TRADE CUSTOMER TERMS AND CONDITIONS

Marine Warehouse Pty Ltd Terms and Conditions of Sale

DEFINITIONS

In these terms and conditions of sale (“Terms”) unless the context otherwise requires: “Supplier” means Marine Warehouse Pty Ltd ACN 066 954 112 “Catalogue” means the range of Goods advertised for sale by the Supplier from time to time. “Due Date” for the payment of an Invoice, is the 30th day of the month following the date of an Invoice. For example, the Due Date for an Invoice dated 3 March will be 30 April. “Invoice” means a tax invoice issued by the Supplier for the sale of Goods to a Purchaser, which may include additional charges, including but not limited to freight and taxes. “Price List” means the price for Goods published by the Supplier or as advised by the Supplier in writing from time to time. "Purchaser” means a person or company that places an order to purchase Goods with the Supplier or to whom the Supplier provides a quotation for the sale of Goods; and"Goods" means the range of stock items or groups of items listed for sale by the Supplier, or supplied by the Supplier to a Purchaser, from time to time.


PRICING

Prices shown in the Price List are subject to change without prior notice. Prices are current at the time of publishing. Orders for Goods accepted by the Supplier will be invoiced at the current price for the Goods at the time of dispatch.


PAYMENT TERMSM

Credit may be made available to Purchasers who apply, and who are approved by the Supplier to be extended account terms. Accounts must be paid by the Due Date for each Invoice. Payments received before Goods are dispatched will attract a 2% payment discount on the total Invoice price. If payment is not received on an Invoice by the Due Date, an administration fee of 3.5% of the invoice total will be added to each overdue Invoice, each month that it remains overdue. If payment for an Invoice is made by cheque, payment is not deemed made until that cheque is honoured upon presentation. If any cheque payment is dishonoured, an accounting fee of $20 will be charged to the account for each dishonoured cheque. If legal action is required to be taken to recover payment on outstanding accounts or Invoices, the Purchaser will be liable for all costs incurred by the Supplier of and incidental to this legal action. Direct payments by EFT are to be made to the Supplier’s account details identified on the Invoice. The Purchaser must give the Supplier written confirmation of the direct payment (fax or email). Payments by EFT are the Supplier’s preferred method of payment. Accounts not maintained in accordance with these Terms will be placed on “Stop Credit" and the Supplier will not sell or deliver any further Goods to the Purchaser.


GOODS AND SERVICES TAX ("GST")

GST will be charged at the rate of 10% on all Goods sold by the Supplier. The total GST will be listed separately on the Invoice. All prices shown in the Price List are exclusive of GST.


RESERVATION OF TITLE

The Supplier retains the title, property and ownership in all Goods ordered, delivered or agreed to be sold to the Purchaser until the Supplier’s Invoice for the Goods has been paid in full. The risk in any Goods supplied to the Purchaser will pass when the Goods are delivered to the Purchaser (or to another party nominated by the Purchaser). Without prejudice to any of the Supplier's other rights or remedies, the Purchaser grants and the Supplier accepts an irrevocable right, licence and authority to enter upon any premises occupied by the Purchaser to recover and take possession of any Goods that are the property of the Supplier and that are reasonably believed by the Supplier to be on the premises.


DELIVERY

All Goods are sold ex warehouse. Delivery of Goods is deemed effected:

  • when the Goods have been collected by the freight company from the Supplier; or
  • when the Purchaser or the Purchaser's agent or freight company has collected the Goods from the Supplier.

RETURNS AND CLAIMS

No returns for Goods will be accepted without the prior agreement of the Supplier. Claims for returns must be made within 72 hours of the receipt of the Goods. Returns must be accompanied by:

  • the Supplier's Invoice (or Invoice number); and
  • a statement by the Purchaser of the reason for the return of the Goods.

Returns must be in original condition, in original packaging, with no alterations, amendments or missing items. Goods are to be returned with freight prepaid with the exception of:

  • warranty claims on Goods; or
  • Goods supplied due to the Supplier's error.

A restocking fee of 10% of the value of the Goods will apply where:

  • the Supplier has supplied stock ordered by the Purchaser in good condition;
  • no warranty claim is made; and
  • the goods have not been supplied due to the Supplier’s error.

GUARANTEE

All Goods supplied by the Supplier are guaranteed free from any defect at the time of dispatch. Any Goods considered by the Supplier to be defective will be:

  • replaced; or
  • credit given

at the Supplier's discretion, provided that the Supplier is notified promptly and the Goods are returned to the Supplier for inspection in accordance with these Terms. This guarantee is void if any repairs to the Goods are attempted by anyone other than the Supplier. The Supplier will not be responsible for any labour costs that may be incurred in the replacement of any Goods. The Supplier will not be liable to repair defects in any Goods where the costs of repair exceed the replacement cost of the Goods to the Supplier. The guarantee contained in these Terms is limited to Purchaser credit accounts maintained in accordance with these Terms. Any Goods used on hire, charter or commercial craft are excluded from the benefit of the guarantee contained in these Terms.


SPECIFICATIONS

Specifications shown in the Supplier's Catalogue are correct to the best of the Supplier's knowledge at the time of publishing. The Supplier accepts no responsibility for any discrepancies in this regard. The Supplier reserves the right to amend or update any specifications for any Goods in the Catalogue without prior notice.


BACKORDERS

Backorders will not be generated for Goods unless a Purchaser asks the Supplier to backorder Goods for them. The Supplier will make every reasonable effort to contact a Purchaser when Goods on backorder have been received into stock.


COPYRIGHT

No part of the Supplier's Catalogue or Price List may be re-printed or reproduced, in whole or in part, without the prior consent of the Supplier.



These Terms accompany the Marine Warehouse Catalogue and Price Lists.