Terms & Conditions of Sale
TERMS OF TRADE
Metlam Australia Pty Ltd
1. Except as expressly provided in the Agreement, Metlam Australia Pty Ltd shall not be under any liability to the buyer in respect of any loss or damage (including consequential loss or damage) however caused, which may be suffered or incurred, or which may arise directly or indirectly in respect of the supply of any goods or services pursuant to this Agreement or the failure or omission on the part of Metlam Australia Pty Ltd to comply with its obligations under this Agreement unless otherwise accepted in writing.
2. Except as expressly provided in this Agreement, all warranties, whether expressed, implied, statutory or otherwise, relating in any way to the subject matter of this Agreement or to this Agreement generally, are excluded.
3. Should Metlam Australia Pty Ltd be liable for a breach of a condition of warranty implied by Australian Consumer Law (ACL) Schedule 2 of the Competition and Consumer Act 2010 to the extent permitted by law, and subject to sections 64 and 64A of the Australian Consumer Law (Schedule 2, CCA 2010), our liability for failure to comply with a consumer guarantee (other than guarantees under ACL ss 51–53) is limited, at our option, to:-
a. If the breach relates to goods:
i. The replacement of the goods or the supply of equivalent goods;
ii. The repair of such goods;
iii. The payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. The payment of the cost of having the goods repaired; and
b. If the breach relates to services;
i. The supply of the service again; or
ii. The payment of the cost of having the services supplied again.
4. The delivery of goods to you and your acceptance of their delivery constitutes a binding contract for the sale of these goods comprised on the terms and conditions of this schedule.
5. In relation to payment terms:
a. The buyer agrees to pay the amount invoiced for the goods by the due date which is the last working day of the Metlam Australia Pty Ltd accounting month following the month of sale of the goods unless specific credit arrangements are made, verified in writing, and remain current, to Metlam Australia Pty Ltd.
b. After the due date of payment, Metlam Australia Pty Ltd may charge interest on outstanding amounts payable, calculated on a daily balance, at the reference rate of our nominated bank Corporation + 1%.
c. In the event it is deemed necessary by Metlam Australia Pty Ltd to institute legal proceedings to recover any monies owing it shall be competent for Metlam Australia Pty Ltd to issue such proceedings in Melbourne, Victoria in a court of competent jurisdiction and the buyer shall be reasonable for all legal costs incurred by Metlam Australia Pty Ltd being solicitor and own client costs. It shall be lawful for Metlam Australia Pty Ltd to invoice the buyer for such costs.
6. If any change is proposed to the arrangements between Metlam Australia Pty Ltd and the buyer as set out herein such change shall not take effect until Metlam Australia Pty Ltd has confirmed such changes in writing through its credit manager.
7. Retention of Title:-
a. Title and Risk
i. Title to all goods supplied by Metlam Australia Pty Ltd ACN 125 641 429 (“Supplier”) to the customer (“Customer”) remains with the Supplier until the Customer has paid in full all amounts owing for those goods and for any other goods or services supplied by the Supplier at any time.
ii. Risk in the goods passes to the Customer upon delivery.
b. Security Interest
i. The Customer grants the Supplier a security interest in the goods and in all proceeds (as defined in the Personal Property Securities Act 2009 (Cth)) to secure payment of all amounts owing.
ii. The Customer acknowledges that this security interest is a Purchase Money Security Interest (PMSI) under the PPSA, and the Supplier may register this interest on the Personal Property Securities Register (PPSR).
c. Customer Obligations
i. Until title passes, the Customer must:
- Store the goods separately and clearly identify them as the Supplier’s property;
- Not remove, alter, or deface any identifying marks or numbers on the goods; and Not mix the goods with other goods in a way that would make them unidentifiable; and
- The Supplier will be given full ownership of any new goods or objects formed if you transform our goods into other products or affix those goods to other objects.
ii. The Customer may sell the goods in the ordinary course of business but must hold the proceeds on trust for the Supplier in a separate account until all amounts owed are paid.
8. If the buyer wishes to dispute any delivery whether as to quality or quantity, this shall be done within seven (7) days of delivery or receipt of the invoice and such complaint shall be in writing but not otherwise. Should no such written complaint be made, the invoice shall be conclusive evidence of the money owing for the value of the goods in the invoice.
a. Once a shipment has been received by the Customer and signed for in good order the chain of responsibility is then handed from Transport company to the receiver. This means that in signing the POD you are accepting these goods that have been received in good order and undamaged.
b. Upon signing the POD, the receiver is accepting responsibility for any goods that are then on-delivered to a building site or end user. If the end user lodges a claim for goods damaged in transit and it is found that the POD for delivery to the Customer was signed for as received in good order, it is then beyond the control of the Supplier and the Supplier’s appointed carrier to assist or replace any goods that are then found to be damaged.
9. In the event of the buyer, being an individual or partnership, incorporates his/her business and the company continues to use the existing account or the account is used by a company of which he/she is a director, he/she hereby agrees to personally guarantee due payment of the account.
10. The buyer and/or its Guarantors hereby charges any legal or equitable estate or interest of the buyer/guarantors in any present and future undertakings and property of the buyer and/or its guarantors to Metlam Australia Pty Ltd to secure the payment of all moneys (including damages), which now or in the future are owed (actually or contingently) by the buyer to Metlam Australia Pty Ltd. The buyer consents to Metlam Australia Pty Ltd lodging a caveat or caveats noting its interests hereunder.
11. Orders for goods and services are accepted and goods and services are supplied subject to the above terms of trade only.
