Terms and Conditions of Trade

1. Definition: In These Conditions:
   a)  "Customer" means the party whom Concrete Colour Solutions is supplying goods or services, or any agent or authorised carrier nominated by that party.
2. Goods in these conditions of supply
   2.1 The goods (including any incendental supply of services) shall be described on any invoices, quotations, work authorisation or any other forms which are provided by the customer to Concrete Colour  Solutions.
3. Governing Conditions: These conditions of supply:
   3.1    govern all supply of goods and services by Concrete Colour Solutions;
   3.2    supersede all prior representations and agreements between the parties about supply of goods and services;
   3.3    will not be altered by any Customer document or statement; and
   3.4    may only be altered in writing signed by Concrete Colour Solutions.
4. Delivery: Concrete Colour Solutions will use reasonable efforts to deliver goods to the customer on or before any estimated delivery date but Concrete Colour Solutions does not represent or warrant that it will be able to do so.
5. Delivery Dockets and Sales Dockets: The Customer will check each sales docket recoding the sale of products to the Customer  and each delivery docket recording the delivery of Concrete Colour Solutions goods to the Customer. Whether or not the Customer signs the sales docket or the delivery docket recording a sale or recording  a delivery to the Customer:
   5.1   a sales docket will be prima facie evidence that the goods recorded in the docket were taken by the Customer unless the Customer queries the contents of the docket at the time of sale; and
   5.2   a delivery docket will be prime facie evidence that the goods referred to in the docket, in the quantities described, were delivered to the Customer, unless the Customer notifies Concrete Colour Solutions to the contrary within 24 hours of the date of delivery.
   In any proceedings commenced by Concrete Colour Solutions against the Customer, seeking payment for goods sold by  Concrete Colour Solutions to that Customer, the Customer shall not be entitled to raise as a defence the allegation that the goods were not received by or delivered to the Customer, and this condition may be pleaded in absolute answer to any allegation to this effect made by the Customer.
6. Returns: Concrete Colour Solutions acknowledges its statutory obligations to the Customer, including those under the Trade Practices Act 1974. Return of goods may be subject to a handling fee.
   No goods will be accepted for return without prior authorisation. Where authorisation is not given a handling fee of 15% of the invoiced goods will be charged plus freight costs will apply.
   No claims will be recognised after 7 days from delivery date.
7. Price and Payment in these conditions of supply
   6.1   The price shall be as indicated in incoices provided by Concrete Colour Solutions to the customer in the respect of Goods supplied     
   6.2   Time for payment of the Goods shall be of the essence and will be stated on the invoice, quotation or any other forms. If no time is  stated then payment will be due seven (7) days following the date of invoice.
   6.3  The price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that taxes are expressly included in any quotation given by Concrete Colour Solutions unless credit facilities have been approved by Concrete Colour Solutions and notified in writing.
8. Interest: Concrete Colour Solutions will charge the Customer interest on overdue amounts calculated daily at the rate of 14% per year (or any other rate notified by Concrete Colour Solutions or stated in Concrete Colour Solutions invoice or statement) from the date of Concrete Colour Solutions invoice until the date of payment, subject to any credit arrangement concluded between the parties.
9. Set-Off: The Customer must not off-set any amount owing by the Customer to Concrete Colour Solutions any amount owing or claimed to be owing by Concrete Colour Solutions unless that off-set is agreed to in writing by Concrete Colour Solutions.
10. Risk   10.1   The goods are at the Customers risk immediately on despatch from Concrete Colour Solutions premises to the Customer.
11. Title  11.1   It is the intention of Concrete Colour Solutions and agreed by the customer that ownership of the Goods shall not pass until:
    a)    the Customer has paid for all amounts owing for the particular Goods, and
    b)    the Customer has met all obligations due by the Customer to Concrete Colour Solutions in respect of all customer contracts between the Customer and Concrete Colour Solutions: and
    c)     the Customer is only a bailee of the Goods and until such time as Concrete Colour Solutions recieved payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the customer owes to Concrete Colour Solutions for the Goods, on trust for Concrete Colour Solutions.
12. Recovery of Goods: Where the Customer fails to pay for any goods supplied by Concrete Colour Solutions, then Concrete Colour Solutions may take possession of the goods for which it has not been paid. The Customer authorises Concrete Colour Solutions in its own capacity and as the Customers agent to enter onto any land or premises where the goods are located in order to take possession of the goods in accordance with this condition.
13. Concrete Colour Solutions Required to Repay: If Concrete Colour Solutions is required to repay any persons any persons any of the monies paid by the Customer for the goods supplied by Concrete Colour Solutions then the goods will be deemed to have continued to be the property of Concrete Colour Solutions and the Customer will be deemed not to have paid for them, and, without limiting the generality of this condition, Concrete Colour Solutions may rely upon conditions 10 and 11.
14. Suitability For Use: Unless the Customer specifically informs Concrete Colour Solutions, prior to ordering the goods, of the purpose for which he goods are required by the Customer, Concrete Colour Solutions makes no warranty as to whether the goods are suitable for the Customers purpose, and the Customer agrees  to make no claim against Concrete Colour Solutions in respect of the suitability of the goods for the Customers purpose.
15. Exclusions and Limitations: Concrete Colour Solutions excludes all terms, conditions and warranties implied under  any statute except any implied condition or warranty, the exclusion of which could contravene any statue or cause any part of this clause to be void (Non-excludable Condition). Concrete Colour Solutions liability to the Customer for breach of any express provision of this Agreement or any Non-excludable Condition (other than an implied warranty of title) is limited, at Concrete Colour Solutions option, to providing, replacing or repairing those goods or providing those services again. Nothing in these Conditions of Supply limits Concrete Colour Solutions liability to a Customer (defined in the Trade Practices Act 1974) of goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption.
16. Force Majeure: Concrete Colour Solutions obligation to perform in accordance with these Conditions will be suspended for the duration of any delay arising out of anything outside Concrete Colour Solutions reasonable control.
17. Default and Consequences of Default
    17.1   Interest on overdue invoices shall accrue date from the date when payment becomes due, until the date of payment, at a rate of three percent (3%) per calender month (and at Concrete Colour Solution's sole discretion such interest monthly shall compound monthly at such a rate) after as well as before any judgement.
    17.2  If the Customer defaults in payment of any invoice when due, the customer shall indemnify Concrete Colour Solutions from and any against all costs and disbursments incurred by Concrete Colour Solutions in pursuing the debt including legal cost on a solicitor and own client basis and Concrete Colour Solution's agency cost.
18. Privacy Act 1988
    18.1   The Customer agrees for Concrete Colour Solutions to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by Concrete Colour Solutions
    18.2   The Customer agrees that Concrete Colour Solutions may exchange information about the Customer with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
    a)    to asses the application by Customer
    b)    to notify other credit providers of the default by the Customer
    c)    to exchange information with other credit providers as to the status of the credit account, where the Customer is in default with  other credit providers; and
    d)    to assess the credit worthiness of the Customer  
    18.3   The customer consents to Concrete Colour Solutions being given a consumer credit report to collect overdue payment on commercial credit (Section 18k (1)(h) Privacy Act 1988)
    18.4   The Customer agrees that Personal Data provided may be used and retained by Concrete Colour Solutions for the following purposes as shall be agreed between the Customer and Concrete Colour Solutions or required by law from time to time:
    a)    provision of Good and /or Services
    b)    marketing of Goods and /or Services by Concrete Colour Solutions, it's agents or distributors in relation to the Goods and/or Services;
    c)    analysing, verifying and/or checking the Customer's credit, payment and/or status in relation to the provisins of Goods and/or Services;
    d)    processing of any payment instructions, direct debit, facilities and/or credit facilities requested by Concrete Colour Solutions;
    e)    enabling the daily operation of Concrete Colour Solutions account and/or the collection of amounts outstanding in Concrete Colour Solutions account in relation to Goods and/or Services.
    18.5    Concrete Colour Solutins may give, information about the Customer to a credit reporting agency for the following purposes:
    a)    to obtain a consumer credit report about the customer, and/or
    b)    allow the credit reporting agency to create or maintain a credit information file containg information about the Customer.
19. Authorised Signatory: The person signing any agreement between the Customer and Concrete Colour Solutions, on behalf of the Customer, or as an officer of the Customer, warrants to Concrete Colour Solutions that he or she is authorised to sign the agreement and that signing will bind the Customer.