LEO GUISEPPE CONTI AND AUSILIA MARIA ANTOINETTE CONTI TRADING AS FORESTLAND SPRINGS (ABN 9161 7749 040)
Address: 1 Alpha Road, Busselton Western Australia 6280
Email:
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TERMS AND CONDITIONS OF SALE
1.INTERPRETATION
In these terms and conditions:
“The Customer” means the person, firm or company named in this tax invoice; “Forestland” means Leo Guiseppe Conti and Ausilia Maria Antoinette Conti trading as Forestland Springs (ABN 9161 7749 040); “Goods” means bottled natural spring water;
2. PAYMENT
2.1 Payment shall be made by the Customer within 30 days of receipt of a tax invoice to the address of Forestland Springs for the total amount shown in the tax invoice.
2.2 All payments made by cheque or electronic transfer are received by Forestland conditional upon the cheque or electronic transfer being honoured and be deemed paid when cleared by the Bank.
3. DEFAULT
3.1 Interest at the rate of 10% per annum shall be paid to Forestland by the Customer with respect to payment of tax invoices extending beyond the 30-day period referred to in clause 2 above. Such interest shall continue to be calculated until full payment has been received or until Forestland retakes or agrees to receive return of the goods.
3.2 The Customer shall be obliged to meet all costs and expenses incurred by Forestland in obtaining possession of the goods supplied and in addition any legal and any other costs incurred by Forestland in pursuing the customer for non payment of any related tax invoice.
3.3 Forestland reserves the right to cease any further deliveries to the Customer whilst any invoice remains overdue and unpaid. In the event Forestland agrees to continue to make deliveries such actions shall not constitute a waiver of any default by the Customer or in any way affect Forestland’s legal rights to pursue the Customer for payment of such overdue and outstanding invoices.
4. DELIVERY
4.1 Goods will be despatched according to Forestland’s chosen transport agent or chosen method.
4.2 The Customer shall accept delivery of all goods held by Forestland in respect of any order.
4.3 Forestland shall use its best endeavours to meet estimated delivery dates however the Customer agrees that delivery dates are not guaranteed.
5. RESERVATION OF TITLE
5.1 Title in any goods sold to the Customer shall remain the property of Forestland until the full purchase price is received by Forestland.
5.2 The Customer will store goods sold by Forestland in such manner which enables all goods in respect of which the full purchase price has not been paid, to be easily identifiable and shall hold such goods as Bailee for Forestland.
5.3 The Customer hereby irrevocably authorises Forestland to take back goods in respect of which the full purchase price has not been received by Forestland, without any notice in the event that the Customer fails to make any payment when payment is due. The Customer authorises Forestland to enter onto any land on which the goods are left and remove the goods.
5.4 The Customer hereby releases and indemnifies Forestland and any servant or agent of Forestland from any claim whatsoever for any loss or damage caused by Forestland or it’s servants or agents in enforcing Forestlands rights under this provision and any claims arising out of or in respect of the exercise or attempted exercise of such right which may be made against them.
5.5 For the purpose of recovery of any goods which remain the property of Forestland. Forestland may (without being responsible for damage thereby caused) at any time and by its servants or agents with vehicles enter upon any premises where the goods are stored or where they are reasonably thought to be stores and may resume possession of them and remove them from such premises.
5.6 If Forestland retakes possession of goods pursuant to its rights hereunder any contract for sale between Forestland and the Customer is thereby terminated and Forestland has the right to resell such goods without reference to the Customer.
5.7 The Customer shall keep any moneys received by the Customer in payment in part or in full for the goods supplied for the benefit of Forestland, and pay same to Forestland in due course.
6. SPECIFICATION
6.1 The Customer acknowledges and agrees that the water characteristics may differ due to factors such as the water source, seasonality and underground wells.
6.2 The Customer accordingly acknowledges and agrees that neither the proprietors of Forestland nor Forestland itself can be held liable in relation to any claims arising as a result of such differentiation in water characteristics and the Customer hereby jointly and severally indemnifies, releases and holds harmless the proprietors of Forestland from any such claims.
6.3 Any claim for damages howsoever arising against Forestland, its employees, subcontractors or agents relative to their conduct or in respect of the goods themselves, shall be limited to the invoice price of the goods concerned, and, at Forestland’s option, Forestland shall be entitled to offer to replace the goods concerned.
6.4 The description and specifications given by Forestland or on other printed material shall not be taken as implying or giving any undertaking as to quality or fitness for any particular purpose whatsoever.
6.5 Forestland shall not be liable for delay in delivery arising from any cause, including negligence on its part. The Customer shall be obliged to accept and pay for such goods as and when delivered. In no event shall Forestland be responsible for any loss of profits, penalties, expenditure or damages incurred by the Customer arising out of any delay in delivery.
6.6 Any claim by the Customer for failure to deliver, short delivery, supply of incorrect goods, faulty workmanship or pricing or calculation errors shall be made in writing within seven days of date of delivery.
7. CANCELLATION
7.1 Forestland reserves the right to cancel this contract or any order forthwith for reasons beyond the control of Forestland.
7.2 If Forestland cancels this Contract as contemplated in clause 7.1 above, any prepaid moneys will be immediately refunded by Forestland to the Customer.
8. LOSS OR DAMAGE IN TRANSIT
8.1 Forestland’s liability for loss or damage to the goods covered by this order is limited to vents in which their sole judgement have occurred prior to its delivery to the Customer.
8.2 Such loss or damage shall be limited to the replacement of the goods covered by this order;
8.3 Any loss or damage subsequent to delivery of the goods is to be at the risk of the Customer.
9. GENERAL
The Customer acknowledges and agrees that:
9.1 No returns, refund or credit will be given for misshapen bottles, imperfect labelling or leaking caps.
9.2 No refunds, returns or credits will be accepted nor refunds or credits given for any product sold in bulk where the safety seal on the caps have appeared to be damaged or tampered with.
9.3 Forestland shall not be liable for any damage to goods or packaging if stored incorrectly. For example, stored outside in exposed sun or rain or in extremely high or humid conditions.
9.4 Forestland shall not accept any return nor pass any refund nor exchange any goods that have passed their use by date or if the Customer made the purchase more than 3 months prior to such request unless otherwise agreed in writing by Forestland.
9.5Forestland shall not be liable for any damage to property occasioned by Forestland vehicles or vehicles engaged externally by Forestland when delivering goods to the Customer’s property.
9.6 Forestland will only refund or credit stock that has been physically returned to their warehouse with their consent within 1 month of Forestland being made aware that such stock is to be returned.
10. MODIFICATIONS OF TERMS AND CONDITIONS
No addition to or modification of any of these provisions shall be binding upon Forestland unless made in writing and signed by a duly authorized representative of Forestland. These provisions constitute the agreement of the parties and any terms, oral or written, not specified herein, shall not be binding. The terms, conditions and warranties of sale contained herein shall take precedence in determining the legal relationship of the parties.
11. NO INDULGENCE
Any indulgence as to time or otherwise granted by Forestland to the Customer shall not affect Forestland’s rights under this agreement.
12. ASSIGNMENT
Forestland may assign its interest under this Agreement to a third party without the consent of the Customer.
13. PROPER LAW
13.1 This Agreement shall be construed and take effect in all respects in accordance with the laws of Western Australia.
13.2 The parties agree to submit to the jurisdiction of the Courts of Western Australia in respect of any matter or thing arising out of this Agreement.
Terms & Conditions
