Terms & Conditions
Price
All prices are as quoted to customer.
Retention of Title
Until payment in full for the goods has been received by National Industries, title and ownership in the goods shall remain with National Industries and the customer shall hold the goods as bailee for National Industries, although risk in the goods shall pass to the customer upon release of the goods to the customer or to authorized third party carriers. If the customer defaults in meeting payment for the goods to National Industries, National Industries may retake possession of any of its goods for which full payment has not been received. For this purpose, the customer agrees that National Industries may enter upon any premises occupied by the customer for the purpose of inspecting the goods and retaking possession of its goods.
Payment
Cash payment on delivery or prepayment unless customer has an approved 30 day end of month (EOM) credit account in which case payment strictly within thirty (30) days from the EOM in which invoices are raised. If payment is not received, the customer will pay National Industries reasonable costs, expenses and disbursements incurred in receiving or seeking to recover any overdue amount. National Industries reserves the right to charge interest on any overdue account calculated at the rate of 4% higher than the interest rate prescribed under the Penalty interest Rate Act (Vic).
PPSR
In addition to the retention of title rights in favor of National Industries, as security for the due and punctual payment of any moneys owing by the customer, the customer:
- Charges and grants a security interest to National Industries in all of the customer’s present and future rights and interests in the goods sold by National Industries to the customer from time to time and to any proceeds as defined in the Personal Property Security Act 2009 (Cth) (PPS Act) of the products
- Charges in favor of National Industries as an additional and separate security interest, all present and future Accounts, Chattel, Paper (as defined in the PPS Act) and other rights and chooses in action which form part of or relate to the goods or any part of them at any time.
The customer acknowledges that it grants to National Industries a security interest as defined in the PPS and that it shall do all things reasonably required by National Industries to enable National Industries to register its security interests with the priority National Industries requires and to maintain the registration.
Liability
The liability of National Industries for any damage, loss, delay or non-delivery of any cause, ceases upon the release of goods to authorized third party carriers. National Industries, to the fullest extent permissible at law, limits its liability in its sole discretion to either:
- Re-supplying the goods and service again
- Meeting the cost of having the goods and services supplied again
National Industries will not be liable for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect or contingent loss suffered by the customer, whether claims are made or not, to the fullest extent permissible at law.
Goods Delivery & Acceptance
Delivery of goods ordered will be made in accordance with the quotation given to the customer. The customer will be deemed to have accepted goods unless it notifies National Industries to the contrary within 5 business days of the delivery date.
Return of Goods
In respect of any defective goods or non-compliant goods to the order placed, the customer must notify National Industries within 5 business days of delivery of such goods. National Industries will thereupon arrange inspection of the said goods and/or determine whether the goods should be returned to National Industries or delt with in some other manner. If goods are deemed to be defective a return number will be issued and once issued goods can be returned for credit.
Severance & Law
If any provisions of these terms and conditions are not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms. Further, if any part of these terms and conditions are invalid or unenforceable, that part is deleted and the remainder of the terms and conditions remain effective. Further the law and jurisdiction applicable to any order placed with and accepted by National Industries in Victoria.