1 - General

EXISTCO means Existco Pty. Ltd., A.C.N. 108 989 180 of 406 Newcastle Street West Perth WA 6005.

2 - Terms & Credit

EXISTCO’s normal terms are cash on delivery via EXISTCO dispatch. Other methods of dispatch require cash with order.

A credit facility is available by request on application.

For those approved dealers who qualify for the extension of trade credit (i.e., those who have completed Existco Pty Ltd application for credit and personal guarantees), our terms will be as approved.

EXISTCO reserves the right at all times and without notice by our discretion to:

1. refuse to grant credit;
2. stop credit;
3. require fresh application/personal guarantee;
4. selectively withdraw any discount offerings; and
5. charge interest on any balance remaining outstanding after the due date at a rate equivalent to the prevailing bank interest rate on unsecured loans.

Credit Limits are established by EXISTCO and confirmed in writing at the time of opening a trading account. Credit Limits may be adjusted from time to time by EXISTCO at its discretion.

3 - Prices

The purchase price of EXISTCO products is as a per EXISTCO most recent published price list at the time EXISTCO dispatches those products. EXISTCO will use its best endeavors to keep its customers informed of the current prices for EXISTCO products and notify any changes or variations to its current price list. However, EXISTCO may alter any prices without prior notice.

4 - Warranty

All products purchased from EXISTCO are covered by the manufacturers’ warranty. Please refer to published price list for warranty details and the specified repair period for each product.

EXISTCO will give warranty service, only to customers who have purchased goods directly from EXISTCO and do not bear any service obligation towards customers who may have purchased the goods through other channels.

The customer cannot claim warranty service if the customer’s account with EXISTCO is not cleared in accordance with the credit terms set out in this document. EXISTCO reserves the right to withhold warranty service whilst the customer’s credit account is in arrears.

5 - Orders

All purchase orders must clearly state the following:

1. Date
2. Company Name
3. Invoice Address
4. Delivery Address
5. Official Order Number
6. Method of Dispatch
7. Sales Tax authority (if applicable)
8. Contact Name & Telephone Number
9. Product Code
10. Product Description
11. Quantity of goods
12. Price as per Published price list
13. Payment Method

Orders not showing the above clearly may not be processed until verified.

6 - Stock Items

All products are subject to availability and prior sale.

7 - Sales Tax

Unless the customer submits an order with a valid Sales Tax registration number or exemption certificate signed by an authorised officer of the purchaser, or the product is otherwise exempt, the purchaser will be invoiced by EXISTCO the sales tax applicable for the transaction.

The law prevents EXISTCO from selling tax free on a certificate other than that of the customer himself.

8 - Freight & Insurance

All prices quoted in the published price list do not include freight, handling or insurance costs. These will show separately on official EXISTCO invoices.

9 - Stock Returns

EXISTCO may, but is not obliged to, accept the return of goods which are correctly ordered and correctly supplied. No goods will be accepted for return without prior written authorisation and shipping instructions obtained from EXISTCO. Freight and handling charges will be to the customers account. Goods returned will be subject to test and evaluation by the service section of EXISTCO, with the amount of credit, if any, subject to EXISTCO’s assessment and recommendations. If EXISTCO accepts any return the customer will pay to EXISTCO, or EXISTCO will deduct from any refund, a handling charge of 20% of the full purchase price of the products returned.

In the event that the customer considers that EXISTCO’s goods were delivered incorrectly or with defects or damage, the customer must notify details in writing, quoting the EXISTCO invoice number, within five (5) days of receipt of the goods. Should the customer fail to notify EXISTCO of any incorrect delivery within five (5) days of receipt of goods, it is agreed and regarded that the goods were delivered and received correctly and in good order.

EXISTCO will not accept the return of goods without a Return Authority Number (RA Number). Please refer to and follow the complete instructions contained in Appendix A on Returning Goods to EXISTCO. Any goods returned without an RA Number will be sent back to the customer at the customer’s expense.

Goods returned to credit, quoting an RA Number must be accompanied by a copy of the invoice and will only be credited if the goods are in a merchandisable condition i.e., no company stickers, price stickers or damage to the packaging.

10 - Title

EXISTCO will retain legal ownership of all EXISTCO products delivered to or collected by or on behalf of the customer until the customer has paid to EXISTCO the full purchase price and all relevant delivery and insurance costs for those products. Payment by cheque or other indirect means may be accepted but shall not be considered payment until cash is cleared.

11 - Trade Marks

EXISTCO does not authorise any customer to use EXISTCO, ABA or manufacturer trade marks, names or associated materials. To use these trade marks, names and associated materials, written approval must be given EXISTCO or the relevant manufacturer.

12 - Confidentiality

The customer will not disclose or permit the disclosure of any information concerning EXISTCO products (including that contained in technical, service and spare parts manuals), pricing or EXISTCO business affairs, and acknowledges that these are trade secrets and are strictly confidential.

13 - Entire Agreement

This policy contains the arrangement between EXISTCO and its’ customers and supersedes all previous negotiations, agreements and commitments.

14 - Non waiver

The waiver of one default will not constitute a waiver of any subsequent default of the same or different kind. Failure or delay in exercising any right will not be a waiver of that right.

15 - Liability

EXISTCO will not be liable for any loss, damage or injury to persons or to the property of the customer or any other person arising out of the use or possession of any EXISTCO product sold by or delivered to the customer.

No other warranty is expressed or implied as to the quality or fitness of the products for any particular purpose or otherwise.

16 - Payment of Accounts

Unless otherwise agreed between the Parties, payment terms are thirty (30) days NET from date of invoice. Each shipment shall be invoiced and paid when due without regard to other scheduled deliveries. Any delay in payment exceeding 10 working days shall be subject to a service charge of one point five percent (1.5%) per month and any subsequent shipments will be held until the account is brought current. Notwithstanding the foregoing, in the event payments are in arrears for more than thirty (30) days, Existco shall be entitled to (i) change the payment terms in effect without prior notice; and/or (ii) final demand letter sent out and further legal action might be raised if payments have not received in three days.

17 - Debt Collection

Existco hereby advises that, pursuant to s. 18E(8) of the Privacy Act 1988, information disclosed in the course of Existco Pty Ltd credit application may be disclosed to a credit reporting agency. Under Section 18E(8)(c) of the Privacy Act 1988 Existco is allowed to give a credit reporting agency personal information about the Customer’s credit application, information which may be given to an agency is covered by Section 18E(1) of the Act and includes identity particulars (as permitted by the Privacy Commissioner’s determination issued under Section 18E(3)); the fact that the Customer has applied for credit and the amount, the fact that Existco is a credit provider to the Customer, payments which become overdue outside of agreed trading terms and for which collection action has been commenced; advice that payments are no longer overdue; cheques drawn by the Customer which have been dishonored more than once; in specific circumstances, that in the opinion of Existco you have committed a serious credit infringement; that credit provided to you by Existco has been paid for or otherwise discharged.

Pursuant to ss. 18K(1) and 18N (1) of the Privacy Act 1988 and para. 2.12 of the Credit Reporting Code of Conduct issued under s. 18A of that Act, the Customer hereby agrees to Existco obtaining personal information from a credit reporting agency or a credit provider for the purpose of assessing an application for commercial credit (including information as to creditworthiness); and agree to that agency or provider providing that information to Existco for that purpose. You further agree to the obtaining from, and provision by, such agency or provider further credit reports, which may assist Existco in recovering any sums outstanding under the terms of the commercial credit agreement to which this application may lead.

18 - Disputed Accounts

Should a dispute ever arise regarding the account, all items not in dispute on the account remain due and payable within the terms agreed upon from the date of the invoice. All other terms set out above remain enforceable.