The following terms and conditions apply unless varied by written agreement with CANZAC Limited.
1. a. Where a Schedule of Quantities has been provided, the Schedule has priority over plans and specifications regarding quantity and costs of items.
b. Where a Schedule of Quantities is provided this invoice provides only for the items described in the schedule.
c. Where work required by plans and specifications or drawings is not measured in the Schedule of Quantities, this has been excluded and will be supplied as a variation to the quoted price.
2. CANZAC Limited requires all variations to be made in writing, however CANZAC Limited reserves the right to accept work originating from verbal instructions as variations. All variations will be priced on the basis of rates used at the time of this invoice, plus all applicable cost increases.
3. Unless otherwise agrees in writing, payment in full (without deduction or retention) in respect of each delivery shall be payable on the 20th day of the month following the month in which such delivery is made. Subsequent deliveries will be withheld at the discretion of CANZAC Limited whilst any monies due remain outstanding.
4. The legal and beneficial ownership of products remain with CANZAC Limited and will only be transferred by CANZAC Limited when payment for the product(s) has been made in full. Until the date of full payment, CANZAC Limited has the right to require you to store product(s) in such a way that is clearly CANZAC Limited’s property. It is hereby expressly agreed that if you mix product(s) supplied under the contractor part or parts thereof with (an) other product(s) and/or if the product(s) in anyway whatsoever become a constituent of or become affixed to any land or buildings then until the moment of full payment of the amount due to CANZAC Limited, you shall receive and hold the proceeds arising from the use of the product(s) as aforesaid upon trust from CANZAC Limited and if required shall hold these proceeds in a separate trading bank account and in your book of account so that such proceeds can be recognised as such.
5. Prior to you acquiring property in any goods CANZAC Limited may at any time directly or by its agents or servants, enter upon any land, premises or property where it believes such goods may be to view and inspect the same and in the even of default by you (including without limitations, default in payment of any monies due to CANZAC Limited) to retake possession thereof.
6. Goods supplied by CANZAC Limited shall be at your sole risk from the moment of delivery and you shall be liable in all respects to CANZAC Limited for any loss or damage to the goods howsoever caused.
7. CANZAC Limited accepts no responsibility or liability for delay or damage caused directly or indirectly by weather conditions, labour disputes, strikes, lock-outs, accidental or fire damage or any event beyond its control.
8. CANZAC Limited will not accept returns of goods after 30 days of customer in receipt of goods. CANZAC accepts no liability for any freight costs incurred for any returned goods. It is the responsibility of the customer to ensure goods are returned in the exact same good condition they were originally sold.
9. CANZAC Limited will charge a 25% re-stocking fee on any goods returned.
10. CANZAC Limited accepts no returns on orders that are manufactured to a specific requirement for a specific project.
11. The Customer indemnifies CANZAC Limted for any and all costs associated with the enforcement of these terms of trade, including legal costs on a solicitor/client basis. This includes but is not limited to the cost of any debt collection procedures for which the customer will be liable on top of the outstanding debt.