Blue Wave Trading Terms and Conditions – October 2020
1. General:
“Blue Wave” and “seller” means Blue Wave Australia
“Purchaser” means the person or company placing an order with the seller for the purchase of goods/services.
The “goods/services” means the goods/services supplied by the seller to the buyer.
2. Terms:
Strictly as per terms of credit application agreement.
3. Quotations:
a. All quotations are subject to withdrawal at any time prior to acceptance of the order by Blue Wave Australia. Blue Wave Australia also reserves the right to amend the price of the undelivered portion at any time.
b. All quotations are valid for a maximum period of thirty (30) days from the date of the quotation unless express notice is otherwise given by Blue Wave Australia.
4. Prices:
a. The prices and information as listed or referred to in our pricelists are recommended only and there is no obligation to comply with these recommendations.
b. The prices charged and payable shall be the prices ruling at the date the goods/ services are delivered to the purchaser. Prices are subject to alteration without notice.
c. Special prices on bulk items are available on request and will be at the sole discretion of Blue Wave Australia.
d. Blue Wave Australia reserves the right to refuse large quantity orders which may affect supply to the market.
5. GST:
Prices are exclusive of Goods and Services Tax (GST). Customers are liable to pay GST on all items, and will be charged at the applicable rate
6. Risk:
The products supplied by Blue Wave Australia shall be at the risk of the purchaser immediately upon delivery to the purchaser of into the custody of anyone acting on behalf of the purchaser whichever is the sooner.
7. Goods:
a. Notwithstanding that risk in the products shall pass to the purchaser as provided in paragraph 6.
b. Title to the products shall remain with Blue Wave Australia until all monies owing by the purchaser to Blue Wave Australia have been paid in full and until such time the purchaser shall hold the products as bailee. The purchaser maintains its right to deal with the products in the ordinary course of business on the basis and understanding that any monies received as a result of such dealing shall be held by the purchaser for the sole benefit of Blue Wave Australia.
c. In the event that the purchaser uses the products in some manufacturing or construction process of its own or some third party, then the purchaser shall hold such part of the proceeds of such manufacturing or construction process as relates to the products in trust for Blue Wave Australia. Such part shall be deemed to equal in dollar terms the amount owing by the purchaser to Blue Wave Australia at the time of the receipt of such proceeds.
d. In the event of the insolvency of the purchaser or of the purchaser being place on liquidation whether voluntary or otherwise Blue Wave Australia shall be entitled to repossess and take back at the cost of the purchaser all goods which remain the property of Blue Wave Australia without prejudice to any right conferred upon Blue Wave Australia by law.
e. The purchaser agrees forthwith to insure the goods for their full insurable value against loss or damage by fire, theft, accident and other such risks.
8. Delivery:
a. Any delivery date quoted by Blue Wave Australia is an estimate only and Blue Wave Australia will not be held liable financially or otherwise for failure to deliver on or before the quoted date unless Blue Wave Australia has issued a written guarantee of delivery.
b. The purchaser shall accept and pay for the goods if and when tendered notwithstanding any failure by Blue Wave Australia to deliver the goods by the quoted date
9. Incorrectly Supplied Goods:
a. In the event of incorrectly supplied goods Blue Wave Australia will replace the goods supplied with the goods ordered. Where the correct goods are unable to be supplied Blue Wave Australia will reimburse the purchaser for the cost of the incorrectly supplied goods.
b. Blue Wave Australia will not be held liable for any losses, damages, or charges incurred by the purchaser arising from the incorrectly supplied goods.
10. Returns & Claims:
a. Goods will only be accepted for credit if returned within 45 days of date of delivery and must be accompanied by a request for credit quoting the original invoice and/or delivery docket number, the purchase order number, date and reason for return.
b. Prior notification of the return of goods is required, at which point a returns and claims number will be allocated which must be quoted at the time of the return. The acceptance of such goods does not imply an agreement to issue a credit note. Goods are subject to inspection and approval and will attract a 10% or $20.00 (whichever is greater) handling and restocking charge. Freight will be at the expense of the purchaser unless the goods were supplied incorrectly.
c. No credit will be allowed for:
1. Goods outside of our normal stock range which have been specially sourced at the customers request.
2. Goods which have been specially manufactured or cut to the specifications of the purchaser.
3. Goods which have been used, modified, or damaged.
4. Goods with an alleged deficiency or discrepancy where the purchaser has failed to open and check all items supplied within fourteen (14) days of delivery and report such a claim to Blue Wave Australia within the said fourteen (14) days.
11. Costs:
The purchaser will indemnify Blue Wave Australia against and agrees to reimburse if for any expenses it may incur in recovering or attempting to recover payment from the purchaser for any amount, which may from time to time be overdue. These costs include legal court, solicitors, debt collections agency commissions and fees.
12. Disclaimer:
a. The only warranties and conditions which are binding on Blue Wave Australia in respect of the condition or quality of the goods supplied to the purchaser are those imposed by statute and thereby the liability, if any, of Blue Wave Australia shall be limited to and completely discharged by replacement by Blue Wave Australia of the goods supplied and otherwise all other warranties and conditions whether express or implied are hereby excluded and negated.
b. Blue Wave Australia accepts no liability whatsoever for any loss, damage, or injury either direct or consequential arising out of or in relation to the use or application of goods supplied to the purchaser or technical information and product specifications contained within our product catalogues, brochures, and price lists.
13. Other:
a. These conditions and any contract of sale shall be governed and interpreted by the laws and courts of Queensland Australia and the purchaser consents to the jurisdiction of the said courts to determine or resolve any dispute or action.
b. The mere signing of the invoice, delivery docket or manifest for goods received, notwithstanding anything that may be stated to the contrary by the purchaser including conditions listed on an official purchase order, shall be constituted as acceptance of these CONDITIONS OF SALE.
