The Supplier, Poseidon Imports Pty Ltd ACN [666 736 125], where appropriate, includes the employees, agents, subcontractors, successors, assignees of and any entity claiming through or under the Supplier. This information must be verified by emailing to :- [email protected]
The Customer means the legal entity purchasing or agreeing to purchase goods or services of the Supplier and includes the employees, agents, subcontractors, successors, assignees of and any entity claiming through or under the Customer.
Scope
All quotations made by the Supplier and all orders accepted for the supply of Goods will be subject to these terms and conditions, unless otherwise agreed in writing and notwithstanding anything to the contrary in the Customer’s enquiries or orders.
Customer to Satisfy Itself from Its Own Enquiries
Any statements as to suitability, quality, fitness for purpose, capacity or otherwise in relation to the Goods in any documents issued by the Supplier do not form part of any contract between the Customer and the Supplier unless specifically agreed to in writing by the Supplier. The Customer warrants that it was satisfied by means other than information received from the Supplier as to the quality and fitness for purposes of the Goods offered before it placed any order in respect of them.
Quotations, Contract
Supplier’s quotations are valid only if in writing and only for seven (7) days or any shorter period stated in the quotation. No order, whether resulting from a prior quotation or not, will result in a binding contract until the order is accepted in writing by the Supplier or by delivery of the Goods to the Customer.
Minimum Order Price
The Supplier may from time to time set a minimum price for any one order.
Taxes and Charges
Unless otherwise stated, the price of Goods is the price set out in a Supplier’s quotation and may or may not include goods and services tax (GST) and any other taxes and statutory charges levied in relation to the Goods.
Credit
The Supplier may in certain circumstances require payment of a deposit or prepayment, particularly as regards special orders. The Supplier may in its discretion supply Goods on a cash on delivery basis or Goods on credit to the Customer with payment due within seven (7) days after the date of a statement or tax invoice being issued. The Supplier may charge interest at the bank overdraft rate charged by its bankers plus an account keeping fee of not more than 2% per month in respect of amounts not paid by that due date until the date of payment. The Supplier may by notice in writing at any time withdraw or vary the terms on which credit is given. The Supplier reserves the right to place all orders on a cash on delivery basis.
Cancellation
The Customer must pay all costs incurred by the Supplier on cancellation of any order by the Customer.
Transport
The Supplier may use any vehicle or mode of transport to carry the Goods, may substitute one vehicle or mode of transport for another, and may use any subcontractor or agent.
Place of Delivery
If the place of delivery is other than that at the Supplier’s premises and the Customer is not present at the premises at the time for delivery, the Supplier may proceed to unload the Goods.
Demurrage
If the place of delivery is other than that at the Supplier’s premises, the Supplier may charge demurrage for time lost in idle standing of the carrier at the delivery site, caused by circumstances outside the Supplier’s control.
Additional Transport Costs
The Supplier may agree to deliver Goods elsewhere as specified by the Customer; in which case the Customer shall pay all associated charges. If, in the opinion of the Supplier, the Goods cannot be delivered at the delivery site, or if the Goods are returned or redirected, the Customer must pay the Supplier such transport costs as the Supplier may specify and the delivery of the Goods may be suspended. That suspension will not be a breach of, or invalidate, the contract and the time or period for delivery will be extended accordingly.
Safety, Environment
If the place of delivery is other than that at the Supplier’s premises, the Customer must provide safe access to and on the delivery site and the Customer must comply with all applicable regulations as to the storage and disposal of the Goods.
Delivery
Due delivery of Goods is deemed to be made, the Customer is deemed to accept Goods, and the risk in Goods will pass to the Customer upon loading onto the Customer’s transport (in the case of delivery at the Supplier’s premises) and upon discharge from the Supplier’s transport at the Customer’s specified delivery point (in all other cases).
Title to Goods
The Goods remain the property of the Supplier until paid for in full. Until that time:
- The Customer may sell the Goods in the ordinary course of its business as agent for the Supplier and will hold the proceeds of sale on trust for the Supplier.
- The Customer must, until any sale by the Customer and the passing of property:
- Possess the Goods as Bailee for the Supplier and, if the Goods are incorporated into other goods, those other goods are, if possible, held by the Customer on trust for the Supplier; and
- Return the Goods to the Supplier on demand.
Inspections
It is the responsibility of the Customer at the time of delivery to make inspections to determine the quantity of the Goods delivered, to confirm the description given in the delivery docket, and to satisfy itself of the general condition of the Goods delivered.
Defects etc.
If the Customer detects any alleged defect or irregularity whether with respect to quantity, description, faulty condition or otherwise, the Customer must give telephone notice within 72 hours or written notice within 7 days to the Supplier containing particulars sufficient to inform the Supplier of the alleged defect or irregularity. The Supplier will only consider claims made after those times in its absolute discretion and its decision will be final and binding on the Customer. Any packaged goods can be returned only in their original and complete packaging. The liability of the Supplier, if any, for defective goods will be the replacement of such defective goods, the supply of equivalent goods, or the cost of replacing any defective goods, at the Supplier’s option. To the full extent allowed by law, all other guarantees, warranties, undertakings, or representations express or implied and whether arising by statute or otherwise are expressly excluded. The Supplier accepts no responsibility for changes in quality arising after the sale of the Goods.
Exclusion of Liability
To the extent permitted by law, the Supplier will not be liable in any way (including for negligence) for loss of or damage to or incorrect delivery of, or failure to deliver or delay in the delivery of the Goods through any reason whatsoever.
Indirect and Consequential Loss
The Supplier will not in any circumstance be liable for any indirect or consequential loss or damage of any nature whatsoever.
Pallets
All pallets (other than disposable pallets) issued by the Supplier remain the Supplier’s property. The Customer shall not use the pallets provided by the Supplier for any purposes whatsoever other than for the storage or handling of the Goods or other goods purchased from the Supplier. The Customer shall not part with possession of the pallets except to return them to the Supplier. The Customer shall pay the Supplier any deposit charged by the Supplier and shall pay the Supplier for all damaged or missing pallets. The Supplier’s records will be conclusive evidence of the number of pallets in the Customer’s possession.
Indemnity
To the full extent allowed by law, the Customer shall indemnify and keep indemnified the Supplier against all and any liabilities and claims of whatsoever kind that arise out of or in relation to any use made of the Goods by or on behalf of the Customer.
Change in Circumstances
The customer must advise the Supplier in writing of any change in its business structure shown in this application within 7 days of the change.
Non-payment, Breach etc.
If the Customer:
- Makes any representation to us or gives us information that is untrue.
- Does not pay the Supplier for Goods when payment is due.
- Defaults in its performance of these terms and conditions.
- Becomes bankrupt, insolvent, or subject to any administration, or proposes or threatens to become so.
- Ceases to conduct its business, or ceases to conduct its business in the normal manner, or proposes or threatens to do so, or
- Advises the Supplier of a Change in Circumstances that, in the Supplier’s opinion, materially affects its ability to perform its obligations under these terms and conditions, then the Supplier may at its discretion suspend further performance by it under any contract with the Customer or any related corporation of the Customer for such time as it determines, or it may terminate any such contract. In the event of default by the Customer, all amounts payable by it to the Supplier will automatically and immediately become due and owing to the Supplier. The Supplier may, for the purpose of recovering possession of the Goods enter onto the premises where the Goods are located without notice. The Customer shall pay all legal expenses (as assessed on a solicitor and client basis) and any other expenses incurred by the Supplier in collecting overdue moneys or in the enforcement of these terms and conditions or any contract with the Customer.
Non-waiver of Breach
If the Supplier does not act in relation to a breach by the Customer of these terms and conditions or of any contract, this does not waive the Supplier’s right to act with respect to subsequent or similar breaches.
Preservation of Rights
The termination of any contract between the Supplier and the Customer on any account whatsoever does not in any way prejudice or affect the rights, duties, or obligations of the parties under any such contract that may have arisen before the date of termination.
Intellectual Property
The Supplier reserves the rights to all copyrights, trademarks, industrial design, patents, and any other industrial and intellectual rights on all the Supplier drawings, designs, diagrams, schemes, plans, publications and other documents, ideas, discoveries, improvements, and inventions. The Customer shall not copy, use, or allow any third party to use any of the foregoing without the Supplier’s prior written consent.
Installments
If performance of a contract is to occur by installments, the contract will be construed as a series of individual severable contracts. The Supplier is entitled to payment for each installment as delivered and the Customer may not withhold any payment for any installment because of any alleged default in relation to any other installment.
Unpaid Seller’s Rights
The Supplier will have, in addition to the rights set out in these terms and conditions, an unpaid Seller’s lien in relation to any contract and the Supplier may retain possession of any Goods the subject of the contract in respect of which the Customer has not made payment, notwithstanding that the property in such Goods may have passed to the Customer.
Notices
Any notices to be served on the Customer by the Supplier will be deemed to be served if left at the Customer’s last known business address or sent by prepaid post to such address or sent by facsimile to the Customer’s facsimile number shown on the credit application. Any such notice sent by post will be deemed to have been delivered 2 days after posting and any notice sent by facsimile will be deemed to have been delivered when transmitted.
Governing Law
These terms and conditions are governed by the law of Queensland and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland.
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Freight & Returns:
Brisbane Metro
- Pallet value of $1800 (excl. GST) FIS
- Under $1900 (excl. GST) will incur a $50 charge per pallet
- Regional areas / low value pallets will incur an additional charge
Sydney Metro
- Pallet value of $2100 (excl. GST) FIS
- Under $2100 (excl. GST) will incur a $75 charge per pallet
- Regional areas / low value pallets will incur an additional charge
Melbourne / Adelaide / Newcastle Metro
- Pallet value of $2300 (excl. GST) FIS
- Under $2300 (excl. GST) will incur a $100 charge per pallet
- Regional areas / low value pallets will incur an additional charge
These charges will come into effect as of Friday 08th May 2024. If at any time you need any further clarification on these charges, please feel free to contact your sales representative or office.
FREIGHT TERMS ARE SUBJECT TO CHANGE AT ANY GIVEN TIME AT OUR DISCRETION
Returns
If you have missing or damaged stock, please email [email protected]
referencing:
- Subject Line: Missing Stock: or Damaged Stock:
- Include: Invoice Number
We will endeavor to respond back to you as soon as possible.
Please attach photo evidence of the damaged stock (close-up images and zoomed-out images showing damages on the pallet). If no photo attachment is provided, your email will be ignored.
