Name: JP Laser
Registered Business Name: P & J McCormack & Sons Pty Ltd
ABN Number: 46 106 284 548
ACN Number: 106 284 548
I. Payment: The customer must pay for all Products supplied by JP Laser within 30 days net from EoM of the date on which the products were invoiced by Jp Laser ('Due Date').
2. Stop Supply: JP Laser will place any Customer on stop supply if any account has not been paid by the 45th day. Any Customer that has been on stop supply 3 times will have their account closed and then they will be on a C.O.D. basis.
3. GST: Each amount payable by the Customer under these Terms in respect of a Taxable Supply by JP Laser is a GST exclusive amount and the Customer must, in addition to that amount and at the same time, pay the GST payable in respect of that supply. ln this clause ,Taxable Supply and GST have the meanings set out in the A New Tax System (Goods and Services) Act 1999.
4. Canceled Orders: Canceled or suspension for thirty (30) days of any order will entitle JP Laser to payment in full for the portion of the work completed.
5. Variation of Order: Any variation of an order by a customer that results in a variation of cost shall be to the Customer's account.
6. Liability: To the extent permitted by law, JP Laser shall not be liable to the Customer for any direct or indirect loss or damage of any nature, howsoever caused- JP Laser will only be liable for replacement or repair of the goods, or the supply of an equivalent Products. ln any event, JP Laser shall not recognise any claims unless it is in writing and is received by JP Laser within five (5) days of the date of delivery.
(a) Property in the Products does not pass until the Customer has paid all monies owing to Jp Laser in full.
(b) Until payment of all monies owed by the Customer to JP Laser, the Customer holds the Products as fiduciary bailee and agent for Jp Laser and must keep the Products physically separate from all other Products of the Customer and clearly identified as owned by JP Laser.
(c) lf an Event of Default occurs, then without prejudice to JP Laser's other rights, JP Laser may without notice to the customer enter any premises occupied by the customer or any other place where the products may be and recover possession of them. If the Customer sells any of the products while money is owed to JP Laser, the Customer must keep the proceeds of the sale in a separate account and not mix them with any other funds.
(d) lf the Customer uses the Products in some manufacturing or construction process of its own or of some third party, then the Customer shall hold such part of the proceeds of such manufacturing or construction process as relates to the Products on trust for JP Laser. Such' part shall be deemed to equal on dollar terms the amount owing by the Customer to JP Laser and at the time of payment of such proceeds, the Customers obligation to pay the amount owed for such
Products will be discharged.
(e) lf the Products are resold, or Products using or reselling the Products are manufactured and resold by the Customer, the Customer holds all of the book debts owed in respect of such sales and proceeds of such sales on trust for JP Laser, Such part of the book debts and proceeds shall be deemed to equal in dollar terms the amount owed by the Customer to JP Laser at the time of the receipt of such book debts.
8. Delivery: JP Laser shall not be liable for any loss arising are a result or consequence of a delay in delivery. The Customer shall not be relieved of the obligation to pay JP Laser in the event of delay in delivery. All risk of the Products passes to the customer upon delivery. Collection of the product by the Customer shall be deemed to be delivered.
9. Acceptance of Products: The Customer is deemed to have accepted the Products as in accordance with an order unless it notifies Jp Laser to the contrary within 5 days of receipt of the Products. Products may only be returned to JP Laser within five (5) days of the date of the delivery docket for those products upon presentation of the delivery docket
l0. Event of Default: lf an Event of Default occurs JP Laser may, without prejudice to its other rights, call up monies owed to it by the Customer, retain all monies paid on account, or cease further deliveries and recover from the Customer all loss of profits arising there from, and/or take immediate possession of any Products not paid for.
11. Suspension or Ceasing Supply: JP Laser reserves the right at any time to cease or suspend supply of products to the customer and to vary or withdraw any credit granted to the Customer.
12. Notification of change of Details: where any change takes places in the customer's trading structure or management, including any change of director, shareholder or any change in partnership or trusteeship notwithstanding any advice by the Customer to Jp Laser, the Customer shall not continue to operate its credit account without JP Laser's prior written consent and the Customer shall remain liable for all amounts owed to Jp Laser until the whole amount has been paid in full to JP Laser.
13. Variation of Terms: JP Laser has the right to vary these Terms at any time by notice to the Customer and thereafter the varied Terms are binding on the Customer.
14. Effect of other Terms: These Terms are in no way affected by any other express or implied terms contained in any terms of sale issued by the customer in relation to the sale of the Products. No terms of the Customer apply to any agreement between the Customer and JP Laser.
15. Waiver: These terms shall govern any contract between JP Laser and the Customer unless expressly waived or varied in writing. Failure or delay on the part of JP Laser to exercise any power, right or remedy under these Terms shall not be deemed to operate as a waiver.
16. Expenses: The Customer must pay to JP Laser all costs, charges and expenses (including all stamp duty, bank charges and legal fees on an indemnity basis) incurred by JP Laser in connection with entry into these Terms, the exercise or attempted exercise' of any power, right or remedy under these Terms, and the failure of the Customer to comply with these Terms.
17. Trusts: These Terms bind the customer both personally and as trustee of any trusts of which the Customer is trustee.
18. Severance: Each clause and sub-clause of these Terms are separate and independent. lf any clause or sub-clause is found to be invalid or ineffective, the other clauses or subclauses will not be adversely affected.
19. Transfer of rights: JP Laser can transfer its rights under these terms to someone else without notice to the Customer. lf JP Laser does so these terms will apply to the transferee as if it were JP Laser. lf JP Laser wants to transfer its rights it can give the proposed transferee all information that privacy legislation allows it to give.
20. Application of Laws: The governing law of these Terms shall be the law of Victoria Australia.
21 Definitions: ln these Terms unless the context requires otherwise: (a) "customer" means each and every person or corporation to whom JP Laser supplies Products; (b) 'Event of Default" means any of the following events: (i) the Customer fails to pay for the products; (ii) the customer is in breach of these Terms; (iii) if the customer is a company: an order is made or a resolution is effectively passed for winding up of the customer; the customer resolves to appoint a receiver or provisional liquidator or an administrator, or a receiver or provisional liquidator or an administrator is appointed; the customer goes into liquidation or makes an assignment or an arrangement or composition with its creditors; the customer stops payment or ii deemed unable to pay-its debts within the meaning of the Corporations Act 2001; if the customer is a natural person, an order is made for the bankruptcy, or the customer dies or becomes mentally or physically incapable of managing his or her affairs or an order is applied for or made to place the assets and affairs of the customer under administration; the customer ceases or threatens to cease carrying on business; (c) "GST' means any tax that is payable under the GST law and (d) "officer" means each director, secretary, manager and authorised representative of JP Laser (e) "Products' means all goods supplied by Jp Laser to the Customer; (f) "Taxable supply" has the meaning set out in A new Tax system ( Goods and services) Act 1999 (g) Terms, means these General credit Terms and Conditions.
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