The following terms and conditions apply to the purchase and/or delivery of the goods between Bhanwra Electricals and the supplier of the Goods as set out on the attached ticket.
- RISK AND TITLE: Upon Bhanwra Electricals taking possession of the Goods, title to and risk in the Goods will pass to Bhanwra Electricals.
- PURCHASE PRICE: The purchase price for the Goods will be as agreed between the parties and in the absence of any such agreement, will be the market price for the Goods as determined by Bhanwra Electricals at its sole discretion.
- CONDITION OF GOODS: The Supplier warrants that the Goods are of merchantable quality, free from defects, fit for purpose and in accordance with any specifications agreed to between Bhanwra Electricals and the Supplier. The Supplier further warrants that the Goods are free from any security interests (as that term defined in the Personal Property Securities Act 2009 (Cth).
- PAYMENT TERMS: Subject to point 5. below or as otherwise addressed in a specific supply agreement between Bhanwra Electricals and Supplier, where the Supplier elects to invoice Bhanwra Electricals for the Goods supplied, Bhanwra Electricals will make payment within 28 days from the date Bhanwra Electricals receives a valid tax invoice from the Supplier with respect to the Goods supplied to Bhanwra Electricals. The Supplier acknowledges and agrees that it is the Supplier’s obligation to issue a valid tax invoice to Bhanwra Electricals and that invoices must be submitted promptly by the Supplier after delivery of the Goods.
- Where a valid Recipient Created Tax Invoice (“RCTI”) agreement exists between the parties, and the Supplier elects for Bhanwra Electricals to issue an RCTI for the Goods supplied to Bhanwra Electricals, Bhanwra Electricals will issue the RCTI and make payment within 28 days from the date Bhanwra Electricals receives the Goods from the Supplier.
- In all other cases, payment will be made by Bhanwra Electricals within 28 days of presentation by the Supplier of proof of delivery of the Goods to Bhanwra Electricals.
- Where an amount is payable by the Supplier to Bhanwra Electricals, payment of that amount will be made by the Supplier to Bhanwra Electricals within 7 days of delivery of the Goods to Bhanwra Electricals, unless otherwise agreed by Bhanwra Electricals in writing.
- OBLIGATION TO PROVIDE INVOICE AND SUPPORTING DOCUMENTS: Where the Supplier is required to issue a tax invoice or provide proof of delivery to Bhanwra Electricals for payment and the Supplier fails to do so within 12 months of the date of delivery, the Supplier acknowledges and agrees the following:
(a) Bhanwra Electricals is under no obligation to accept the tax invoice for the Goods or part thereof;
(b) Bhanwra Electricals is under no obligation to make payment for the supply of the Goods or part thereof; and
(c) Any payment made by Bhanwra Electricals will be at its sole discretion.
The Supplier acknowledges and agrees that the terms and conditions of payment as set out in clauses 4, 5, 6 and 7 are reasonable and necessary for the protection of the legitimate interests of Bhanwra Electricals and do not constitute a penalty.
- INSPECTION: Upon delivery, Bhanwra Electricals will have the right to inspect the Goods. If Bhanwra Electricals determines, acting reasonably, that the Goods have not been supplied in accordance with these terms, or as agreed between the parties, then Bhanwra Electricals may give notice to the Supplier that it has rejected the Goods and the Supplier must immediately, at its cost, arrange for the collection of the Goods.
- INDEMNITY: The Supplier indemnifies Bhanwra Electricals against any liability, loss, cost or damage suffered or incurred by Bhanwra Electricals as a result of the Supplier’s failure to adhere to these terms and any other agreement in relation to the supply of the Goods.
- MICELLANEOUS: These terms may be varied by Bhanwra Electricals without notice.
- These terms are governed by the laws of the state or territory where the contract for the supply of the Goods between the Supplier and Bhanwra Electricals is formed, and the Supplier irrevocably submits to the nonexclusive jurisdiction of the courts of that state or territory.
- The failure of Bhanwra Electricals to enforce any of the terms of any time or for any period of the time does not affect its rights to later enforce the same.
- Any provision of these terms which is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability and may be severed from the terms. This will not invalidate the balance of the terms nor affect the validity or enforceability of the provision in any other jurisdiction