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Terms & Conditions

TERMS OF BUSINESS

 

Good & Services supplied by Kurmond Country are supplied to ("The Buyer") on the following terms and conditions.

 

DEFINITION

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

 

PRECEDENCE

  1. Nobody claiming to act on Kurmond Country's behalf is authorised to waive or change these conditions orally. Kurmond Country 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 Kurmond Country, including any terms that may be printed on any order of other writing that may be issued by The Buyer to Kurmond Country 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 Kurmond Country fails to enforce any terms and conditions of this Agreement or fails in any way to exercise its rights under this agreement Kurmond Country will not be deemed to have waived these rights with respect to any term or condition or right.

 

PRICES

  1. Kurmond Country may alter prices without notice.
  2. Prices do include GST.

 

DELIVERY

  1. Kurmond Country 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 Kurmond Country 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 Kurmond Country'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. Kurmond Country 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 Kurmond Country.
  2. Unless notified in writing by The Buyer that Order Numbers must be used for purchases Kurmond Country 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 Kurmond Country without deduction or setoff.
  2. Until all indebtedness to Kurmond Country 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 Kurmond Country
  • 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 Kurmond Country'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 Kurmond Country 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 Kurmond Country 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, Kurmond Country is co-owner of the mixed parts and material in proportion to the contribution made by the parts and materials supplied.

 

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 Kurmond Country 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 Kurmond Country 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.