Delivering reliable service in quarry products and bulk transport...
Credit Terms & Conditions
“Additional Charges” includes all handling and storage charges, waiting time if any, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the purchase price, payable by the Customer to Camsons arising out of the sale of the Goods or the provision of the Services.
“Camsons” means Camsons Pty Limited, as trustees for the Sultana Trust ABN 27 828 824 886.
“Customer” means the person to or for whom the Goods are to be supplied or the Services are to be performed by or on behalf of Camsons.
“Delivery” is deemed to take place at the time of physical taking of the Goods by the Customer or its representative or by a carrier for transportation to, for or on behalf of the Customer whether engaged by Camsons or the Customer. In the case of provision of Services, Delivery is deemed to have taken place upon provision of the Services.
“Goods” means the goods sold to the Customer by Camsons or on the account of Camsons.
“Purchase Price” means the price for the Goods or Services including delivery charges if any, as charged by Camsons at the date of the Delivery or such other price as may be agreed by Camsons and the Customer prior to delivery of the Goods or provision of the Services.
“Services” means the cartage, whether of Goods or of other material if any or the cartage and disposal of material by Camsons.
2. Order for Goods and/or Services
2.1 An order given to Camsons shall be binding on Camsons and the Customer, if
2.1.1 a written acceptance is signed for or on behalf of Camsons; or
2.1.2 the Goods and/or Services are supplied by Camsons in accordance with the Order.
2.2 An acceptance of the order by Camsons is then to be an acceptance of these conditions of sale by Camsons and the Customer and these conditions of sale will override any conditions contained in the Customer’s order. Camsons reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Goods or providing the Services to the Customer. No order shall be binding on Camsons until accepted by it.
2.3 An order which has been accepted in whole or in part by Camsons cannot be cancelled by the Customer without obtaining the prior written approval of Camsons, which it may refuse in its absolute discretion.
3.1 Certain laws imply terms, conditions and warranties (“Prescribed Terms”) into contracts for the supply of goods and prohibit the exclusion, restriction or modification of such terms, conditions and warranties. The liability of Camsons in respect of a breach of a Prescribed Term is limited at the option of Camsons to the replacement or re-provision of the Goods or Services or the payment of the cost of replacing the Goods or Services or refund of the purchase price paid by the Customer.
3.2 Any claims to be made against Camsons for short delivery of Goods or incomplete provision of Services must be lodged with Camsons in writing within 7 days of the date of Delivery.
3.3 Unless the terms and warranties are included in these standard terms and conditions, all prior discussions, quotations, warranties and implied terms and warranties, to the extent permitted by law, are excluded.
4.1 The times quoted for delivery are estimates only and Camsons accepts no liability for failure or delay in delivery of Goods or provision of Services. The Customer is not relieved of any obligation to accept or pay for Goods or Services by reason of any delay in delivery. Goods may be delivered by instalments at the discretion of Camsons.
4.2 Risk in the Goods passes on Delivery to the Customer.
Return of Goods will not be accepted by Camsons except after agreement in writing with Camsons as to the basis, if any, upon which those Goods will be accepted by Camsons.
5. Price and Payment
5.1 Unless otherwise expressly agreed in writing, the price of the Goods or Services shall be that price charged by Camsons at the date of Delivery plus any Additional charges.
5.2 If the Customer is in default, Camsons may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
5.3 All payments are due within 30 days of the date of invoice. Interest is charged at the rate of 1.5% per month from the expiry of that period until the date payment is received by Camsons.
6. Retention of Title
6.1 Ownership, title and property of the Goods remains with Camsons until payment in full for the Goods and all sums due and owing by the Customer to Camsons on any account has been made. Until the date of payment:
6.1.1 the Customer has the right to sell the Goods in the ordinary course of business;
6.1.2 until the Goods have been sold by the Customer in the ordinary course of the Customer’s business, the Customer holds the Goods as bailee for Camsons;
6.1.3 the Goods are always at the risk of the Customer;
6.1.4 the Customer is be deemed to be in default immediately upon the happening of any of the following events:
(a) if any payment to Camsons is not made promptly on the due date for payment;
(b) if the Customer is a company and:
(i) an application is made or a resolution is passed for its winding up;
(ii) a receiver is appointed or a provisional liquidator or official manager is appointed;
(iii) it calls a meeting of its creditors pursuant to Section 436A of the Corporations Act; or
(iv) it proposes to enter into a deed or scheme of arrangement with its creditors;
(c) if the Customer is an individual and enters into a deed or scheme of arrangement with his or her creditors;
(d) if execution of an amount exceeding $1,000.00 is entered against the Customer;
(e) if the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Customer payable to Camsons shall be dishonoured;
(f) if the Customer is in default under any of its obligations to Camsons.
6.2 In the event of a default by the Customer, then without prejudices to any other rights which Camsons may have at law or hereunder:
6.2.1 Camsons or its agents may without notice to the Customer enter the Customer’s premises for the purposes of recovering the Goods.
6.2.2 Camsons may recover and resell the Goods;
6.2.3 If the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Camsons may in its absolute discretion seize all Goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Camsons and the Customer may be ascertained. Camsons shall promptly return to the Customer any Goods the property of the Customer and Camsons shall be in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the Goods.
6.2.4 In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for Camsons. Such part will be an amount equal in dollar terms to the amount owing by the Customer to Camsons at the time of the receipt of such proceeds. The Customer will pay Camsons such funds held in trust upon the demand by Camsons.
7. Personal Properties Securities Act (“PPSA”)
7.1 Defined terms in this clause have the same meaning as given to them in the PPSA unless otherwise defined in these terms and conditions. 7.2 Camsons and Customer acknowledge that these terms and conditions constitute a Security Agreement and gives rise to a Purchase Money Security Interest (“PMSI”) in favour of Camsons over the Goods supplied or to be supplied to the Customer as Grantor pursuant to the terms and conditions.
7.3 The Goods supplied or to be supplied under these terms and conditions fall within the PPSA classification of ”Other Goods” or “Motor Vehicles” acquired by the Customer pursuant to these terms and conditions.
7.4 Camsons and the Customer acknowledge that Camsons, as Secured Party, is entitled to register its interest in the Goods supplied or to be supplied to the Customer as Grantor under the terms and conditions on the PPSA Register as Collateral.
7.5 To the extent permissible at law, the Customer:
7.5.1 waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer, as Grantor, to Camsons.
7.5.2 agrees to indemnify Camsons on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the;
(a) registration or amendment or discharge of any Financing Statement registered by or on behalf of Camsons; and
(b) enforcement or attempted enforcement of any Security Interest granted to Camsons by the Customer.
7.5.3 agrees that nothing in sections 130 to 143 of the PPSA will apply to the terms and conditions or the Security under the terms and conditions;
7.5.4 agrees to waive its right to do any of the following under the PPSA:
(a) receive notice of removal of an Accession under section 95;
(b) receive notice of an intention to seize Collateral under section 123;
(c) object to the purchase of the Collateral by the Secured Party under section 129;
(d) receive notice of disposal of Collateral under section 130;
(e) receive a Statement of Account if there is no disposal under section 132(4);
(f) receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
(g) receive notice of retention of Collateral under section 135;
(h) redeem the Collateral under section 142; and
(i) reinstate the Security Agreement under section 143.
8. Goods and Services Tax
Goods and Services Tax (GST) will be shown separately in the Tax Invoice for the sale of the Goods and the provision of the Services. The amount of GST payable in respect of the supply of the Goods or Services is payable by the Customer. The Customer must indemnify Camsons in respect of GST paid and payable by Camsons in respect of the supply of the Goods and of the Services.
9.1 These terms and conditions are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia.
9.2 These standard trading conditions contain all of the terms and conditions of the contract between the parties
Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.