Terms & Conditions
AN OUTLINE OF OUR CREDIT POLICY
Your business is important to the welfare of ours and we believe a properly controlled credit policy will do much to ensure a great relationship between us.
In order to protect this Company’s interest in the present economic climate and believing that the correct use of credit will assist us both, following is an outline of our Credit Policy so that you may familiarise yourself with our trading terms.
We want to create harmonious arrangements with customers which are practical and can be honoured. The establishment of correct credit procedure is a prerequisite to harmonious relationships between the customer and our company.
1. We do not offer credit terms unless the customer agrees to by initialling each point and completes and signs the following credit application.
2. We extend credit only to credit worthy customers to a limit which is considered to be within their means and within our trading terms.
3. Credit is not intended as a substitute for working capital which should be provided by the appropriate financial institutions – we are not a bank, just like yourselves.
4. We give credit as a convenience to our customers who can afford to pay their accounts. It is not intended as a loan to those who cannot afford to do this.
5. Cogent Solutions Group Pty Ltd T/A Cogent Solutions Group Unit Trust Credit Terms are STRICTLY TEN (10) DAYS from MONTHS END.
6. If we make frequent approaches for payment after this customary period, it is because we believe the account is past due for payment and we have received no advice to the contrary.
7. Credit is not given on the basis that we are paid when our customer is paid. We give credit to our customer only, NOT their customer and we expect to be paid within our trading terms. We will always be pleased however, to discuss a problem with customers when they find themselves in difficulty with their credit rating or requirements but we prefer to do this before the account becomes overdue.
8. We do not accept that a query on part of an account is sufficient reason for non payment. This company will do its utmost to achieve satisfactory performance and in the event of an adjustment being necessary, we expect all but the adjustment to be paid on or before the due date.
9. If your account is not paid on time and this is a continuing problem, causing our staff extra time and effort in the pursuit of payment, your credit account will be suspended without notice, We will issue you with a SEVEN (7) DAY warning to meet your obligations, during this time payment will be required up front for future orders and penalty interest may also accrue at the rate of 12% per annum charged daily.
Our preferred method of payment is via EFT or Direct Debit.
Details are as follows:
Account Cogent Solutions Group Pty Ltd
BSB# 633 000
Account #154 414 338
Please include a reference (name/invoice #) when making payment. Direct Debit form sent separately. Credit Card Payments available on request, 1.5% surcharge for all cards. AMEX and diners not accepted.
COGENT SOLUTIONS GROUP PTY LIMITED
GENERAL TERMS & CONDITIONS OF SALE
1. RESERVATION OF TITLE
1.1 Not withstanding delivery of the goods, legal ownership of the goods remains with the supplier until payment for the goods has been made in full. The supply of the Goods by Cogent Solutions Group under these terms and conditions to the Customer creates a registrable security interest under the Personal Property Securities Act 2009 (Cth)., and Cogent Solutions Group ownership of the Goods shall not pass until:
(a) the Customer has paid Cogent Solutions Group all amounts owing for the particular Goods; and
(b) the Customer has met all other obligations due by the Customer to Cogent Solutions Group in respect of all contracts between Cogent Solutions Group and the Customer.
1.2 The customer acknowledges that the suppliers servants and/or agents have an irrevocable right to enter the customers premises and retake possession of any unpaid goods if the customer defaults in payment of the goods.
2. PASSING OF PROPERTY & RISK
2.1 Risk in the goods shall pass to the customer upon delivery and the customer shall maintain adequate insurance cover in respect of the goods.
2.2 Whilst risk in the goods shall pass on delivery, legal and equitable title shall remain with the suppler until it has received payment in full for all goods supplied. Pending such payments the customer shall hold the goods as bailee for the supplier and shall return the goods to the supplier if so requested.
3. PRICES & QUANTITIES
3.1 Every endeavour will be made to deliver the quantity ordered, but owing to the difficulty of producing exact quantities, orders are conditional upon a margin of 20% being allowed for overs or shortages. Should there be any variation between this estimation and the actual quantities required, the supplier will not be held responsible for such variation and the customer shall pay for the actual quantities supplied at the rates used for the quotation.
3.2 All prices for goods and services set out in the quotation by the supplier shall remain valid for the period stated in the quotation and if no period is stated, 7 days from the date of the quotation.
3.3 Quotations are based on the current labour and material costs and exchange rates, and any variation of these, or to the specifications, shall be to the customer’s account.
4.1 Terms of payment are on a cash basis only unless a credit application has been duly completed by the customer and approved by the supplier.
4.2 Unless otherwise stated in writing, terms are strictly nett and payment in full shall be due TEN(10) days from MONTHS END accompanying or following delivery and where delivery is not possible due to the customers inability to accept the goods, within thirty (30) days of the company giving the customer notice that the company is in a position ready, willing and able to perform or complete the contract by delivery of the goods.
4.3 If the customer fails to pay amounts owing to the supplier when they are due then the supplier shall have the following rights in addition to any other rights it may have:
(i) To charge interest on the amount owing at the rate of 12% per annum calculated per day from the due date of the payment;
(ii) To suspend deliveries to the customer of further goods whether under this contract or not, until all amounts due including interest thereon have been received.
(iii) To terminate the contract in relation to goods that have not been delivered and work not yet performed.
4.4 If the customer makes default on any payment, commits an act of bankruptcy, becomes insolvent, enters into liquidation or has a receiver or receiver and manager appointed over all or any part of its assets then all moneys owing and outstanding to the supplier from any account what so ever and irrespective of whether the due dates for payment have occurred, shall become immediately due and payable, and the supplier may at its option withhold further deliveries or suspend work or cancel the contract without prejudice to its rights under these terms and conditions or otherwise by law.
4.5 Should the customer default on any payment all debt collection and legal costs incurred by the supplier in collection of the debt shall be payable by the customer.
4.6 The customer accepts and agrees that to better secure the obligations created by this agreement and particularly the payment of any debt, you grant to the Supplier a charge over all real and personal property which you own or may acquire in the future and give us authority to caveat any such property.
5.1 Any claims shall be made in writing within seven (7) days of receipt of the goods by the customer. Claims not made by the customer within that period shall be deemed to be waived. Claims by the customer as to non delivery shall not be made more than seven (7) days after despatch of the goods. No claim in respect of goods damaged in transit will be entertained if the carrier has been given a receipt signed without comment or from his agent, or if the company has been given a clear
receipt by the customer’s nominated carrier.
5.2 All claims shall be subject to clauses 7 and 8.
6. DELIVERY AND COMPLETION
6.1 Where goods are delivered to a particular site the goods will be entirely at the customers risk when delivered and in the event of the site being unattended the delivery docket/manifest signed by the cartage contractor shall be prima facie evidence of the due delivery of goods. Any times quoted for delivery of the goods or completions of work are estimates only. The supplier shall not be liable for the failure to deliver or delay in delivery of the goods or delay in completion of the work arising from any cause what so ever beyond the suppliers control.
6.2 Every reasonable effort will be made by the supplier to carry out any contract entered into by it, but if the supplier, by reason, cause, matter or thing beyond its control, is unable to obtain materials or other requisites or shall be affected directly or indirectly by any circumstances beyond its control then it shall have the right without being liable to the customer for damage, non completion, non delivery or for any other loss or damage which the customer may suffer as a result of such non performance and non delivery, to extend the completion date or the date for delivery of the goods, to enable the goods to be supplied. The customer shall not be
relieved from any obligation to accept or pay for goods and/or services by reason of any delay in delivery or dispatch.
Cogent Solutions Group PTY LTD Reserves the right to Refund/Cancel any order that doesn't fall within our standard allowed advertised shipping rates. On the rare occasion this happens we will cancel your order and notify you with alternative shipping rates should you wish to proceed.
7. SUPPLIER LIABLILITY
7.1 The suppliers total liability to the customer in respect of all claims what so ever arising out of the contract shall in no event exceed the total price payable by the customer to the supplier for the goods or services.
7.2 In no event shall the supplier be responsible for any loss or profit, penalties, expenditure, damages or losses incurred by the customer arising out of any delay in delivery of goods or completion of the work, or caused by, or arising out of any use of, or dealing with, the goods whether arising from any defect in the goods, unsuitability for the customers purpose, negligence by the supplier or its employees or subcontractors in performing the work, or the failure or omission on the
part of the supplier to comply with its obligations under the contract.
7.3 The supplier shall not be liable for any defects in material and/or workmanship caused by modification of the goods by the customer or any third party.
7.4 Where any act of parliament, whether state or federal, implies in the contract any term condition or warranty and that act avoids or prohibits provision in the contract excluding or modifying the application of, or exercise of, or liability under, such terms, conditions or warranty, such term, condition or warranty shall be deemed to be included in the contract. However the liability of the supplier for any breach of such term, condition or warranty shall where permitted by law be limited, at the option of the supplier, to any one or more of the following:
a) If the breach related 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 having the goods repaired/replaced
b) If the breach relates to service
i) The supplying of the service again
ii) The payment of the cost of having the services supplied again
8.1 The supplier warrants that subject to the conditions set out below that if during the period of one (1) month from the date of the original supply of goods there appears any defect in the goods then the supplier shall be out cost to the customer at its option either repair or re do correctly such faulty work within a reasonable time of being notified in writing by the customer of such defect, provided that this warranty is given upon and subject to the following conditions:
This warranty does not apply to any defects or faults in the materials.
This warranty is not binding upon the supplier unless the customer has paid in full all money owing for the goods and services.
This warranty shall not apply where the defect complained of is not directly attributable to any fault or defect in the performance of the work but without limiting the generality of the foregoing, the warranty does not apply to defects or faults caused by:
1. Defects or faults in the goods themselves
2. Defects in the product with which the goods have been packed.
3. Unusual or unreasonable treatment of the supplied goods by the customer or any third party.
All reasonable expenses incurred by the customer in making a claim under this warranty (where a claim is discovered to be justified) will be paid by the customer.
The supplier shall not be liable under this warranty for any consequential, indirect or special loss or damage arising out of any defects or faults in the service. Under no circumstances shall the supplier be liable to extend in discharging its obligations under this warranty more than the sum charged by it to the customer.
The customers claim under this warranty must be notified to the supplier in accordance with clause 3.
The benefits conferred by this warranty on the customer are in addition to all other rights and remedies to which the customer is or may be entitled in law in respect of the services to which it related, including all rights and remedies under the Trade Practices Act and similar state and territory laws. This warranty does not exclude or modify any inconsistency between such rights and remedies and the terms of this warranty shall be read subject there to.
8.2 The customer warrants and acknowledges that it has not relied on any representation made by the supplier, its employees and agents which have not been stated expressly in this contract or upon any description or illustrations or specifications contained in any document including any catalogue or publicity material produced by the supplier.
9.1 Any description of the goods in the suppliers quote or any other document shall be by way of identification only and the use of such description shall not create a sale by description. The supplier reserves the right to alter the material specifications shown in its professional literature to affect changes made after the date of publication.
10. OUTSIDE INTERFERENCE
10.1 The supplier shall not be liable to the customer for any defects or delay caused by strikes, lock-outs, damage to or breakdown of plant, Government interference, Acts of God, earthquake, civil commotion, war, force majeure or any other cause beyond the suppliers control.
11. CHANGE OF ORDERS
11.1 The suppler shall not be bound to accept any change in product dimension, material or finish, a reduction in the quantity ordered or other particulars of goods after the supplier has received an order and commenced with obtaining supplies. No orders or undelivered part thereof may be cancelled or suspended by the customer without the suppliers written consent. In such an event, the supplier reserves the right to invoice the customer for any work done, material provided or expenditure commitment under the contract up to the date of cancellation or suspension.
11.2 In the event of any variation to the contract or suspension of work by the instructions of the customer or lack of instructions, the price shall be adjusted accordingly and any extra expense incurred by the supplier shall be added to the contract price. The date of delivery of the goods or completion of work shall be extended by a reasonable period commensurate with the time required to incorporate the variation or make good the suspension of work. The supplier reserves the right to refuse to carry out any variation or extra work if the instruction from the customer is not authorised in writing by the appropriate officer. Any delay resulting from the customer’s failure to issue appropriate variation requests in writing shall extend the delivery date for the completion of the contract.
12.1 The supplier may subcontract the performance of the whole or part of the service it is to provide under the contract.
12.2 Non-stock items are non-returnable by the customer or the supplier.
12.3 a) The supplier shall not be responsible for the consequence of any technical advices given by its employees or sub contractors in connection with the design and use of the goods sold here under.
b)The customer shall agree to accept full responsibility for any design provided and undertake to indemnify the supplier against any claim arising in the respect thereof.
12.4 For the purposes of these terms and conditions the supplier means COGENT SOLUTION GROUP Pty Ltd, and its directors, officers, employees and duly appointed agents. The customer means the person or company names in the sales invoice form, quotation and, in the case of an individual, his/her executors, administrators and assigns, and of a company, its successors and assigns.
12.5 These terms and conditions of sale are to take precedence over any terms and condition of the customer and the terms of any head contract entered into by the customer.
12.6 These terms and conditions apply unless varied in writing by the supplier.
13. Loan Coffee Machines and or Grinders
13.1 The loan machine/s shall at all times remain the property of Cogent Solutions Group and is returnable on demand by Cogent Solutions Group. In the event that the loan machine/s is not returned to Cogent Solutions Group in the condition in which it was delivered Cogent Solutions Group retains the right to charge the Price of repair or replacement of the loan machine/s.
13.2 The Customer shall;
(a) keep the loan machine/s in their own possession and control and shall not assign the benefit of the loan machine/s nor be entitled to lien over the loan machine/s.
(b) not alter or make any additions to the loan machine/s including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the loan machine/s or in any other manner interfere with the loan machine/s.
(c) keep the loan machine/s, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by Cogent Solutions Group to the Customer.
13.3 The Customer accepts full responsibility for the safekeeping of the loan machine/s and the Customer agrees to insure, or self insure, Cogent Solutions Group interest in the loan machine/s and agrees to indemnify Cogent Solutions Group against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the loan machine/s. Further the Customer will not use the loan machine/s nor permit it to be used in such a manner as would permit an insurer to decline any claim. The Customer will promptly provide Cogent Solutions Group with the insurance certificates of currency for the same on request.
COGENT SOLUTIONS GROUP PTY LTD AS TRUSTEE FOR COGENT SOLUTIONS GROUP UNIT TRUST
Cogent Solutions Group Pty Ltd
A.C.N. 604 463 318
as trustee for
Cogent Solutions Group Unit Trust
A.B.N. 38 344 125 876
6 Mill Road
MOUNT BEAUTY VIC 3699