Terms & Conditions
Terms & Conditions of Sale
- Scope: All goods and services (“Products”) supplied by London Fire & Safe Pty Ltd (“LFS”) are supplied on these terms and conditions, with the exception of products which have additional terms and conditions of sale.
- Order Acceptance: No order shall be binding on LFS until accepted by LFS. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by LFS of an order from the Customer. LFS reserves the right to accept any order in whole or in part. Where LFS makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by LFS.
- Payment Terms: All credit orders are accepted by LFS subject to satisfactory credit approval of the Customer, and are governed by LFS’ credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products or Services supplied is required on delivery. Where credit has been granted, payment for the Products or Services is to be made on or before 7 days from the date of invoice, or 15 days from the date of a consolidated monthly statement, whichever is the earlier. Payment must be made in full without set off or deduction. LFS will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer.
- Title to Products: Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to LFS. Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer. The Customer grants to LFS, its agents and servants, leave and licence to enter at any time on and into any premises occupied by the Customer to inspect, search for or remove any of the Products. If the Products are sold by the Customer, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of LFS, to hold the proceeds of sale on trust for LFS, in an account in the name of LFS, until payment in full for the Products is made to LFS.
- Delivery: a) LFS reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by LFS. b) A handling fee may be incurred on all orders.
- Returns: Any Products which are damaged or defective, or which are not otherwise in accordance with the Customer’s order, or which the law provides may otherwise be returned to London Fire & Safe Pty Ltd may be returned to LFS within a reasonable time after the Customer has had a reasonable opportunity of inspecting the Products, at no cost to the Customer. The Customer may otherwise return Products to LFS and obtain a credit:
a) Except for specially purchased products, products specifically tailored for the Customer’s requirements
b) Provided that it does so within 7 days of delivery and a return authorisation is obtained from LFS;
c) provided that the Products are in their original packaging, unopened, of a current make and model, and otherwise as new and in a saleable condition;
d) At the Customer’s own expense, or to the Customer’s account; and
e) on the basis that risk in the Products remains with the Customer until the Products are received by LFS, and that a restocking or return fee may be charged. Notwithstanding the provisions of this clause 6, London Fire & Safe Pty Ltd will not accept a returned Product where the Customer has caused the Product to become unmerchantable or failed to take steps to prevent the Product from becoming unmerchantable or the Product has become damaged by abnormal use whilst in the possession of the Customer.
- Customer Specific Stock: Where LFS has agreed to procure and/or warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, LFS may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies LFS against all claims, demands, loss, costs and expenses incurred by or made against LFS, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that LFS may use, print or reproduce at the Customers request.
- Liability: Except for those required or implied by legislation, LFS gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of LFS. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of LFS under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation shall be limited, at the option or LFS to:
a) If the breach or liability relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired;
b) If the breach or liability relates to services; (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.Except to the extent the law provides that liability is not able to be excluded, LFS shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by LFS or the failure of LFS to comply with these terms and conditions.
- Conflicts: These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, LFS will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. LFS reserves the right to change these Terms and Conditions at any time.
- GST: LFS reserves the right to recover from the Customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the Customer.
- Jurisdiction: These terms and conditions are governed by and will be construed in accordance with the laws of Queensland and the parties agree to submit to the jurisdiction of the courts of that state.
- No Waiver: The failure by LFS to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.
Terms & Conditions of Credit
- The Applicant warrants that the information provided is accurate, correct and complete and is supplied for the purpose of obtaining credit.
- The person/s signing below warrants that he/she is duly authorised by the Applicant to apply for credit and execute this Application on its behalf.
- The applicant agrees that it is not entitled to any credit facilities until it receives notice in writing from London Fire & Safe Pty Ltd ABN 72 060 155 964; ("London Fire & Safe Pty Ltd" ) stating that credit facilities have been given and confirming the terms and conditions upon which such credit facilities are given. Until the Applicant receives such notice, any goods that are supplied by London Fire & Safe Pty Ltd to the Applicant shall be on basis of cash upon delivery.
- The parties agree that if, prior to formally approving credit, London Fire & Safe Pty Ltd grants to the Applicant time to pay for any goods supplied, it does so on these terms and conditions.
- In the event of London Fire & Safe Pty Ltd granting credit facilities to the Applicant then:
(a) all accounts are to be settled in full within the agreed trading terms noted on the London Fire & Safe Pty Ltd statement and/or invoice. Credit facilities may only continue if payment is maintained in accordance with those agreed trading terms.
(b) Should the Applicant default in making any payment in accordance with the agreed trading terms, then all monies due to London Fire & Safe Pty Ltd shall immediately become due and payable. London Fire & Safe Pty Ltd shall be entitled to charge interest at the rate of 3.0% per calendar month on all overdue amounts from the due date for payment until the date of actual payment.
(c) Any expense and/or costs or disbursements incurred by London Fire & Safe Pty Ltd in recovering any outstanding monies including debt collection agency fees and legal costs shall be paid by the Applicant.
(d) It is expressly understood and agreed that this credit arrangement may be terminated at any time by London Fire & Safe Pty Ltd. In that event, all monies owing to London Fire & Safe Pty Ltd will be immediately due and payable.
(e) London Fire & Safe Pty Ltd may at any stage during the continuance of the credit arrangement impose as a condition precedent to the grant of further credit that the Applicant give such security or additional security as London Fire & Safe Pty Ltd shall in its discretion think fit. London Fire & Safe Pty Ltd shall be entitled to withhold supply of goods or further credit until such security or additional security is obtained.
- Where the Applicant is a Trustee, the Applicant shall be liable on the account and in addition the assets of the Trust shall be available to meet payment of any monies due and owing to London Fire & Safe Pty Ltd.
- The Applicant will notify London Fire & Safe Pty Ltd no later than 14 days after any change of ownership, change in its particulars, any alteration or addition to shareholders or directors, and any change, alteration or addition to the Applicant’s internal structure and senior management.
- The Applicant and, in the case of a corporate Applicant, its directors, hereby authorises and unconditionally grants its consent to London Fire & Safe Pty Ltd obtaining from a credit reporting agency or other person or company, information and/or reports concerning it from time to time during the continuance of its cedit account so as to assist London Fire & Safe Pty Ltd in deciding whether to grant credit or to continue to grant credit to it or for collecting overdue payments in respect of commercial credit applied for or provided to it. The Applicant further authorises and consents to London Fire & Safe Pty Ltd obtaining and disclosing information about its credit worthiness to and from credit reporting agencies and credit providers (including identity particulars and details or overdue payments), who have or are or intend to enter into some commercial or business dealings with it and/or grant credit to it. For the purposes of this paragraph "report" and "information" include any credit report originating from a credit reporting agency or any other record or information that has bearing on the Applicant' s creditworthiness, credit standing, credit history, credit capacity and personal information.
- The parties agree that these terms and conditions of credit shall be governed and construed in accordance with the laws of the State of Queensland and the parties agree to submit to the jurisdiction of the Courts of that State.
- The terms and conditions of sale are expressly incorporated into these terms and conditions of credit and shall apply in respect of all sales made to the Applicant.