© 2018 CROWN FABRICATIONS PTY LTD

Last updated: January 2019

1. Terms

a.  Every purchase from CROWN INDUSTRIES® (CROWN) is subject to these Standard Terms & Conditions of Sale.

b.  These Standard Terms & Conditions of Sale override all other Terms & Conditions of Sale, whether expressed or implied in oral or written form.

c.  Where a Customer fails to comply with these Standard Terms & Conditions of Sale the customer may be deemed to be in breach of contract and subject to the applicable law as stated herein.  CROWN may refuse to deliver further goods to any such Customer until any breach has been remedied.

d.  These Standard Terms & Conditions of Sale may be modified only by the CROWN Managing Director at any time.

2. Payment

a.  Account Customer

i.    An Account Customer is a Customer who has been granted a Credit Arrangement with CROWN

ii.   The Standard Payment Term for an Account Customer is 30 Days from the end of the month in which the invoice is dated.

b.  Non-Account Customer

i.    A Non-Account Customer is a customer who does not have a Credit Arrangement with CROWN. The Standard Payment Terms for a Non-Account Customer is 100% payment up front unless otherwise agreed to by the CROWN Chief Financial Officer.

c.  Credit Policy

i.    Customers granted a Credit Term Facility must make physical payment prior to or on the due date.

ii.   Where a Customer does not make physical payment prior to or on the due date, CROWN reserves the right to charge interest for every day that payment is late. The calculation for late payment interest is based on the outstanding amount divided by 365 x days overdue.

iii.  Customers granted a Credit Term Facility may have such a facility suspended or discontinued at the discretion of CROWN.

3. Payment Methods

a.   Payment Methods accepted by CROWN are:

i.    Cheque which is to be made out to CROWN Industries,

ii.   Electronic Funds Transfer which is to be made out to CROWN Industries, BSB: 013344 ACCOUNT: 311406868,

iii.  Credit Card using VISA or Mastercard. Unless authorised by the Managing Director, Credit Card Payments are not to exceed $650.00. Payments above $650.00 are required to be made via Cheque or Electronic Funds Transfer.

4. Pricing

a.  Goods are sold at the price current at the time of purchase, inclusive of any delivery charges.

b.  CROWN reserves the right to modify the price of goods as required.

5. Delivery

a.  CROWN delivery records will be the proof of delivery of goods and that the goods are in accordance with the customer requirements, which are stated therein. CROWN delivery records will be evidence of receipt and acceptance by the Customer notwithstanding the absence of any representative of the Customer at the delivery address.

b.  Unless specifically requested in writing by the Customer, CROWN will access and deliver goods to the Customer’s known site address. In gaining such access, CROWN will not be liable for any loss, damage or injury sustained by any person or persons arising out of or in any way connected with gaining such access, and CROWN will be at all times indemnified and will remain indemnified by the Customer post the delivery event.

c.  It is a Customer responsibility to ensure CROWN is aware of the physical delivery address. Failure to do so may render the Customer liable for any additional freight or cartage charges incurred as a result of incorrect delivery where it is the responsibility of CROWN to facilitate delivery.

d.  Unless specifically requested by the Customer in writing and/or a separate agreement exists between CROWN and the Customer, goods delivered will be accompanied by an invoice that will disclose the charged freight and handling fee components (when applicable).

6. Quantity Delivered

a.  Every endeavour will be made to deliver the correct quantity ordered, but owing to the challenges in producing exact quantities at times, the Customer agrees that in providing CROWN with a Purchase Order, the Customer accepts a variation of 5% on the delivered quantity where CROWN manufactures the items and the quantity exceeds 100 single items.

7. Title

a.  Goods supplied to the Customer by CROWN will remain the absolute property of CROWN until such time as all funds owing to CROWN by the Customer have been paid to CROWN. This includes goods whereby the Customer supplied the raw materials and/or components and CROWN converted such materials and/or components into finished product.

b.  CROWN reserves the right to take possession of and/or dispose of goods supplied to the Customer at any time until it has received payment of all owed monies.

c.  The Customer grants permission to CROWN and its representative to enter any Customer property where unpaid goods are held.

8. Risk

a.  Risk for goods delivered will pass to the Customer immediately upon delivery where CROWN is responsible for the delivery.

b.  Risk for goods to be collected will pass to the Customer immediately upon collection where the Customer has arranged collection of the goods.

c.  Until such time as CROWN has received payment of all monies owed by the Customer, the Customer agrees to:

i.    Ensure all goods supplied by CROWN are stored in a manner that clearly discloses CROWN is the sole owner of the good,

ii.   Care for all goods supplied by CROWN in a manner that ensures all goods are not subject to conditions that may cause damage of any kind, and

iii.  Only sell goods supplied by CROWN on the condition that the customer holds all proceeds on trust for CROWN.

9. Ordering of Goods

a.  It is a Customer responsibility to ensure the Customer’s Purchase Order clearly shows all the information required by CROWN to supply goods to the required specification.

b.  Information required on a Customer Order to CROWN includes: Date of Order, CROWN Product Code, Customer Product Code (if applicable), Product Description, Quantity, GST Exclusive Price, GST Component, Freight Component (if applicable) and Total Price.

c.  The Customer is to provide CROWN with all information as requested by CROWN on a case-by-case basis in order for CROWN to fulfil the order in accordance with the Customer’s requirements.

d.  Where a Customer wishes to modify an order, such an order may be modified where CROWN has not yet processed the order and, regardless of the accepted modification, the Customer agrees to accept there may be changes to the order value and the agreed date of delivery.

10. Order Cancellation

a.  A Customer Purchase Order to CROWN binds the Customer to the Terms & Conditions of Sale herein. The Customer must advise CROWN within twenty-four (24) work hours of placing the order if the Customer wishes to cancel the order. Where a Customer cancels an order later than twenty-four (24) work hours after CROWN has received the order, the Customer may be liable for work conducted by CROWN in the fulfilment of that order. Such liability will be at the discretion of CROWN.

11. Return of Goods

a.  CROWN is not obliged to accept the return of any goods and/or credit such goods, which have been ordered in error by the Customer.

b.  CROWN is not obliged to accept any goods for return unless expressly provided to do so by legislation or contract.

c.  Only returned goods that are in as new condition may be accepted for credit, and any credit may be reduced by freight and handling fees at the discretion of CROWN.  A restocking fee will apply to returned goods calculated at 5% of the purchase price (per item).

d.  CROWN refuses to accept the return of any goods that have been used in an application for which the goods were not intended.

12. Warranty

a.  CROWN warrants all its products against defects in materials and workmanship for a period of twelve (12) months from the date of purchase or as otherwise specifically specified.

b.   CROWN does not warrant against defects in materials where a Customer provides the materials to CROWN.

c.    CROWN does not warrant against product failure where a product has been utilised in an application other than that for which it was designed.

d.    CROWN does not warrant against product failure where the void if removed tab (where applicable) shows signs of disruption.

e.    CROWN is the authorising agency for all warranty repairs. Repairs undertaken as warranty repairs, which are not formally authorised by CROWN, are conducted at the risk of the repairer. In such a case,  CROWN may not cover the cost for repairs.

13. Customer Furnished Materials

a.  Unless an agreement exists between CROWN and the Customer, CROWN is not to be held liable for any loss or damage to Customer Furnished Materials delivered to the CROWN premises.

b.  CROWN is under no obligation to accept Customer Furnished Materials where the Customer has not arranged for CROWN to take delivery of such

14. Claims

a.  The Customer must advise CROWN in writing within seven (7) days of delivery if the Customer wishes to make a claim in respect of alleged short delivery of goods, and, should the Customer fail to make such a claim, the Customer shall be liable to pay for the full quantity of goods stated in the applicable invoice.

15. Force Majeure

a.  CROWN will not be liable for any failure to perform or delay in performance of the sale by reason of, whether wholly or in part, any circumstances beyond its control.

16. Governing Law/Jurisdiction

a.   These Terms & Conditions of Sale are governed and interpreted in accordance with the laws of Victoria, Australia, and the Customer agrees to submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia.

 

17. Updates to These Terms and Conditions

a.   CROWN reserves the right to update these Terms and Conditions of Sale at any time.

Terms and Conditions of Sale