Terms and Conditions
Terms and Conditions of Sale These standard terms and conditions apply to all sale of products by Whites Group Pty Ltd ABN 25 001 845 478 ("Whites Group") to any customer ("the Customer"). Note: Whites Group supplies only recognised resellers of it's products. Title to Products Until the purchase price of the products and all other sums due by the Customer to Whites Group upon any account whatsoever have been paid or satisfied in full: the products shall remain the property of Whites Group notwithstanding the delivery of the products and the passing of risk to the Customer; Whites Group may at any time recover the products if they are in the Customer's possession and re-sell the products if any payment owed by the Customer on any account is overdue; for the purpose of so recovering the products, Whites Group, its servants or agents may enter upon the Customer's or other premises upon which the products are located; the Customer shall possess all products on a fiduciary basis only; and the Customer has the right to dispose of the products in the course of its business for the account of Whites Group and to pass good title to the products to its customer being a bona fide purchaser for value without notice of Whites Group's rights. If the products are on-sold prior to Whites Group being paid in full then the sale proceeds are to be held on trust by the Customer for Whites Group. Liability Conditions and warranties may be implied by legislation or otherwise into these terms and conditions or to the sale of products by Whites Group. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. Whites Group hereby limits the amount of its liability in the case where the products are not of a kind ordinarily acquired for personal, domestic or household use, at Whites Group's option, to: i) the replacement of the products or the supply of equivalent products; or ii) the payment of the cost of replacing the products or of acquiring equivalent products; Subject to the above, under no circumstances will Whites Group be liable for any loss or damage to persons or property of any nature as a result, direct or indirect, of any defect, deficiency or discrepancy in products sold by Whites Group. It is the Customer's sole responsibility to ensure that the products sold are sufficient and suitable for the purposes of the Customer. Delivery Whites Group is not liable for any delay in delivery of products ordered or any unavailability of products ordered. Risk in the products will pass to the Customer on delivery. Whites Group reserves the right to charge for delivery of products. Payment All credit orders are accepted by Whites Group subject to satisfactory credit approval of the Customer. Credit approval, once granted, may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all products is required on delivery. Where credit has been granted, payment for the products is to be made on or before 30 days from the end of the month of purchase. Payment must be made in full without set off or deduction. Credit card payments are accepted for VISA and MASTERCARD and incur a fee of 2%. Return Damaged or defective products or products which are not otherwise in accordance with the Customer's order may be returned by the Customer to Whites Group in their original condition and original packaging within 14 days of delivery. A return authority is required prior to return. Subject to the above, all products shall be deemed to have been accepted by the Customer as being in accordance with order. Whites Group reserve the right to charge a re-stocking fee of up to 10% of the value of goods (exc. GST) being returned for credit without any fault or claim. GST All pricing excludes GST. Order acceptance No order shall be binding on Whites Group until accepted by Whites Group. An individual contract for the supply of products on these standard terms and conditions is formed on acceptance by Whites Group of an order from the Customer. Whites Group reserves the right to accept any order in whole or in part. Where Whites Group makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled after it has been accepted by Whites Group. Inconsistencies Any orders placed with Whites Group are on the basis of these terms and conditions unless otherwise expressly agreed in writing by Whites Group. In the event of any inconsistency between any terms and conditions in the Customer's order and these terms and conditions, Whites Group will be deemed, by delivering the product to the Customer to have made an offer to the Customer, to sell the products pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the products. Changes Whites Group may add to or change these terms and conditions provided the updated terms and conditions are available to be viewed on line at whitesgroup.com.au. The Customer will be bound by and agrees to accept any such updated terms and conditions. Jurisdiction The law of the State of New South Wales shall apply to these terms and conditions and all sales by Whites Group. The Customer and Whites Group submit to the jurisdiction of the courts of New South Wales. Trade Marks The marks Whites Group®, Whites Wires®, Whites Premium Gold®, FastYard®, Ultrapost®, Whites OutdoorTM, Retain-iT®, StayMesh®, Whites On-SiteTM, Our Place®, and Kids Place® are the property of Whites Group.