Terms of Trade

DEFINITIONS
Where herein used, the words “Rapid Supply” mean Rapid Supply Pty Ltd (Supplier) and the word “Purchaser” means the person, Corporation, Trustee, Partnership, or Sole trader whose name and address appears on such documents (e.g. invoices) to which these terms and conditions of sale are expressly related.

TERMS
Payments for all goods are to be strictly made net thirty (30) days unless the Supplier has made an agreement with the Purchaser in writing to alter the payment terms. The Supplier, at its absolute discretion, can alter the terms of trade. The Purchaser will have fourteen (14) days to agree to the altered terms of trade from receipt of the written notice that the variations are not agreed to. The Supplier will have the right to suspend or withdraw credit facilities. The Supplier reserves the right to withdraw credit at any time upon the provision of forty-eight (48) hours’ written notice. Upon cancellation, all liabilities incurred by the Purchaser become due and payable to the Supplier within seven (7) days.

FAILURE TO PAY
Should the Purchaser not pay for goods within the credit terms provided or as agreed with the Supplier, a three (3) per cent per month charge will be incurred for the account being outstanding beyond the Supplier’s trading terms. The Purchaser will be liable for any and all charges incurred by the Supplier if the matter is referred to Debt Collection services.

PRICES
Prices set out and referred to in this reseller’s price list/s are recommended prices only, and there is no obligation to comply with the recommendations. All prices are subject to alteration without notice.

QUOTATIONS AND TENDERS
Unless otherwise stated or agreed, quotations and/or tenders are valid for a period of thirty (30) days from the date of the issue of the quotation or tender. Placement or acceptance of an order, either in writing or verbally, will construe the acceptance of the Supplier’s offer and the terms and conditions herewith.

RESTOCKING CHARGE
Subject to prior agreement with Rapid Supply, any goods returned for credit must be in the original condition in which the goods were purchased. Any restocking fees, handling charges, or freight costs imposed on us by our suppliers will be passed on to the Purchaser. These charges will be deducted from any applicable credit or refund, or invoiced separately where required. The Purchaser acknowledges that supplier-imposed fees vary depending on the product and supplier, and agrees to be responsible for all such costs associated with their return request.

GOODS AND SERVICES TAX
All prices quoted are exclusive of GOODS AND SERVICES TAX (GST). The Purchaser must pay GST on any taxable supply made by the Supplier to the Purchaser. The GST is in addition to any consideration payable by the Purchaser to complete a taxable supply.

TITLE TO GOODS
Title to all goods sold by the Supplier to the Purchaser will only pass when payment has been received in full for such goods. Pending the receipt of such payment, the proceeds of the sale of the goods by the Purchaser shall be deemed to be held in trust by the Purchaser for the Supplier, and the Supplier retains the legal and equitable right in those goods supplied but not yet sold. At all times, the Supplier shall be entitled to recover from the Purchaser the value of the goods as a liquidated sum. The Supplier has the right, with prior notice to the Purchaser, to enter upon any premises occupied by the Purchaser to inspect the goods of the Supplier and to repossess the goods which may be in the Purchaser’s possession when payment is overdue.

FUTURE DEALING
Unless otherwise agreed to in writing by the Supplier and notwithstanding any terms appearing in documentation provided by or on behalf of the Purchaser, the terms appearing herein shall be incorporated by implication into all agreements by the Supplier to supply the Purchaser with goods.

GENERAL
(a) The Purchaser acknowledges that the conditions of sale as set out herein comprise the entire contract between the parties. The Purchaser further acknowledges that it has not been induced to enter this contract by any representation, advice, or information given or made by or on behalf of the Supplier.
(b) These terms and conditions shall be governed by the laws of the State of Tasmania, notwithstanding the place in which the goods are to be delivered. The Purchaser submits to the jurisdiction of the courts of the State of Tasmania, including all courts of appeal therefrom.

FREIGHT
All freight and delivery charges are payable by the Purchaser unless otherwise agreed in writing by The Company. Freight costs will be added to the Purchaser’s invoice and are due under the same payment terms as the goods supplied. Risk in the goods passes to the Purchaser upon dispatch from The Company’s premises or designated warehouse. The Company takes care to ensure goods are packaged appropriately for transport; however, we accept no responsibility for loss or damage during transit. Any claims relating to freight damage, shortage, or loss must be made in writing within seven (7) days of receipt of the goods. Failure to provide such notice within this timeframe may result in the claim being denied.

SHORTAGES
The Purchaser must check all invoices and advise the Supplier of any shortages, omissions, or errors in dispatch within 7 days from the date of supply. Failing any advice from the Purchaser that the invoice contains any shortages or errors, the invoice is deemed accepted by the Purchaser.

GUARANTEES
All products supplied by the Supplier are covered by the manufacturer’s warranty, where applicable, and in accordance with the Australian Consumer Law. We will assist customers in facilitating warranty claims, repairs, or replacements by liaising with the relevant manufacturer or distributor. However, approval and resolution of any claim remain at the sole discretion of the manufacturer. In some cases, customers may be required to deal directly with the manufacturer to complete the process. The Supplier does not provide any additional Warranty beyond that offered by the manufacturer or required under Australian law. All Guarantee and Warranty provisions are subject to proper installation, storage & handling in accordance with industry standards, guidelines, or manufacturer’s instructions. No allowances will be made on any equipment for labour, freight, or consequential damages, only the cost of the defective products. The Supplier is not liable for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Purchaser because of the goods supplied under this agreement. At the Supplier’s discretion, the Supplier reserves the right to request comparative sampling against defective products to conduct due diligence testing as part of the Supplier’s customer complaint investigation process.

INDEMNITY
The purchaser agrees to indemnify the Supplier against any claim that arises out of the goods and services supplied under these terms and conditions, including any legal expenses incurred in enforcing its rights on an indemnity basis.

INSOLVENCY
If the Purchaser becomes insolvent, the Purchaser remains liable under this agreement for the payment of all liabilities incurred in relation to the supply of goods made under this agreement.

AUSTRALIAN CONSUMER LAW

These Terms of Trade are subject to Australian Consumer Law, which provides consumer guarantees and protection against unfair contract terms and misleading conduct, regardless of what these terms say.