Terms and Conditions
Roadsafe TERMS AND CONDITIONS OF SALE
GENERAL TERMS & CONDITIONS
All orders accepted by, and goods supplied by Specialist Wholesalers Pty. Ltd. trading as Roadsafe (Roadsafe) are subject to the following terms and conditions.
1. Account terms for established Trading Accounts are STRICTLY 30 DAYS, payment being required within 30 (thirty) days from end of month invoice.
2. Supply will be stopped on accounts regarded as overdue until the account is brought back to an acceptable level.
3. Returns for Credit must be received within 14 (fourteen) days of the invoice date (invoice date & number to be quoted), freight prepaid. Goods and packaging must be received in a clean and re-saleable condition. All goods returned for credit are subject to a 20% handling charge.
4. Products supplied are guaranteed against faulty workmanship and/or material with a replacement warranty.
5. Above warranty is for 90 (ninety) days from date of invoice unless manufacturer’s warranty varies.
6. Goods specially procured are not acceptable for credit.
7. Prices are subject to change without notice. Goods and Services Tax (GST) is not included in the published prices. The ruling GST shall apply to all goods, freight and other items invoiced.
8. All goods are supplied on the condition that they remain the sole property of Roadsafe until any debt is paid for in full without requiring alignment to invoices remaining unpaid. All goods are at the Purchaser’s risk upon delivery. (refer below to Retention of Title clause.)
9. Freight Charges for delivery are payable by the Purchaser.
10. Return freight charges for units under claim and core returns are payable by the Purchaser.
11 In the event of the collection process being initiated the customer will bear all collection costs (including Solicitor costs) until such time as all outstanding monies owed to Roadsafe are paid in full.
RETENTION OF TITLE, RISK & ROADSAFES SECURITY INTEREST IN GOODS
Risk in the goods passes to the customer upon delivery. Title to the goods so delivered shall only pass to the customer free of encumbrances upon payment in full by the customer of all monies due by the customer to Roadsafe on any account. Until all monies due by the customer to Roadsafe on any account are paid to Roadsafe:
(a) The customer shall hold the proceeds from the sale of any goods on trust for Roadsafe;
(b) The customer acknowledges and agrees that it grants Roadsafe a “Security Interest” (as that term is defined in the Personal Property Securities Act 2009 (Cth) (PPSA)) in the goods and that:
(ii) Roadsafe’s Security Interest secures all monies owing by the customer to Roadsafe on any account;
(iii) Roadsafe’s Security Interest in the goods (and the proceeds) is a “Purchase Money Security Interest” (PMSI) under the PPSA to the extent that it secures payment of the amounts owing in relation to the goods;
(iv) Roadsafe may apply any monies received by the customer first to satisfy any portion of the debt that is unsecured, second to satisfy any portion of debt that is secured but not by a PMSI and third to satisfy any portion of debt that is secured by a PMSI, or in any other manner Roadsafe sees fit; and
(v) Roadsafe’s Security Interest attaches to the goods when the customer attains possession of the goods;
(c) Roadsafe is and will be entitled at any time to demand the return of the goods, to retake possession of the goods and to recover the deficiency on resale plus costs of repossession from the customer and the customer must do all things necessary to immediately permit Roadsafe without notice and without liability to Roadsafe, to enter and access any premises occupied by the customer in order to search for, locate, identify, retrieve and remove those goods to which Roadsafe has title;
(d) If there is any inconstancy between Roadsafe’s rights under this clause and its rights under Chapter 4 of the PPSA, this clause prevails;
(e) If Chapter 4 of the PPSA would otherwise apply to the enforcement of Roadsafe’s Security Interest, the customer agrees that the following provisions of the PPSA will not apply:
(ii) Section 120 (enforcement of liquid assets);
(iii) Section 121 (4) (enforcement of liquid assets – notice to the customer)
(iv) Section 125 (obligation to dispose of or retain collateral);
(v) Section 128 (Roadsafe may dispose of collateral);
(vi) Section 129 (disposal by purchase);
(vii) Section 130 (notice of disposal, to the extent that it requires Roadsafe to give notice to the customer);
(viii) Section 132 (3) (d) (contents of statement of account after disposal) and 132 (4) (statement of account if no disposal);
(ix) Section 135 (notice of retention);
(x) Section 142 (redemption of collateral); and
(xi) Section 143 (reinstatement of security agreement);
(f) The customer agrees to provide all information and execute all documents necessary for Roadsafe to register and perfect Roadsafe’s Security Interest in the goods under the PPSA and agrees that all fees in relation to registration including amendments to any registration are to be borne by the customer; and
(g) The customer waives its right to receive any notice under the PPSA (including notice of a verification statement after registration or variation of a registration) unless a requirement for notice cannot be excluded under the PPSA.