1. Spacewriter Australia will use its best endeavours to deliver the Products to the place of delivery specified by the Customer on the proposed delivery date but in no event will it be liable for any loss or damage suffered by the Customer as a result of the Products being delivered after the proposed date.
2. The Customer must allow Spacewriter Australia or its delivery agent free access to the place of delivery at all reasonable times in order to effect delivery of the Products.
3. Spacewriter Australia will freight the Products to the place of delivery as specified by the Customer. Freight and handling charges are the responsibility of the customer.
4. Risk in the Products passes to the Customer upon collection by or delivery to the carrier at Spacewriter Australia premises and the Customer must insure the Products at its own expense and maintain such insurance until title passes to the Customer.
5. Despite clause 4 above, title in the Products (both legal and beneficial) remains in Spacewriter Australia notwithstanding delivery to the Customer or its carrier until Spacewriter Australia receives payment in full of all money owing by the Customer to Spacewriter Australia (whether in respect of money payable under the invoice for this order, another invoice or specific contract or any other account whatsoever). If the balance of this clause is held to be unenforceable or ineffective for any reason, the Customer agrees that title in the Products does not pass until Spacewriter Australia has received payment in full for those Products that are subject of this order.
6. Until title passes to the customer, the customer must by separate storage or some other means, ensure that the Products are readily identifiable as the property of Spacewriter Australia and must keep the Products as bailee for and on behalf of Spacewriter Australia.
7. If payment is not made within 3 days of final demand in writing made by Spacewriter Australia, the Customer irrevocably authorizes Spacewriter Australia without prejudice to any other remedies Spacewriter Australia may have, to enter the premises where the Products are stored and re-take possession of the Products.
8. Notwithstanding the above, before Spacewriter Australia has received full payment for the Products authorised resellers will be entitled to offer for sale the Products in the ordinary course and Spacewriter Australia will be legally and beneficially entitled to the proceeds of any such sale to the extent of any payment due to Spacewriter Australia and the Customer must keep the proceeds of any such sale separate from its own moneys and account to Spacewriter Australia for such proceeds and Spacewriter Australia will have the right to trace the proceeds according to the rules of common law and equity. A like right will apply where the Customer uses the Products in any way so as to be entitled to payment from a third party.
Return of Goods for Credit
No Products will be accepted for return without prior notice and without the original packaging being unopened and undamaged. A full credit will be allowed on Product returned within 7 days of invoice. Product returned after 7 days and up to 30 days after invoice will incur a handling charge of 10% of the selling price. A credit will not be allowed on Product returned after 30 days from invoice. Product returned for credit must be freight paid to the Spacewriter Australia office specified by a Spacewriter Australia Returns officer at time of requesting the return, and invoice number, date and reason for return must be supplied.
“Spacewriter Australia” means VPS Group Pty Ltd atf The Reicmar Family Trust T/As Spacewriter Australia
ABN: 14 029 894 838.
“Customer” means the party to whom the invoice for a sale is addressed.
“Product” and “Products” means the goods specified in the invoice.
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