I have read and agree to ATS Pneumatics Ltd TERMS AND CONDITIONS OF TRADE

1. PRICES and TERMS
The goods shall be purchased or quoted on these Terms and Conditions and at
prices prevailing at the time the goods are despatched. All prices quoted exclude
GST. These Terms and Conditions shall prevail unless varied in writing.
2. TERMS OF PAYMENT
1. Payment shall be either; by cash or cheque, Cirect Credit at time goods
are ordered, or with prior approval, on or before the 20th of the month
following supply of goods or services.
2. If payment is not received by the due date, then the Company may refuse
delivery of further goods and stop further credit facilities.
3 The Customer will pay all collection and legal costs actually incurred by the
Company (including actual solicitor/client costs) that are related to the collection or recovery of any unpaid account.
3. INTEREST
Payments not made on due date may, at the Company’s sole discretion, bear
interest from the date of the invoice at the rate of 2% per month until paid (or at
such rate as shall be in force at the date of purchase).
4. CREDIT LIMIT
The Company may cancel orders in respect of any undelivered goods or may
withhold delivery of future orders if the Customer’s account exceeds the credit
terms set by the Company.
5. NON RECEIPT OR DAMAGE
All goods must be checked on receipt as to quantity and/or damage. Non receipt
or damage must be reported by the Customer to both the Carrier and the Company within 3 days from the date of delivery, otherwise the claim may be rejected
by the Company. The Company will replace goods covered by approved claims.
6. RETURNED GOODS
No goods shall be returned for credit without the Company’s prior written
approval.
7. CLAIMS
All claims regarding goods supplied or allegations regarding goods not having
been supplied as per invoice/packing slip shall be made within 3 days of delivery
of the goods and in the absence of any claim the Customer shall be deemed to
have accepted the terms of the invoices as correct and accept that the goods
specified are as delivered.
8. CLAIMS RETURN POLICY
1. Goods supplied in error are returnable for replacement or credit, providing
the error is notified to the Company in writing within 3 days of delivery.
2. No claim will be recognised unless the goods are returned with the original
invoice/packing slip, or the number and date of the invoice/packing slip are
enclosed.
3. No claim will be recognised unless the returned goods are in saleable, undamaged and clean condition, and in the original packaging, complete with
detachable accessories and instruction manuals.
4. The Company may at its sole discretion accept the return of goods surplus to
the requirements of the Customer in which event the credit may not exceed
75% of the original amount charged for those goods.
9. RISK AND DELIVERY
Risk passes to the Customer on delivery of the goods. Delivery shall be deemed
complete when the Company gives possession of the goods directly to the Customer, or possession of the goods is given to a carrier, courier, or other bailee for
the purposes of transmission to the Customer.
10. WARRANTY
1. Except as provided in the Consumer Guarantees Act 1993 and by the manufacturer’s written warranty (if any) the Company makes no representation,
condition, warranty or promise, express or implied, in respect of goods supplied to the Customer.
2. Except as provided in the Consumer Guarantees Act 1993, the Company shall
not be liable for any loss of any kind whatsoever suffered by the Customer
as a result of a breach of any of the Company’s obligations regarding the
supply of goods or any negligence on the part of the Company, its servants,
agents or contractors, nor shall the Company be liable for any loss damage
or injury caused to the Customer’s servants, agents, contractors, customers
or other persons. The Customer will indemnify the Company against any
claim by such persons.
3. The liability of the Company arising from a breach of any of the Company’s
obligations regarding the supply of goods, or from any negligence on the
Company’s part, its servants, agents or contractors (but not from any liability
under the Consumer Guarantees Act 1993), will be limited to damages which
will not exceed the price of the goods supplied.
4. Where the Customer purchases goods for a particular purpose, it is the Customer’s sole responsibility to ensure that the goods will be suitable for the
Customer’s purpose, and the Company shall have no liability whatsoever in
the event that the goods are not fit for the Customer’s purpose, notwithstanding any statements made to the Customer by the Company or its officers or
employees.
11. OWNERSHIP
1. Ownership reserved: It is expressly agreed that ownership is reserved and equitable title to and property in all goods supplied by theCompany is and remains vested in the Company until payment in full has
been received by the Company.
2. Recovery of Goods: The Company may at any time before sale of any
goods by the Customer recover and take repossession of such goods and
otherwise exercise in relation to those goods any of its rights where those
rights are also covered by common law, contract, statute or in any other
way.
12. PERSONAL PROPERTY SECURITIES ACT 1999 (‘PPSA’)
1. The Customer grants to the Company a purchase money security interest in
all present and after-acquired goods, supplied by the Company to the
Customer described in any:
(a) quotation from the Company to the Customer;
(b) contract between the Company and the Customer including, without
limitation, documentation (electronic or otherwise) supplementary to
that contract and incorporated into that contract by reference or
otherwise;
(c) purchase order or any other order for goods from the Customer;
(d) dispatch order, invoice, statement or remittance advice from the
Company to the Customer.
2. At the request of the Company, and until all and any amounts due to the
Customer have been paid in full, the Customer will promptly execute any
documents and do anything else required by the Company to ensure that
any security interest created constitutes a perfected security interest over all
goods supplied by the Company. This obligation extends to providing the
information required by the Company to complete and register a financing
statement or financing change statement.
3. The Customer will not, without the prior written consent of the Company,
agree to allow any person (including the Customer) to file a financing
statement over any goods supplied by the Company while the Customer is
liable to the Company for any debt.
4. The Customer will notify the Company immediately if the Customer
becomes aware of any person taking any steps to file a financing change
statement against any goods supplied to the Customer by the company.
5. The terms ‘security interest’, ‘purchase money security interest’, ‘perfected
security interest’, ‘personal property’, ‘financing statement’ and ‘financing
change statement’ referred to in the above clauses have the meanings
given by the PPSA.
13. PRIVACY ACT
1. The Customer authorises the Company:
(a) To collect and retain and use personal information about the Customer
(the information contained in this document) for the following:
(i) Assessing the Customer’s credit worthiness.
(ii) Administering the financing, whether directly or indirectly of the
Customer contracts(s) and enforcing the Company’s rights
thereunder.
(iii) Marketing goods and services provided by the Company.
(b) To provide the information:
(i) to any person for the foregoing purposes
(ii) to employees and agents of the Company and any other person, in
the ordinary course of business, for any of the foregoing purposes
(iii) to credit agencies for the purpose of maintaining effective credit
records.
2. The Customer acknowledges:
(a) that the information is held by the Company at the address specified in
this document, notwithstanding that it may also be held elsewhere by
the Company and other persons for the purposes described above.
(b) that where information can be readily retrieved the Customer shall have
access to it, the right to request correction and the right to be notified of
action taken in response to any such request, subject to payment of
any reasonable charge.
(c) that the aforesaid authorisations are irrevocable.
14. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
If the Customer is a company or trust, the director(s) or trustee(s) signing this
contract, in consideration of the Company agreeing to supply goods and grant
credit to the Customer at their request, also sign this contract in their personal
capacity and jointly and severally personally undertake as principal debtors to
the Company the payment of any and all monies now or hereafter owed by the
Customer to the Company and indemnify the Company against non-payment by
the Customer. Any personal liability of a signatory hereto shall not exclude the
Customer in any way whatsoever from the liabilities and obligations contained in
this contract. The signatories and Customer shall be jointly and severally liable
under the terms and conditions of this contract and for payment of all sums due
hereunder.
15. VALIDITY.
If a term or condition herein is held by a Court to be unenforceable then such
term or condition shall be severed from all other terms and conditions without
affecting the enforceability of those other terms and conditions.