Terms of Use

Stug Australia Pty Ltd – Terms and Conditions of Sale

A.B.N. 92 057 570 108

1. General: These terms and conditions shall apply to the exclusion of all others including the terms and conditions of the Customer (whether on the Customer’s order form or otherwise). Unless special conditions are agreed to in writing no goods or services shall be supplied by the Seller on any terms or conditions other than those set out herein and by taking delivery of the goods the Customer shall be deemed to agree to these Terms and Conditions. For the purposes of these Terms and Conditions the Seller shall mean and include the party above named and/or the Supplier of the goods and services sold and the Customer shall mean the party to whom goods and services are sold and/or in whose name an Account is maintained by the Seller.

2. Payment: (i) The Customer agrees to comply with the trading terms of the Seller and payment for goods or services shall be made by the Customer to the Seller within the terms specified overleaf. Credit will be granted at the Seller’s discretion and the following Account Customer terms will apply. If the Customer does not maintain an account with the Seller OR if the Customer is in default of the Seller’s terms of credit then goods will be paid for at the time the Customer takes receipt of the goods. (ii) For Account Customers payment is to be made thirty days from the date of the Statement. It is agreed that if the Customer does not make payment within the period specified by the Seller then the Customer will pay to the Seller by way of liquidated damages a default charge calculated by application of a daily percentage rate of 0.05% on the unpaid balance of the amount due from the due date for payment until the date that the total sum due to the Seller is paid in full. (iii) If the Customer fails to make payment at the due time the Seller shall be entitled to suspend or cancel work (including despatch) on other orders outstanding from the Customer without prejudice to the Seller’s rights to receive payment for the work already carried out on those orders and to recover the sum unpaid on any previous order.

3. Claims: Upon receipt of goods the Customer shall immediately inspect the same. No claim of any kind will be enforceable against the Seller unless made in writing within seven (7) days of the receipt of the goods by the Customer. GOODS CUT TO SIZE, MACHINED OR FABRICATED ARE NOT RETURNABLE.

4. Advice and Suitability for End Use: Any advice, recommendation, information or assistance provided by the Seller in relation to the properties, quality or suitability for any use or application of the goods specified overleaf (hereafter referred to as the Goods) is given in good faith and is believed by the Seller to be appropriate and reliable. However any advice, recommendation, information, assistance or service provided by the Seller in relation to the Goods is provided without liability and the Seller will not be bound by any warranty, condition, representation or statement unless it is specified in writing on this invoice and the Seller shall have no liability whatsoever for any loss, injury, damages or expenses suffered or incurred whether directly or indirectly by the Customer’s agents or employees or any other person using the Goods, except as may be unavoidably imposed by law.

5. Title to Goods: (i) Legal and beneficial ownership of the goods shall be retained by the Seller until payment for the goods has been received by the Seller in full and the Customer has paid in full all its accounts with the Seller relating to all contracts made with the Seller. (ii) If payment is made by the Customer by way of cheque ownership shall not pass to the Customer until the cheque has been honoured. (iii) In the event that the Customer fails to pay the Seller for the goods by the due date required for payment under the Seller’s terms of trade, the Customer (without prejudice to the Seller’s rights as an unpaid Seller or any of its other rights and remedies to retake possession of the Seller’s goods from the Customer) hereby agrees to deliver up the goods to the Seller upon demand by the Seller and consents to the Seller retaking possession of the goods for which the Customer has not paid.

6. Delivery and Freight: (i) The Seller will make every effort to keep to despatch dates quoted but accepts no liability for any financial or other loss (whether direct or indirect) caused to the customer if despatch is nevertheless delayed. (ii) The risk in the goods will pass to the Customer upon delivery to the Customer or its agent or to a carrier designated by the Customer. (iii) The Seller shall not be liable for freight costs on goods returned to it by the Customer.

7. Cancellation: Orders placed with the Seller cannot be cancelled without the written approval of the Seller. The Seller cannot accept cancellation of an order for goods made especially to the Customer’s requirements.

8. GST: The price quoted does not include GST or any other government authority impost unless otherwise stated in writing and the same shall be added to and form part of the price.

9. Confidentiality: (i) All drawings, designs, specifications and other information which the Seller supplies in connection with a quotation or order are confidential. They remain the personal property of the Seller and must not be disclosed to any third party without the Seller’s prior written permission. (ii) All tools, moulds and fixtures which are developed or made in the course of or incidental to the manufacture or provision of the goods shall remain the property of and in possession of the Seller. The Seller shall not be obliged to disclose any techniques of production or tooling used to the Customer or to any other party.

10. Customer’s Materials: The following terms apply in relation to orders for which the Customer supplies the Seller with its own samples, blanks, patterns or stock materials (hereafter referred to as the Materials). (i) The Customer undertakes that the Materials will be in all respects suitable for the operation for which they are required. The Customer will at its expense replace any unsatisfactory materials and will pay the Seller for the cost of work already carried out on such materials and for the cost of damage to the Seller’s tools or other property. (ii) Except for cuttings, the materials remain the property of the Customer whilst in the Seller’s possession. The Seller will not be under any liability for loss or damage to the materials or for any consequences of such loss or damage. (iii) Carriage of the materials to the Seller will be at the Customer’s expense.

11. Industrial Property Rights Law: (i) If goods supplied by the Seller to the Customer’s design or specifications infringe or are alleged to infringe any patent or registered design rights or copyright the Customer will indemnify the Seller against all damages and costs incurred by the Seller as a result of the infringement or allegation. The Customer will give the Seller all possible help in meeting any infringement claim brought against the Seller. (ii) Any intellectual property (including but not limited to copyright), discovery, invention, process or improvement in procedure created, made, written, discovered or brought into existence by the Seller in connection with the manufacture or provision of the Goods shall be the sole property of the Seller.

12. Default:: In the event of the Customer’s default under these Terms and Conditions the Customer shall pay to the Seller on demand all costs including without limitation all legal costs (on a solicitor/own client basis), all mercantile agents’ fees incurred by the Seller in recovering all amounts outstanding and payable under these Terms and Conditions and any dishonour and bank fees incurred by the Seller relating to payments made by the Customer from time to time.

13. Certificate: A Certificate signed by an officer of the Seller will be prima facie evidence of the Customer’s liability to the Seller at the date of the Certificate.

14. Jurisdiction: The proper law of all contracts arising between the Seller and the Customer is the law of the State or Territory in which the Seller’s principal office is located and the parties agree that all claims and disputes relating to the goods shall be determined in a Court of competent jurisdiction nearest such principal office and the parties irrevocably agree to submit to the non-exclusive jurisdiction of such Court.