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1. GENERAL
These conditions of sale apply to any sale of items, equipment or services of CNW Pty Ltd or, where a quotation is
made, they shall form part of that quotation.
CNW Pty Ltd may vary the “STANDARD TERMS AND CONDITIONS” from time to time. The purchasers agrees that
the ordering of any goods and services after the notice of variation will be an acceptance of the varied “STANDARD TERMS AND
CONDITIONS”.
No variation or cancellation of any of these “STANDARD TERMS AND CONDITIONS” shall be binding on CNW Pty Ltd
unless agreed by a responsible officer of CNW Pty Ltd in writing. No agent or representative has the authority to
waive or alter these “STANDARD TERMS AND CONDITIONS”.
The purchaser or anyone purporting to act on behalf of the purchaser may place orders for goods or services with
CNW Pty Ltd either by telephone, in writing, by Email or by facsimile transmission.
2. PRECEDENCE
In the event of conflict between these conditions and those which may be included in, or implied by, any document forming part of
any enquiry, specification, order or contract then these conditions shall prevail insofar as they are expressly varied by CNW
Pty Ltd in writing. If any condition is contrary to or excluded by law these conditions shall be modified but only to the
extent of excluding that part of the conditions affected.
3. ACCEPTANCE
A quotation is not to be construed as an offer of obligation to sell and CNW Pty Ltd reserves the right to accept or
decline any order for goods and services (wholly or partially) at any time prior to the delivery of good and services, in which case,
CNW Pty Ltd shall be under no obligation in respect of the order for the goods or services.
4. PRICES
(i) All prices are subject to change without notice and orders are accepted by CNW Pty Ltd on the condition
that they will be invoices at the prices ruling at the date of dispatch.
(ii) Every endeavour will be made to give 30 days notice of any increase
(iii) All prices shown in published catalogues or price lists are recommended selling price only and there is no obligation on
the part of any reseller to maintain such prices.
(iv) A quotation includes only such goods as are specified therein. CNW Pty Ltd reserves the right to cancel
any sale where goods offered ex stock have been previously sold or otherwise committed.
(v) A $20 surcharge may be applied at the discretion of CNW Pty Ltd if an order value is less than $100.
5. SALES TAX
The prices quoted do not include sales tax unless specifically stated otherwise.
6. TERMS OF PAYMENT
The purchaser agrees to comply with the “STANDARD TERMS AND CONDITIONS” and payment for goods and services shall be
made by the purchaser to CNW Pty Ltd thirty (30) days from the end of the month of purchase, or unless otherwise
agreed in writing.
7. DELIVERY
CNW Pty Ltd will endeavour to comply with the time of delivery of goods and services requested by the purchaser but
delivery time is not guaranteed nor is it of the essence of the contract of sale of the goods or services. CNW Pty Ltd
will not be liable for any loss or damage of whatsoever nature arising out of delay in delivery of goods or services. The delivery period
quoted commences from the date CNW Pty Ltd receives sufficient information to proceed with supply or from the
date CNW Pty Ltd receives the purchaser’s written order, whichever is the latest date. Quoted delivery dates are
subject to confirmation when placing the order.
8. GOODS RETURNED FOR CREDIT
(i) Goods will not be accepted for credit without prior approval of personnel at CNW Pty Ltd’s nearest Sales
Office.
(ii) In the case of the return of buy-ins against the purchaser’s order, credit will only be allowed if the original
manufacturer/supplier also accepts the return.
(iii) All goods returned should be in their original containers and should not be shop soiled, obsolete or shop damaged. All
such goods may be rejected or credited at a reduced rate.
(iv) Cut lengths of cable will not be accepted for return under any circumstances.
(v) No claim will be recognised unless such claim is made within (7) days of delivery and in every case the original invoice
number and date must be quoted.
(vi) All goods approved for return shall be returned freight pre-paid and may be subject to a 15% restocking charge.
9. CANCELLATION OR VARIATION
An order may, at the option of CNW Pty Ltd, be terminated in the event of insolvency of the purchaser or of execution being levied
against any of the goods of the purchaser or of the purchaser being placed in liquidation, whether voluntary or otherwise or of a
mortgagee entering into possession of any assets of the purchaser.
An order may be carried only if CNW Pty Ltd accepts such variation in writing. A variation or cancellation by the
purchaser is subject to agreement by CNW Pty Ltd and in any event is subject to CNW Pty Ltd being
indemnified by the purchaser against any loss or damage.
10. INSPECTION
The purchaser has seven (7) days from the date of delivery of goods within which to provide to CNW Pty Ltd written
notice of any alleged claim for failure to comply with the order whether due to shortfall, defect, incorrect delivery or otherwise. Should
the purchaser fail to provide such written notice within the stipulated time period, CNW Pty Ltd shall be deemed to
have complied with the purchaser’s order in all respect including delivery, quantity and quality.
11. PACKING, DAMAGE OR LOSS IN TRANSIT
CNW Pty Ltd uses every care in packing, but unless otherwise agreed, no responsibility is taken for loss or damage
in transit. The condition of sale is delivery in good order and condition to rail, boat or carrier. Any damage in transit whatsoever is
between the purchaser and the railway, shipping company or carrier. CNW Pty Ltd will not recognise any such claim.
12. PURCHASER'S SPECIFICATIONS
CNW Pty Ltd shall not be deemed to have agreed to comply with any specification and drawings referred to in any
order unless such specifications and drawings have been produced to CNW Pty Ltd prior to delivery of goods and
are signed by CNW Pty Ltd.
13. RISK
All goods shall be at the risk of the purchaser from the time of dispatch of the goods by CNW Pty Ltd for delivery to
the purchaser and the responsibility for insurance during transit rests with the purchaser solely.
14. SUSPENSION OF CREDIT
CNW Pty Ltd may at any time suspend credit extended to the purchaser or withhold the delivery of goods or services
already ordered as CNW Pty Ltd may decide in its sole and absolute discretion.
15. DISPUTES
If any charge appearing on an invoice is disputed by the purchaser, written notice of such dispute must be given to CNW
Pty Ltd immediately upon receipt of the invoice.
If any charge is alleged to be in dispute, the purchaser shall pay for all other charges appearing on the invoice pending an
investigation of the charge or charges so disputed.
16. DEFAULT OF PURCHASER
The purchaser expressly agrees, that if the purchaser fails to pay the CNW Pty Ltd the invoice price of any goods and
services at expiry of the credit period. CNW Pty Ltd at the end of the expiry period shall have the right to:-
(i) bring an action against the purchaser for payment of the invoice price of the said goods and/or services, notwithstanding
that the ownership of the said goods delivered to the purchaser has not passed or been transferred to the purchaser.
(ii) determine the contract and or suspend manufacture or delivery, installation, commissioning or testing of any goods then
outstanding
(iii) retain any security given or money paid by the purchaser or available through enforcement of guarantee or security
bonds lodged and apply this against the loss and damages incurred by it in the performance of the contract
(iv) take such steps as CNW Pty Ltd may deem necessary to mitigate the damage suffered including the
putting to use, hiring out, sale or disposal of any goods supplied, or to be supplied under the contract and in its
possession
(v) CNW Pty Ltd reserves the right to charge interest on overdue amounts at the rate not exceeding the
standard overdraft rate offered by the CBA Bank on the day of calculation.
17. RETENTION OF TITLE
(i) Title of ownership to goods shall not pass to the purchaser until all monies owing to CNW Pty Ltd on any
account whatsoever have been paid in full to CNW Pty Ltd.
(ii) Until title or ownership in the goods passes to the purchaser such goods shall be held by the purchaser as bailee of
CNW Pty Ltd and the purchaser must store the goods separately, in good condition and in such a way
which clearly indicates the ownership of CNW Pty Ltd to the goods.
(iii) While CNW Pty Ltd retains full legal and equitable title in the goods the purchaser shall not bail, pledge,
mortgage, charge, obtain or grant a lien over, lease or assign by any other way, any security in the goods.
(iv) The purchaser agrees the CNW Pty Ltd by its servants or agents shall be entitled to enter upon any
premises for any purpose connected with or in relation to the protection or enforcement of the rights of CNW
Pty Ltd to the goods.
(v) The purchaser shall be liable for the payment of all costs, charges and expenses incurred by CNW Pty
Ltd on a full indemnity basis (including legal costs, repossession costs and costs of any mercantile agent) of any attempt
made by or an behalf of CNW Pty ltd to recover payment of monies owing by the purchaser to CNW Pty Ltd
or to protect or enforce the rights of CNW Pty Ltd in relation to the goods and
services provided by CNW Pty Ltd to the purchaser on credit.
(vi) To secure payment of all monies which may become payable by the purchaser to CNW Pty Ltd on any
account whatsoever the purchaser hereby charges in favour of CNW Pty Ltd all of the purchaser’s right,
title and interest in any property both of which the purchaser is now possessed and which the purchaser may hereafter
acquire and the purchaser consents to CNW Pty Ltd lodging a caveat or caveats noting its interest
pursuant to this clause.
(vii) The purchaser shall notify CNW Pty Ltd in writing of any intended sale of the purchaser’s business,
which includes or purports to include goods not paid for in full as part of the purchaser’s stock.
(viii) Payment of what the purchaser owes CNW Pty Ltd for goods shall be deemed to have been made when
cheques for the price have been met and honoured in full and there is no possible recourse by any liquidator of the
purchaser in respect of such payment.
(ix) CNW Pty Ltd agrees that for the time being the purchaser may retain possession of the goods which
have not been paid for in full but should the specified period expire under normal trading terms before payment of the
goods is complete by full honoured cheque(s) or cash or, should any event detailed in clause 16 above occur, then
CNW Pty Ltd and its agent and employees have the right to enter any premises in which the goods are
stored and take possession of any of the goods in addition to any deficiency in the sale price after paying the costs of
recovery and crediting goods recovered by CNW Pty Ltd.
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