New/ Non Account Holders – Deposit with order, C.O.D. (Negotiable), for any items to be provided C.O.D. we are entitled to hold these goods or services rendered until full payment is received.
New accounts will require a 1/3 payment at commencement of manufacture, 1/3 payment upon dispatch and the balance on pickup or with delivery and installation. Any variation from this is negotiable.
Existing Account Holders – Strictly 14 Days net. from invoice date.
We are guided by the relevant product manufacturer’s warranty policy and will refer issues back to the manufacturer as appropriate.
If you have a product with a warranty issue, the item must be returned to us at Paramount Business Supplies in Malaga.
If you would prefer us to collect the item for assessment and return it afterwards, there will be a callout fee.
If the item is assessed not to have a warranty issue, there will be a charge for the assessment and/or repair of the item.
Terms & Conditions of Trade
1. Once the project is awarded, the Supplier requires 7 days project start up for project planning, ordering of material and site surveying (if applicable).
2. Custom products will require a minimum of 3-6 weeks manufacturing time, from finalisation of all quotes, finishes and drawings (if applicable).
3. Any subsequent changes made after completion of planning will delay the contract delivery date for a minimum of 5 – 10 days and will either incur a
minimum additional administration charge of $300.00 per change or a cost variation to the contract.
Cancellation of Orders
4. Deposits are non-refundable.
For existing customers.
a. A cancellation fee of $350.00 or 3.5% of the contract value, whichever is higher will apply for all cancellation of any order.
b. If planning and site measurement have been carried out, a cancellation fee (item a.) plus planning/site measurement charges @ $65.00 an hour plus all applicable travelling and accommodation costs.
c. If planning is completed and materials have been ordered and received, all of ‘a’ and ‘b’ plus materials or goods received will be charged at the Supplier selling price if the Supplier is unable to return the goods purchased for the project. Any restocking charges will also be passed on to the Customer.
5. All contract variations must be issued in writing and work will only commence once written authorisation is received. Nonetheless, verbal requests issued on site to the Supplier’s employees or representative for immediate work or changes outside of the Scope of Works by the Customer’s representative or employee will be deemed as authorised by the Customer and any extra costs will be claimed as a variation in addition to the contract sum
6. All additional costs, including labour costs and attendance costs, required to complete the project on time, due to site delays not caused directly by the Supplier or its subcontractors, will be paid by the Customer.
7. Deliveries in stages must be requested by the Customer within the time stipulated in the contract. The Supplier reserves the right to invoice all completed goods which cannot be delivered and or installed plus any storage fees at market rate.
8. Unless already prearranged, the Customer or Customer’s Representative/Superintendent will be notified prior to the goods being delivered and/or installed.
9. No allowance is made for special site allowances, induction training or time, or out of hours work. All Works to be carried out during normal working hours i.e. 9.00am to 5.00pm Monday to Friday excluding weekend and holidays. Any work required outside these times will be charged accordingly.
Contract Insurance & Retention’s
10. Price quoted does not include provision for Joint Insurance or Contract work Insurance. Any extra insurance taken out will be an additional cost to the total contract sum. We have not allowed for any contract retention sum unless agreed to in our addendum.
11. Whilst the Supplier endeavours to complete the project on time, the Supplier cannot be held responsible for delays due to transport, flight, hotel accommodation, late 3rd party supplier deliveries and force majeure.
12. Clear site access trafficable with trolleys and at least one free loading bay no more than 20 metres from the building entrance to be provided by the Customer.
13. Any advice, recommendation, information or service given by the Supplier in relation to goods sold or manufactured by the Supplier is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. The Supplier does not accept any liability or responsibility for any loss suffered from the Customer’s reliance on such advice, recommendation, information or service.
14. Quotes provided by the Supplier is given with best estimate and believed to be accurate at the time. It is the responsibility of the Customer to carefully review the bill of quantity, scope of the works, product description, finishes and measurements. No responsibility will be taken by the Supplier for over or under estimates to quantities. Additional quantities required will be charged for.
15. These terms and conditions will override all conflicting Customer’s purchase terms and conditions. Acceptance of the Supplier’s quote, products, goods and services is automatic acceptance of the above terms and conditions.
16. The Customer warrants that the information contained in this Application is true and correct and acknowledges that the Supplier will be relying on that information.
17. The Customer agrees that the Supplier may obtain, disclose and use information:
a. about the Customer’s credit worthiness or for the purpose of obtaining and maintaining credit information file about the Customer or collecting overdue payments; and
b. about the Customer for the purpose of providing services to the Customer, including sharing information with other parties.
18. The Customer will pay the Supplier’s invoices within 14 days of the date of the Supplier’s invoice to the Customer.
19. If the Customer defaults in payment of any of the Supplier’s invoices then:
a. all monies owed by the Customer to the Supplier will immediately fall due and payable;
b. the Customer (at the Supplier’s discretion) will pay interest on the amount payable at 12% per annum (interest accrues at the rate set out above on each unpaid amount which is due and payable by the Customer under or in respect of this Agreement both before and after judgement (as a separate and independent obligation); and
c. the Customer will pay the Supplier’s costs or expenses incurred by the Supplier in relation to any actual or contemplated enforcement of the Agreement, or the actual or contemplated exercise, preservation or consideration of any rights, powers or remedies under the Agreement which includes legal costs and expenses and collection charges on a full indemnity basis.
20. The Supplier may at any time and without notice terminate or suspend the Customer’s credit account and the Supplier will not be liable in damages to the Customer for the non-supply of goods or services.
Application of Payments
21. Any money paid by the Customer will be applied firstly to interest and secondly to costs and lastly to capital. Further, when applied to capital amounts the payment will be applied to the oldest invoice first.
22. A statement of account verified by the credit manager, director and/or secretary of the Supplier or his/her nominee will be prima facie evidence of the sum due and owing by the Customer as at the date of that account.
Risk and Title
23. The risk in the Goods pass to the Customer on delivery.
24. The Customer agrees that legal and equitable title to the Goods is retained by the Supplier until the Supplier receives payment in full from the Customer for the Goods.
25. Prior to title in the Goods passing to the Customer, the Customer:
a. holds the Goods as bailee and fiduciary agent of the Supplier;
b. where the Customer processes the Goods, either by using the Goods to produce other goods or by incorporating the Goods in or with any other goods, holds such part of the new goods (“Processed Goods”) on trust for the Supplier as bailee and fiduciary agent of the Supplier;
c. must store the Goods and such part of the Processed Goods separate from its own goods and those of any other third party in such a way as to clearly indicate at all times that the Goods and such part of the Processed Goods are owned by the Supplier; and
d. must ensure that, at all times, the Goods and such part of the Processed Goods are properly stored, protected, readily identifiable and insured.
26. The Customer may sell or deal in the ordinary course of business with the Goods and such part of the Processed Goods provided that:
a. any such sale or dealing is at arms’ length and on market terms; and
b. the Customer holds the proceeds of any sale of or dealing in the Goods and such part of the proceeds of any sale of or dealing in the Processed Goods on trust for the Supplier in a separate identifiable account as the beneficial property of the Supplier and the Customer must pay such amount to the Supplier on demand.
27. In the event of a breach of the Agreement including, without limitation, default in payment, the Customer must return the Goods to the Supplier immediately on demand. If the Customer does not return the Goods to the Supplier on demand, the Supplier will be entitled (without further notice) to enter upon any premises of or occupied by the Customer at any time to do all things necessary to recover the Goods.
28. The Customer hereby grants full leave and irrevocable licence to the Supplier and any person authorized by the Supplier to enter upon any premises where the Goods may for the time being be placed or stored for the purpose of retaking possession of the Goods.
29. The parties agree that this section is not intended to create a charge or any other form of security interest and that if and to the extent that, as a matter of law, this clause creates a charge or any other form of security interest, the offending words shall be deleted.
30. The Customer must inspect the Goods upon delivery and if the Customer believes the Goods are damaged, incorrect or otherwise not in accordance with the Agreement or the Customer’s order/instructions, the Customer must give written notice to the Supplier
a. setting out full particulars and evidence of the Customer’s claims,
b. providing the original invoice and delivery docket. within seven (7) of delivery of the Goods.
31. If the Supplier does not receive that written notice from the Customer with the specified seven (7) days, the Customer is deemed to have accepted the Goods and the Customer waives and abandons any claim against the Supplier
a. in respect of the Goods; and
b. in connection with the Goods or any related matter.
32. Even if the Customer complies with clauses set out above the entire extent of the Supplier’s liability is limited to the replacement or repair of the defective Goods together with transportation costs.
33. The Customer charges as beneficial owner and as trustee of every trust all the Customer’s land (including land acquired in the future) in favour of the Supplier to secure the payment of monies to the Supplier.
34. If any provision of this Agreement
a. is or becomes void, voidable, illegal or unenforceable in its terms;
b. would not be void, voidable, illegal or unenforceable if it were read down; and is capable of being read down, then that provision will be read down accordingly.
35. If, notwithstanding clause the above clause, a provision of this Agreement is still void, voidable, illegal or unenforceable, then:
a. if the provision would not be void, voidable, illegal or unenforceable if some words were omitted, those words are severed; and
b. otherwise, the whole provision is severed, and the rest of this Agreement will be of full force and effect.
36. These terms and conditions are not to be constructed to the disadvantage of a party because that party was responsible for its preparation.
37. The Customer acknowledges that the Customer has not relied on any oral statements, representations, undertakings, covenants or agreements in relation to the subject matter of this Agreement other than those referred to in this Agreement.
38. No failure by the Supplier to exercise and no delay in exercising any right, power or remedy under this Agreement operates as a waiver. Nor does any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.
39. Unless otherwise stated, each indemnity, reimbursement or similar obligation in this Deed:
a. is of a continuing nature and are independent of each other;
b. is payable on demand; and
c. survives termination or discharge of this Agreement.
40. The rights, powers and remedies provided to the Supplier in this Agreement are in addition to, and do not exclude or limit, any right, power or remedy provided by law.
41. This Agreement is governed by the law applicable in Western Australia and each party irrevocably and unconditionally submits to the non exclusive jurisdiction of the courts of Perth, Western Australia.