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Terms and Conditions
TERMS & CONDITIONS OF SALE
These are the terms and conditions upon which Ryans Turf Pty Ltd, ABN 43 613 108 393 ACN 613 108 393 sells for the sale of goods.
1. DEFINITIONS AND INTERPRETATION:
1.1 Definitions In these terms and conditions, unless the context otherwise requires:
(a) "Buyer" means the Person named in the Sales Invoice.
(b) "Sales Invoice" means the sales invoice issued by the Seller to the Buyer in which these terms and conditions of sale are or are deemed to be incorporated.
(c) "Seller" means Ryans Turf Pty Ltd. 1.2 Interpretation (a) Any special conditions specified on a Sales Invoice shall, to the extent they are inconsistent with these terms and conditions, take precedence over these terms and conditions. (b) The expression "Person" includes an individual, the estate of an individual, a body politic, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.
2. GOVERNING TERMS AND CONDITIONS: These are the only terms and conditions which are binding upon the Seller with the exception of those otherwise agreed in writing by the Seller or which are imposed by statute and which cannot be excluded.
3. TERMS OF PAYMENT: Payment by the Buyer for goods delivered and accepted is due within 30 days from date of receipt of goods. If the Buyer fails to make payment in accordance with this clause, all amounts owing by the Buyer to the Seller on any account shall immediately become due and payable. Account keeping fee of $10.00 can and maybe applied for late payment each week the invoice remains unpaid. Cash, Cheque, Direct Banking and credit card are all accepted.
4. INSPECTION AND ACCEPTANCE: The Buyer shall inspect all goods upon delivery and shall within twenty-four hours of delivery give notice to the Seller of any matter or thing by which the Buyer alleges that the goods are not in accordance with the Buyer's order. Failing such notice and, to the extent permitted by statute, the goods shall be deemed to have been delivered and accepted by the Buyer.
5. RETURNS: All returns must be approved by the Seller. The Seller will only be obliged to credit returned goods if they are in a saleable condition.
6. PASSING OF PROPERTY AND RISK: Property in the goods supplied by Ryans Turf to the Buyer shall not pass to the Buyer until the Buyer has paid the purchase price in full and there is no debt outstanding by the Buyer to Ryans Turf.
7. CANCELATIONS: Any cancelations or order adjustments must be made with a minimum of 24 hours’ notice. Anything outside of this time frame remains the buyer’s responsibility and may be made to pay for the original invoice amount.
8. PALLETS: We deliver turf on push off pallets, if you know you need us to leave them at site prior to placing your order please ask for your turf to be stacked on standard pallets and it is your responsibility to return them to us. If you ask us to leave custom made pallets at site it is your responsibility to return them to the farm within a week of delivery or a charge of $35.00 per pallet will be added to your account
9. DELIVERYS: While our representative will exercise due care in delivering the material, the seller will not be held responsible for any property damage which may occur during the delivery operation or items that will prohibit material from being delivered. No responsibility is taken by the seller for damage done to property above or below ground level after leaving public carriageway. The agreed upon delivery includes, without limitation, the use of large vehicles and/or machinery, possibly weighing in excess of 20,000 kg, which may be required to enter upon the real property of the undersigned, as well as the dispensing of the materials on said property. The delivery of the materials involves exposure to inherent risks and dangers, including, without limitation: Cracked driveways Damage to grass/lawn Damage to walkways, structures and infrastructure Damage to shrubs, plants, flowers, trees, tree limbs or any other landscaping Plant diseases caused by the use of delivered materials Damage to utility lines and services Other damages caused by the weight, height or width of the delivery vehicle to landscaping, driveways, structures, fences, grass, pavers or any other structure
10. INDEMNITY: The Guarantor(s) and Indemnifier(s) hereby guarantee and indemnify the Supplier against any losses or expenses whatsoever directly or indirectly arising from or by virtue of any default whatsoever on the part of the Customer with respect to the secured moneys.