Terms & Conditions

AutoSmart

TERMS OF BUSINESS

 

Good & Services supplied by AutoSmart are supplied to (“The Buyer”) on the following terms and conditions.

 

DEFINITION

The Buyer” means the purchaser or acquirer of goods from AutoSmart and includes any person acting on behalf of and with the authority of the purchaser, executors, administrators, successors and assigns.

 

CONSUMER GUARANTEES ACT 1983

  1. Nothing in these terms is intended to have the affect of contracting out the provisions of the Consumer Guarantees Act 1983 except to the extent permitted by the Act where The Buyer acquires the goods in a business to business situation and all provisions of these Terms and Conditions of Sales shall be modified to the extent necessary to give effect to that intention.
  2. The Buyer shall not, in relation to the supply by the buyer of goods from AutoSmart, give or make any undertaking, assertion or representation in relation to the Goods without the prior approval in writing of AutoSmart and the Buyer shall indemnify AutoSmart against any liability or cost incurred by AutoSmart as a result of any breach by The Buyer of this provision.

 

PRECEDENCE

  1. Nobody claiming to act on AutoSmart’s behalf is authorised to waive or change these conditions orally.  AutoSmart may by written notice to the purchaser alter or replace these terms and conditions.  All orders placed subsequently by The Buyer shall be upon altered or replaced terms and conditions.
  2. These Terms of Agreement for the supply of goods and services shall prevail and take precedence over The Buyers standard or special terms for the supply of goods and services from AutoSmart, including any terms that may be printed on any order of other writing that may be issued by The Buyer to AutoSmart for the arrangement of supply of goods or services.
  3. In case of any conflict between these Terms of Agreement and The Buyers confirmation of this Agreement or any other document supplied by The Buyer, these Terms of Agreement shall prevail.

 

ENFORCEMENT

  1. Where AutoSmart fails to enforce any terms and conditions of this Agreement or fails in any way to exercise its rights under this agreement, AutoSmart will not be deemed to have waived these rights with respect to any term or condition or right.

 

QUOTATIONS

  1. RJP may withdraw a quotation at any time
  2. A quotation may be increased if AutoSmart suffers any cost increases, which are beyond its control in the supply, production and delivery of goods (including increases in taxation and duties) after the date of contract (or, where the contract arises from the quotation the date of quotation.)

 

PRICES

  1. AutoSmart may alter prices without notice.
  2. Prices displayed do not include GST.  All supplies will be charged at prices ruling at the time of dispatch.

 

DELIVERY

  1. AutoSmart will make every effort to ensure delivery of the goods is on time but will not be liable for any loss or damage arising in any way from delays in delivery.
  2. Although AutoSmart will endeavour to meet any stated delivery date, The Buyer is not entitled to cancel its order for non-delivery or late delivery, howsoever caused, or failure to delivery by any specific method or by any particular vehicle, vessel or craft.
  3. Unless otherwise stated in writing delivery to a carrier constitutes delivery to The Buyer.
  4. Goods may be delivered in instalments at AutoSmart’s discretion and in such case each delivery will be regarded as a separate contract, and goods delivered must be paid for according to the terms or payment.
  5. AutoSmart may stop future deliveries until The Buyer has paid for all previous deliveries.

 

ORDERS

  1. Orders for goods, which are non-stock items, shall not be deemed to be binding unless and until confirmed by AutoSmart.
  2. Unless notified in writing by The Buyer that Order Numbers must be used for purchases AutoSmart accepts no liability for unauthorised purchases (ie. Purchases without Order Number) made on The Buyers account.

 

OWNERSHIP

  1. Ownership of the goods shall not pass to The Buyer until The Buyer has paid all debts due to AutoSmart without deduction or setoff.
  2. Until all indebtedness to AutoSmart has been paid The Buyer acknowledges and agrees that:
  • The Buyer is the fiduciary owner of the goods and shall only deal with them as an agent for and on behalf of AutoSmart.
  • Risk in the goods shall pass to The Buyer when such goods are delivered.  It is expected that The Buyer will include the goods in their insurance profile.
  • The Buyer will store the goods as AutoSmart’s fiduciary agent and bailee and shall identify the goods as such with the stock or inventory profile of The Buyer.
  • The Buyer irrevocably gives AutoSmart and its agents the right to enter upon The Buyers premises without giving notice and to search for and uplift any of the goods without in any way being liable to The Buyer or any person or company claiming through The Buyer.
  • If the goods have been resold by The Buyer prior to payment in full of the outstanding indebtedness of The Buyer, then the proceeds of resale shall be the property of AutoSmart of an amount not more than such indebtedness.
  1. This reservation of title and ownership is effective whether or not the parts and materials have been altered from that supplied or mixed with other parts and materials.  Where such parts and materials are mixed and are severable but not identifiable, AutoSmart is co-owner of the mixed parts and material in proportion to the contribution made by the parts and materials supplied.

 

PERSONAL PROPERTY SECURITY ACT 1999: Security Interest

  1. For the purpose of the Personal Property and Securities Act 1999 (PPSA) The Buyer agrees these conditions constitute and create a security agreement.  The Buyer grants a security interest in favour of AutoSmart in all The Buyers present and after acquired inventory, materials, consumer goods and equipment (hereafter referred to in this clause as Goods) and all proceeds and accounts receivable in relation to those Goods to secure payment by The Buyer to AutoSmart of all amounts The Buyer may owe AutoSmart from time to time in respect of such Goods.
  2. AutoSmart may as its discretion and in such manner as the seller determines allocate payments made by The Buyer for all and any Goods.
  3. Until Payment is made to AutoSmart, The Buyer agrees to store the Goods in a manner which permits them to be identified and cross referenced to particular invoices for the goods.
  4. To the extent permitted by the law, if The Buyer defaults under these conditions or under any other payment obligation to AutoSmart:
  • Each security interest created in favour of AutoSmart will become immediately enforceable.
  • AutoSmart may at any time by notice to The Buyer declare all or any part of the money’s owing to AuitoSmart to be due and payable immediately upon demand or at a later date at RJP may specify
  • RJP may:
  • Take possession of and either sell or retain the Goods
  • Pay any expenses incurred in the exercise of any such powers out of the revenue from, or proceeds of realisation of, the Goods
  • Under Sections 133 and 134 of the PPSA, to reinstate the security agreement.
  1. The buyer shall give written notice to RJP immediately upon any change of name by The Buyer.
  2. On being requested by RJP, The Buyer shall promptly do all things (including signing any document) and provide all information necessary to enable RJP to perfect and maintain the perfection of any and each security interest granted to RJP by The Buyer (including by registration of a Financing Statement)
  3. Should RJP elect to register its security interest The Buyer agrees to waive the requirement that it be provided with verification of statements recording registration or any variation of registration.

 

CLAIMS & LIMITATION OF LIABILITY

  1. Subject only to any mandatory liability or guarantee imposed by statute, and without prejudice to any rights granted thereby to The Buyer
  2. All warranties, descriptions, representations, or conditions, whether implied by law trade, custom or otherwise and whether relating to fitness, merchantability, suitability or purpose, or otherwise, for any loss or damage whatsoever, whether direct, indirect, special, or consequential and all such liability us expressly excluded; and
  3. The liability of AutoSmart in respect of any order of goods or services shall in any event be limited to the lesser of the purchase price of the goods or services complained of, the cost of replacing the defective goods or resupplying the defective goods or services, and the actual loss or damage suffered by The Buyer.

 

CREDITS

  1. Must be returned to AutoSmart at The Buyers own expense
  2. Must be in good saleable condition in manufacturer’s supplier’s original containers, unsoiled and undamaged
  3. Must be accompanied by a copy of the packing slip
  4. Must also be accompanied by the number and date of the supplying invoice if available

 

GENERAL

If any provision of this contract shall be invalid, void or illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.