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Terms & Conditions

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TERMS AND CONDITIONS OF TRADE                               

The following terms and conditions shall be deemed to be incorporated into and form part of any contract between Capital Rehabilitation Supplies Pty Ltd ABN. 18 628 957 672 and the applicant ( Purchaser) for supply of goods, to the exclusion of any terms and conditions

set out in the purchaser’s order or otherwise sought to be imposed by the purchaser.

  1. All orders for goods shall be deemed to be an offer to purchase the specific items identified in such order on these terms and conditions, which Capital Rehabilitation Supplies Pty Ltd may accept in whole or in part in the manner specified in clause 2.
  2. Capital Rehabilitation Supplies Pty Ltd may at its absolute discretion accept an order either as regards all the goods specified in the order or any one or more of them by issuing an invoice in respect of such goods. Supply of any goods by Capital Rehabilitation Supplies Pty Ltd shall constitute acceptance of the order only as regards the goods in respect of which an invoice is issued.
  3. Any time for delivery stated by Capital Rehabilitation Supplies Pty Ltd is an estimate only and whilst Capital Rehabilitation Supplies Pty Ltd will use all reasonable endeavors to deliver by any reasonable delivery date, it does not warrant that such date will be met. In no case shall Capital Rehabilitation Supplies Pty Ltd be liable for loss or damage resulting either directly or indirectly from a failure to deliver by any specific date.
  4. All Goods supplied by Capital Rehabilitation Supplies Pty Ltd must be paid for in Full. Payment is due 30 days from the date of the invoice unless stated otherwise. If any payment is not made by the due date then Capital Rehabilitation Supplies Pty Ltd may without prejudice to any of its other rights and remedies demand payment of all sums owing to Capital Rehabilitation Supplies Pty Ltd regardless of whether the time for payment has arrived and in addition, Capital Rehabilitation Supplies Pty Ltd may charge interest on sums owing at the rate of 5% above the 90 day bank bill rate until the date of payment in full. 
  5. Capital Rehabilitation Supplies Pty Ltd has the right to terminate any credit arrangements with the purchaser and to substitute COD terms at any time, without prior notice. Capital Rehabilitation Supplies Pty Ltd has the right at any time to change the credit limit allowed to any account customer without prior notice.
  6. Goods will be accepted by Capital Rehabilitation Supplies Pty Ltd on return for credit only upon prior authorization of the commercial manager and in accordance with the following:

(i)The goods appear to have been used or sustained damage

(ii)The goods were not received by Capital Rehabilitation Supplies in their original, unopened packaging OR

(iii)The Approval to return was initiated 14 days or more after invoice date; OR

(iv)The goods have been discontinued and customer has been advised of such; OR

(v)There is a possibility that bio-hazardous material is present in or alongside the returned goods.

7. Risk in all goods supplied passes on delivery but Capital Rehabilitation Supplies Pty Ltd reserves the right of disposal of the goods and title to and property in such goods shall not pass to the purchaser     until Capital Rehabilitation Supplies Pty Ltd has received payment in full for such goods as well as payment for all other goods supplied by Capital Rehabilitation Supplies Pty Ltd to the purchaser and until all other sums owing by the purchaser to Capital Rehabilitation Supplies Pty Ltd have been paid, in each case regardless of the time of any such payment may be PROVIDED HOWEVER that the purchaser may sell such goods to a customer in the ordinary course of its business and in the case of such sale ( but not otherwise) the property in the goods so sold shall vest in the Purchaser immediately prior to the time of sale for the sole purpose of enabling the Purchaser to transfer title to its customer. 

8. In the case of sales to which Clause 7 applies, the Purchaser shall hold part of portion of the purchase price (including GST0 received by the Purchaser as is equal to the sum payable by the Purchaser to Capital Rehabilitation Supplies Pty Ltd in respect of the particular goods sold on trust for Capital Rehabilitation Supplies Pty Ltd  provided however that nothing in this clause shall be read or construed so as to relieve the Purchaser from paying all sums payable by the Purchaser to Capital Rehabilitation Supplies Pty Ltd bringing all sums held on trust into account.

9. Capital Rehabilitation Supplies Pty Ltd reserves the right to amend prices charged periodical and within Manufacturers Increases and CPI increases. Prices and Terms  are subject to change without notice. All freight charges will be assessed by Capital Rehabilitation Supplies Pty Ltd’s current shipping rates if applicable to Purchaser.

10. IF:

a. any sum or sums owing by the purchaser to Capital Rehabilitation Supplies Pty Ltd on any account whatsoever is not paid by the due date; OR

b. the Purchaser is in breach of any of these terms and conditions; OR

c. the Purchaser is or becomes insolvent; OR

d. Capital Rehabilitation Supplies in its absolute discretion forms the opinion that the Purchaser cannot or will not be able to pay its debts as they fall due, then Capital Rehabilitation Supplies Pty Ltd shall have the right to re-take possession of all goods the property of Capital Rehabilitation Supplies Pty Ltd that are in the possession or under the control of the Purchaser and for this purpose, Capital Rehabilitation Supplies Pty Ltd shall have the right to enter to any premises where the same may be found and sever, remove and carry away the same.

In this clause 10, ‘Insolvent’ means being insolvent, being an insolvent under administration, having a controller ( as defined in the Corporations Act 2001 ) appointed, being in liquidation, provisional liquidation or the subject of an application for winding up, being under administration or subject to any arrangement, assignment or composition with creditors, bankrupt or otherwise protected from creditors under any statute, or if a person is appointed under legislation to investigate or manage any part of the Purchaser’s affairs.

11. The Purchaser agrees and understands that the account as between Capital Rehabilitation Supplies Pty Ltd and the Purchaser is running account to the intent that sums owing by Capital Rehabilitation Supplies to the Purchaser will be set off against sums owing by the Purchaser to Capital Rehabilitation Supplies Pty Ltd ( including sums held in trust ) in the books of account kept by Capital Rehabilitation Supplies Pty Ltd

12. If a solicitor or debt collector is instructed by Capital Rehabilitation Supplies Pty Ltd to recover amounts owing by the Purchaser , the Purchaser agrees to pay the solicitor or debt collector’s reasonable fees and disbursements as charged to Capital Rehabilitation Supplies in Full. The Purchaser acknowledges and agrees to reimburse Capital Rehabilitation Supplies in respect of any and all expenses arising from litigation including commissions, legal and collection expenses.

13. The rights and benefits conferred upon Capital Rehabilitation Supplies Pty Ltd by these terms and conditions shall extend to each company in Capital Rehabilitation Supplies group of companies ( being those companies which are related bodies corporate or associated entities of Capital Rehabilitation Supplies Pty Ltd limited or any of its subsidiaries ).

14. The Purchaser must notify Capital Rehabilitation Supplies Pty Ltd in writing within 7 Days of any alteration of the name or ownership of the Purchaser, any legal proceedings against the Purchaser, any appointment of provisional liquidator, receiver, receiver manager or administrator to the Purchaser and any change of the ownership of the Business name of the Purchaser. The Purchaser agrees that it shall be liable to Capital Rehabilitation Supplies Pty Ltd for all goods supplied by Capital Rehabilitation Supplies Pty Ltd to a new owner of the Purchaser’s business until notice of any such change is received.

15. The Purchaser as beneficial owner and / or registered proprietor now charges in favor of  Capital Rehabilitation Supplies Pty Ltd and all the purchased state and interest in any real property ( including but not limited to the land named or described as the Purchasers street address in the Credit application ) (“ Property”) to secure payment of accounts rendered by Capital Rehabilitation Supplies Pty Ltd to the Purchaser for the delivery and/or supply of the goods including interest payable on these accounts and costs ( Including legal cost on a solicitor/own client bases) incurred by Capital Rehabilitation Supplies Pty Ltd to prepare and lodge a Caveat against the property and to remove the Caveat.

16. The Purchaser acknowledges that these terms and conditions constitute a security agreement for the purposes of the PPS Act and the Purchaser grants to Capital Rehabilitation Supplies Pty Ltd a security interest in all goods supplied by Capital Rehabilitation Supplies Pty Ltd to the Purchasers in accordance with these terms and conditions and their proceeds, as security for payments of the purchase price ( including GST) and all other amounts payable by the Purchaser to Capital Rehabilitation Supplies Pty Ltd and for the Purchasers performance of its obligations to Capital Rehabilitation Supplies Pty Ltd.

17. The Purchaser agrees:

(a) At Capital Rehabilitation Supplies Pty Ltd request, to promptly do all the things ( Including signing any documents ) and provide all assistance and information necessary to ensure that Capital Rehabilitation Supplies Pty Ltd has a perfected first ranking security interest in all goods ( And the proceeds of those goods ) supplied by Capital Rehabilitation Supplies Pty Ltd AND

(b) that Capital Rehabilitation Supplies Pty Ltd may register a financing statement or financing change statement for the purpose of the PPS Act at the Purchasers cost and do anything else required to perfect is security interest in the collateral granted under these terms and conditions.

18. To the extent permitted by law, the Purchaser waives its right to receive notice from  Capital Rehabilitation Supplies Pty Ltd of any verification statement.

19. The following provisions of the PPS Act do not apply: Section 95 ( Notice of removal of accession ) : Sub Section 121 ( 4 ) ( enforcement of  liquid assets ) Section 125 ( obligation to dispose or retain collateral ) : Section 130 ( Notice of disposal ) : Paragraph

132 ( 3 ) (D) ( Contents of statement of account: Subsection 132 (4) ( Statement of account if no disposal ) : Section 135 ( Notice of retention) : Section 142 (Redemption of collateral ) : Section 143 ( Reinstatement of security agreement.)

20. The Purchaser must not create, or permit to be created any security interest in goods supplied by Capital Rehabilitation Supplies Pty Ltd to the Purchaser in accordance with these terms and conditions ( other than created under these terms and conditions ) including any replacement part or other item that is incorporated into or attached to any such goods, and must not change its name without notifying Capital Rehabilitation Supplies Pty Ltd at least 10 business days prior to doing so.

21. unless otherwise specified by Capital Rehabilitation Supplies Pty Ltd all payments by the Purchaser are to be applied in accordance with section 14 (6) (C) of the PPS Act.

22. Terms used in these terms and conditions which are defined in the Personal Property Security Act 2009 ( CTH ) and any regulation made at any time under the Act ( Each as amended from time to time ) ( PPS Act ) have the same meaning given to them in the PPS Act.

23. The Purchaser declares that all goods acquired from Capital Rehabilitation Supplies Pty Ltd are being purchased wholly or predominantly for business purposes.

24. To the fullest extent permissible by Law: 

(a) Capital Rehabilitation Supplies Pty Ltd will not be liable to the Purchaser for any loss or damage of any kind, including but not limited to any consequential or indirect damage or loss, or any bodily injury or death, arising from or in connection with the goods supplied : and

(b) Any liability of  Capital Rehabilitation Supplies Pty Ltd in relation to any claim for loss or damage will be limited to either repairing or replacing any damaged or defective goods or refunding to the Purchaser the amount paid by the Purchaser for the goods.

25. The Purchaser agrees that the account as between Capital Rehabilitation Supplies Pty Ltd and the Purchaser is running account to intent that sums owing by Capital Rehabilitation Supplies Pty Ltd to the Purchaser will be set off against sums owing by the Purchaser to Capital Rehabilitation Supplies Pty Ltd ( Including sums held on trust ) in the books of account kept by Capital Rehabilitation Supplies Pty Ltd.

26. Products held in stock at Capital Rehabilitation Supplies Pty Ltd either on 3rd Party Agreements/ Contract’s or as advised by the Purchasers Ordering/Purchasing Dept/person’s to be kept in stock for exclusive use and prompt delivery to Purchaser are to be purchased by the Purchaser if any agreement is ended or Contracts made null and void. If Product type or usage is changing it is the responsibility of the Purchaser to advise Capital Rehabilitation Supplies Pty Ltd with at least one month’s notice and relieve Capital Rehabilitation Supplies Pty Ltd of such stock by the way of purchase. Capital Rehabilitation Supplies Pty Ltd agrees to keep stock for the exclusive use of the Purchaser if 3rd Party agreements are entered into by the Purchaser and Capital Rehabilitation Supplies Pty Ltd has an agreement with the 3rd Party. Also for its part, Capital Rehabilitation Supplies Pty Ltd will only charge the Purchaser when such items are ordered and Invoiced and will not charge the Purchaser for holding/storing this Stock for Purchasers use. Capital Rehabilitation Supplies Pty Ltd agrees to store this stock to the manufactures storage requirements and delivery it to Purchaser in good order. 

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