1. General
Unless special and implied conditions are explicitly agreed to by correspondence any order or contract accepted shall be based on these terms alone. Verbal statements and representations are expressly excluded.
2. Prices
2.1. Prices are subject to alteration without notice. All orders are accepted on the understanding that prices are those ruling at date despatch.
2.2. GST is payable by the customer in addition to the price at the time of payment. The company will provide a tax invoice at the appropriate time.
2.3 Quotations are made and orders accepted for special products on the basis that the quantities specified in the quotation or order are subject to any manufacturing shortfall or excess not exceeding +/-10% of the quantity specified being delivered and invoiced against the order. (500 rolls or less can vary +/-20% from original order quantity)
3. Payment
3.1. Credit will be granted at our discretion and the following terms for payment will then apply. Otherwise goods must be paid for at the time of order.
3.2. Payment at net invoice price must be made not later than 30 days from the date of the statement. No discount will be allowed for early payment.
3.3. We reserve the right to charge interest at the rate of 1.5% per month from the due date until paid.
3.4. Goods are despatched on or before the date of invoice and no responsibility is accepted for delays in transit.
3.5. If the customer fails to make any payment at the due time we shall be entitled to suspend or cancel work or despatch on other orders outstanding from the customer without prejudice to our rights to receive payment for the work already carried out and to recover the sum unpaid on any previous order.
3.6. Alliance Paper may recover from the customer any dishonoured cheque, debt collection, legal fees or other costs or expenses incurred recovering any amounts outside these trading terms.
3.7 Payment by credit card will incur a 1.8% surcharge on top of the invoice total. AMEX is not accepted.
4. Title
4.1. We will make every effort to keep to the despatch dates quoted but accept no liability for any financial or other loss (whether direct or indirect) caused to the customer if the despatch is nevertheless delayed.
4.2. The risk in the goods will pass to the customer when they are loaded on to the transport except when they are being delivered by our own transport in which case risk will pass on delivery of the goods to the place designated by the customer. The title of the goods remains with us until full payment is received.
4.3. When goods are stored at the request or due to the fault of the customer after the goods are ready for despatch, the customer shall pay all storage and other charges arising. Storage will be at the customer’s risk and will not entitle the customer to postpone payment of any sum due to us.
5. Non-Delivery and Storage
5.1. Claims for non-delivery or non-tender of the goods referred to in any invoice or advice note must be made to us within seven days from the date of the same. When part of the invoiced goods is received by the customer, the claim with respect to the goods not delivered or tendered must be made within three days of the receipt of the goods actually received, otherwise full complete and correct delivery shall be deemed to have been made.
5.2. Damage to goods while in transit at our risk and other discrepancies between invoice particulars and goods received must be reported to us within three days of the receipt of the goods otherwise no liability will be accepted by us.
6. Guarantee
6.1. We guarantee goods of our own manufacture against defective workmanship and materials for a period of six months from the date of despatch.
We will replace, free of charge, any such goods or parts which are shown to have been defective in these respects when despatched to the customer, provided that the customer has not misused them in any way.
6.2. Term 6.1. represents the full extent of our liability in respect of the supply of defective goods and replaces any liability (including liability for negligence) that would otherwise apply by operation of Common Law, statute or trade usage.
6.3. We will make every effort to ensure that our goods comply with descriptions of them given in our current publications, but no warranty or conditions as to fitness or particular purpose is to be implied in these terms.
6.4. Goods returned for a claim under guarantee must be lodged within seven days of receipt of goods and will be accepted on the condition that should the guarantee claim be rejected then all costs incurred including transport to and from our factory and inspection will be to the customer’s account.
6.5. Claims for in-transit damage must be made immediately following receipt of goods at the delivery point.
6.6. The company reserves the right to replace goods that, in its opinion, are defective. If the company is of the opinion the goods cannot be conveniently replaced, it may instead credit the purchaser with the price actually payable.
7. Force Majeure.
7.1. Neither party shall be liable for delay or failure to perform its obligations due to causes beyond its reasonable control (excluding labour or employment disputes and acts of contractors used or employed by the Supplier) provided that it takes all reasonable steps to perform or alleviate the delay and provides notice of the delay to the other party. The Customer is not responsible or liable to the Supplier for any delays or default of the Customer or other sub-contractors provided that the Customer has taken all reasonable steps to overcome or alleviate such delay or default. Extensions of time or compensation for delays may be granted by The Customer to the Supplier only if granted to the Supplier by the Customer.
8. Return of Goods
Any goods that have been supplied in accordance with a customer’s order, but which are subsequently returned within 21 days, will only be credited provided that our written agreement to the return of the goods has been obtained and that the price at which the goods will be credited has been agreed beforehand. To be eligible for credit returned goods must be undamaged and in original cartons. We reserve the right to charge a repacking fee where goods are deemed not suitable for resale. We cannot accept cancellation or return of order for goods made specially to customer’s requirements.
9. Industrial Property Rights Law
If goods supplied by us to the customer’s design or specifications infringe any patent or registered design rights or copyright, the customer will indemnify us against all damages and costs incurred by us as a result of the infringement or allegation. The customer will give us all possible help in meeting infringement claims brought against us.
10. Freight and Delivery
Alliance Paper provides FIS (Free into Store) delivery within Australia for orders of $500.00 or more (ex GST) for all of its customers, unless specifically stated otherwise. Any other charges including, but not limited to, hand unload fees and tailgate unload fess that are associated with the delivery of goods may be passed onto the end customer at the discretion of Alliance Paper.