Terms and Conditions

  1. DEFINITIONS
    1. “Seller” shall mean Kingsway Distributors, its successors and assigns or any person acting on behalf of and with the authority of Kingsway Distributors.
    2. “Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by the Seller to the Customer.
    3. “Guarantor” shall mean that person (or persons) who agrees to be liable for the debts of the Customer on a principal debtor basis.
    4. “Goods” shall mean all Goods supplied by the Seller to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and includes Goods described on any invoices, quotation, work authorisation or any other forms as provided by the Seller to the Customer.
    5. “Services” shall mean all services supplied by the Seller to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
    6. “Price” shall mean the price payable for the Goods as agreed between the Seller and the Customer in accordance with clause 3 of this contract.
  2. Acceptance
    1. Any instructions received by the Seller from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.
    2. Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
    3. Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of the Seller.
    4. The Customer shall give the Seller not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by the Seller as a result of the Customer’s failure to comply with this clause.
    5. Goods are supplied by the Seller only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
  3. Price And Payment
    1. At the Seller’s sole discretion the Price shall be either:
      1. as indicated on invoices provided by the Seller to the Customer in respect of Goods supplied; or
      2. the Seller’s current price at the date of delivery of the Goods according to the Seller’s current Price list.
    2. The Seller reserves the right to change the Price in the event of a variation to the Seller’s quotation. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation as a result of additional works required due to hidden or unidentifiable difficulties or due to fluctuations in the currency exchange rate, or as a result of increases to the Seller in the cost of materials and labour) will be charged for on the basis of the Seller’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion. The Seller has the right to revert any pricing mistakes and stop the supply the Goods.
    3. At the Seller’s sole discretion:
      1. payment shall be due on delivery/completion of the Goods; or
      2. payment shall be due before delivery of the Goods; or
      3. payment for approved Customers shall be due twenty (20) days following the end of the month in which a statement is posted to the Customer’s address or address for notices.
    4. Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
    5. Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Customer and the Seller.
    6. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

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