TERMS AND CONDITIONS OF TRADE
Aston Precision Pty Ltd hereinafter referred to as Aston Precision.
Cash payment on delivery unless customer has an approved 30 day end of month (EOM) credit account in which case payment is strictly within thirty (30) days from the EOM in which the invoice was raised. If payment is not received, the customer will pay Aston Precision's reasonable costs, expenses and disbursements incurred in recovering or seeking to recover any overdue amount. Aston Precision reserves the right to charge interest on any overdue account calculated at the rate of 4% higher than the interest rate prescribed under the Penalty Interest Rates Act (Vic).
All prices are as quoted to customer by formal written quote.
The liability of Aston Precision for any damage, loss, delay or non-delivery for any cause, ceases upon the release of goods to authorized third party carriers. Aston Precision, to the fullest extent permissible at law, limit its liability in its sole discretion to either: re-supplying the goods and services again; or meeting the costs of having the goods and services supplied again. Aston Precision will not be liable for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect or contingent loss suffered by the customer, whether claims are made or not, to the fullest extent permissible at law.
RETENTION OF TITLE
Until payment in full for the goods has been received by Aston Precision, title and ownership in the goods shall remain with Aston Precision and the customer shall hold the goods as bailee for Aston Precision, notwithstanding that risk in the goods shall pass to the customer upon release of the goods to the customer or to authorized third party carriers. If the customer defaults in meeting payment for the goods Aston Precision may retake possession of any of its goods for which full payment has not been received. For this purpose, the customer agrees that Aston Precision may enter upon any premises occupied by the customer for the purpose of inspecting the goods and retaking possession of its goods.
DELIVERY & ACCEPTANCE OF GOODS
Delivery of goods ordered will be made in accordance with the quotation given to the customer. The customer will be deemed to have accepted goods unless it notifies Aston Precision to the contrary within 5 business days of delivery date.
RETURN OF GOODS
In respect to any defective goods or non-compliant goods to the order placed, the customer must notify Aston Precision within 5 business days of delivery of such goods. Aston Precision will thereupon arrange an inspection of the said goods and/or determine whether the goods should be returned to Aston Precision or dealt with in some other manner.
In addition to the retention of the title rights in favour of Aston Precision, as security for the due and punctual payment of any amounts of money owing by the customer, the customer:
charges and grants security interest to Aston Precision all of the customer’s present and future rights and interests in the goods sold by Aston Precision to the customer from time to time and any proceeds as defined in the Personal Property Security Act 2009 (Cth)(PPS Act) of the products; and
charges in favor of Aston Precision as an additional and separate security interest, all present and future Accounts, Chattel, Paper (as defined in the PPS Act) and all other rights and chooses inaction which forms part of or relates to the goods or any part of them at any time.
SEVERANCE AND LAW
The customer acknowledges that it grants Aston Precision a security interest as defined in the PPS Act and that it shall do all the things reasonably required by Aston Precision to enable Aston Precision to register its security interests with the priority Aston Precision requires and to maintain the registration.
If any provisions of these terms and conditions are not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms. Further, if any part of these terms and conditions are invalid or unenforceable, that part is deleted, and the remainder of the terms and conditions remains effective. Further the law and jurisdiction applicable to any order placed with and accepted by Aston Precision in Victoria.