A family owned Australian business
©Admiral Distributors 2017, all rights reserved.
In these terms and conditions:
(a) The Buyer means the entity, its successors and assignees, staff, employees, agents or representatives where such person is acting in the course of employment.
(b) The Seller means Admiral Distributors, its successors and assignees, staff, employees, agents or representative where such person is acting in the course of employment.
The buyer acknowledges that the following conditions apply to the supply of goods and/or services:
Any instructions received by the seller from the buyer for the supply of goods and/or the buyers acceptance of the service and/or goods supplied by the seller shall constitute acceptance of the Terms and Conditions contained herein.
The buyer must only use the goods for the purpose for which they are intended, comply with all legal requirements of use & storage and all directions of use provided by the seller.
The buyer must only allow competent trained staff to use the goods and the buyer indemnifies the seller against any claim arising from use of the subject goods.
The seller will not be liable and will be indemnified by the buyer for any damage, claim or loss to property or person including any consequential loss whatsoever arising from the sale of the goods to the buyer.
The buyer accepts and acknowledges being in a fiduciary relationship with the seller.
Upon acceptance of these Terms and Conditions by the buyer the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions or with the written consent of the seller.
In the event of any part or provision of this document being unenforceable through a change of law or otherwise it shall be accepted that this will only apply to the subject part and that the remainder of the terms and conditions of this document are agreed to and are enforceable.
1. Goods and/or Services
1.1 The goods and/or services shall be as described in the invoice, quotation, work authorisation, sales order or any other work commencement forms as provided by the seller to the buyer.
2. Account Terms
2.1 If the buyer has been trading with Admiral Distributors for more than 2 months, the buyer may apply for the establishment of an account by completing an account application form.
2.2 Terms are strictly end of month of sale. E.g. goods that are purchased in September are due for payment before the first week of October. Failure to comply with these terms may result in credit facilities being removed or placed on hold and the account transferred to cash on delivery. Accounts will remain on hold until payment is received.
2.3 Any account that is still outstanding at the 30th day may have its credit facilities removed.
2.4 If payment is not received within the prescribed period, Admiral Distributors retains the right to charge interest at its bank’s current overdraft rates per calendar month or part thereof.
3.1 It is the intention of the seller and agreed by the buyer that title of goods shall not pass until:
(a) The buyer has paid all amounts for the particular goods, and
(b) The buyer has met all other obligations due by the buyer to the seller in respect of all contracts between the seller and the buyer, and that the goods, or proceeds of the sale of the goods, shall be kept separate until the seller shall have received payment and all other obligations of the buyer are met.
3.2 The seller shall not be deemed to have waived or lost any of its rights by reason of giving any extension of time to the buyer in respect to making payment for goods supplied.
3.3 If the buyer does not pay for any goods supplied as per the terms of clause 3.1, the seller or its representative is hereby irrevocably authorised by the buyer to enter the buyer’s premises (or any premises under the control of the buyer or an agent of the buyer if the goods are stored at such premises) and use reasonable force to take possession of the goods without liability or the tort of trespass negligence or payment of any compensation to the buyer or agent whatsoever.
3.4 In the event of a payment outstanding for more than sixty (60) days the buyer will be liable to meet in full the seller’s legal costs and debt recovery fees.
3.5 In the event that the seller commences legal proceedings for the recovery of any monies due by the buyer, the buyer agrees and acknowledges that in all such proceedings the Magistrates Court and the District Court in Queensland shall be deemed to have jurisdiction to hear and determine that said court proceedings and this condition shall be deemed to be a condition of every contract entered into between the buyer and the seller hence forth.
3.6 Goods are deemed to be at the risk of the buyer from the time of delivery.
4.1 All quotations are valid for thirty (30) days unless otherwise stated.
5.1 All deliveries will be subject to delivery charges unless otherwise stated. Without being liable to pay indemnity, the seller reserves the right to cancel the contract or agreement to supply entirely or in part or to extend the delivery time when and if required.
5.2 The seller will not be liable for any non-delivery attributable to delays caused through customs, transport, quarantine, lockouts, strikes, wars, cargo loss or delivery delays of any nature.
6.1 Some products we sell are imported and therefore pricing depends greatly on the foreign exchange rates over which we have no control and therefore may be altered without notice. The seller reserves the right to vary the price quoted after that price has been accepted by the buyer.
7. Returns, Warranty and Claims
7.1 Subject to these conditions, where the buyer having reasonable grounds to reject goods supplied to it by the seller returns those goods to the seller in original condition within seven (7) days of receiving delivery of those goods from the seller but not later, the buyer shall return goods at their cost.
7.2 Where goods have been specially ordered at the buyers request the buyer will not upon any ground be entitled to reject delivery of those goods but if he rejects those goods upon delivery or thereafter the seller will nevertheless be entitled to recover the price from the buyer. Where the buyer returns goods supplied to it by the seller at a date after seven (7) days of receiving delivery of those goods from the seller or without having reasonable grounds to reject those goods the buyer will be liable to pay to the seller an amount equivalent of 15% of the seller’s price of those goods in addition to freight, handling and administration costs of return goods.
7.3 The seller’s goods hold the manufacturer’s warranty unless otherwise stated.
7.4 Claims for damaged goods shall be made in writing immediately upon receipt of goods and no claim will be recognised unless made within seven (7) days of the receipt of the goods to which the damage is alleged. The seller does not accept responsibility for damage in transit where the transport company that is used to deliver the goods to the buyer has been nominated by the buyer.