Terms & Conditions

MXO AUSTRALIA PTY LTD   A.C.N. 636 429 868 (trading as MXO Australia) ("the Vendor") offers to sell the goods described on the reverse hereof to the purchaser to whom this invoice is addressed for the price and subject to the terms of payment for the goods set out hereof.   The purchaser accepts the goods on the following conditions:

1. Price and terms of payment for the goods are as set out on the reverse hereof, and unless otherwise stated, payment shall be made within 30 days from end of month of invoice.  If the terms of the purchaser's order are different from these terms of trading then delivery of the goods to the purchaser constitutes an offer by the vendor to sell the goods to the purchaser on these terms and acceptance of the goods by the purchaser shall be acceptance by the purchaser of these terms of trading.  
2. All taxes, customs, duties, stamp duties and duties of excise of an nature whatsoever now levied by any governmental authority whether federal, state or local either directly or indirectly upon the goods or upon freight charges (if any) shall be paid by the purchaser.  
3. The vendor reserves the right to add to the price of the goods any increase of the items set out in 2 hereof levied during the currency of the contract and before delivery of the goods.
4. The purchaser hereby agrees to the following:
   1. If delivery is to take place at the vendor's warehouse the goods shall be at the purchaser's risk on delivery.
   2. If delivery is to take place other than at the vendor's warehouse risk in the goods shall pass to the purchaser immediately the goods begin to be loaded for the carriage to the agreed place of delivery.
5. The vendor reserves the right to require payment for any delivery hereunder in advance or to require that satisfactory security for payment to be given prior to such delivery.  If the purchaser fails to make payment in accordance with the terms of this agreement, or fails to comply with any provisions of this agreement, the vendor reserves the right to cancel any delivery of goods and partially completed work.  
6. The vendor shall be entitled to invoice the purchaser on the date the products are delivered to the carrier.  
7. The vendor shall not be liable for failure to deliver or delayed delivery by reason of the following matters affecting delivery:­
   1. fires, floods or other casualities;,
   2. wars, riots, civil uprising, embargoes, government regulations, or vendor's inability to obtain necessary materials from its usual source of supply;
   3. delays in transportation to the purchaser howsoever caused;
   4. existing of future strikes or other labour troubles affecting production or delivery whether involving employees of the vendor or employees or other regardless of responsibility or fault on the part of the employer;
   5. other contingencies of manufacture of delivery whether or nor of a class mention and not reasonably within the vendor's control.
8. Until the goods are paid for in full the ownership thereof shall remain with the vendor.  Until the goods are paid for in full the relationship between the parties shall be fiduciary and the purchaser shall hold the goods as bailee for the vendor.   The vendor may, if the purchaser is in default of payment for the goods, retake possession of the goods without notice, without being liable for any loses incurred or damage sustained as a direct or indirect consequence of the vendor retaking possession of the goods.  The purchaser agrees that the vendor has access to its premises for the purpose of retaining possession of the goods.   The vendor shall have all of the above rights notwithstanding that the purchaser defaults or commits an act of bankruptcy or a receiver is appointed of the purchaser's business or the purchaser goes into liquidation.  The purchaser acknowledges that the vendor has the right to resell any of the goods of which it has retaken possession.
9. If the vendor has consented to the purchaser disposing of the goods to a third party such consent is conditional upon the vendor being paid in full and the purchaser hereby agrees to notify any subsequent purchaser that he former does not have any title in the goods and that title in the goods cannot pass from the vendor until the vendor has been paid in full for the goods.
10. Should the purchaser default in making any payment then the vendor has the right to charge interest at the rate charged by the Vendors bankers for overdraft accommodation, such interest to be calculated from invoice date to the date of full and final payment by the purchaser.
11. lf the purchaser becomes insolvent or bankrupt or calls a meeting of creditors or goes into liquidation, voluntary or otherwise the vendor may suspend delivery or cancel the order.
12. Any legal costs or expenses incurred by the vendor in recovery of any outstanding payment under this invoice will be payable by the purchaser.
13. The vendor warrants that its products are of high quality and free from manufacturing defects.   However, subject to such statutory warranties as cannot be validly excluded, no warranty is given that the goods sold are suitable in size, shape, capacity, quality or otherwise for the purpose for which the goods are brought.
14. Any special terms of sale on the reverse hereof are by this reference incorporated herein with the same force and effects as those set out herein in full and shall prevail to the extent of any inconsistency with these printed terms and conditions.
15. The purchaser shall inspect the goods forthwith upon their delivery and shall within seven days from such inspection give written notice to the vendor of any matter or thing by reason whereof the purchaser may allege that the goods are not in accordance with the Contract.   lf the purchaser shall not allege such matter then to the extent permitted by statute the goods shall be deemed to have been accepted by the purchaser and the purchaser shall pay for the same.
16. If any terms or provision (or part thereof) of these terms of trading is held by account of competent jurisdiction to be illegal, unenforceable or contrary to public policy then these terms of trading shall be read as if such terms or provision (or part thereof) had never been in these terms of trading and were severed therefrom leaving the remainder of the terms of trading legal valid and enforceable.
17. The vendor shall not be responsible for any consequential loss or damage which may be occasioned by any breakdown, stoppage or failure of the goods from any cause whatsoever.
18. Subject to the vendor's prior consent orders accepted by the vendor can not be cancelled by the purchaser prior to delivery.   For goods delivered to a purchaser, credit for returned goods will be allowed as follows:-
    1. in every case the original number and date of invoice must be quoted by the purchaser.
    2. All goods must be returned to the vendor warehouse on which the order is placed within 30 days of delivery, packaged in their original and unmarked condition complete with all documents originally supplied therewith and the amount allowed for credit will be the invoice value for goods returned less 20%;
    3. All charges for outward and inward freight, packing and delivery will be deducted from the credit allowed.
19. The terms of trading and any writing in the reverse hereof shall constitute the entire agreement between the parties except to the extent that such terms of trading are modified in writing and signed by both the parties.
20. The vendor shall, in respect of all unpaid debts due from the purchaser have a general lien on all goods ordered by the purchaser in the hands of the vendor and shall be entitled on the expiration of fourteen (14) days notice to the purchaser to dispose of such goods as the vendor thinks fit and to apply the proceeds towards such unpaid debts.
21. This agreement shall be governed by the laws of the Territory of Australian Capital Territory and the parties hereby submit to the jurisdiction of the Courts of that State for the resolution of any dispute under this agreement.