Terms & Conditions

Terms & Conditions of Sale

  • Sale

PowerRail Australia will sell, and the Purchaser will buy the Goods for purchase price on the terms and conditions set out herein.

  • Interpretations
  1. “Applicant/Purchaser” shall mean the person or persons, or entity specified in the Application for Credit or Customer Form and shall include their legal representatives, administrator’s successors and/or permitted assignees.
  2. “Company” means PowerRail Australia Pty Limited
  3. “Consequential Loss” means any loss or damage suffered by the Applicant or any other person which is indirect or consequential; or which is by way of loss of revenue, loss of profits, loss of goodwill or credit, loss of business reputation, future reputation or publicity, loss of use, loss of interest, damage to credit rating, or loss or denial of opportunity.
  4. “Liabilities” means all damages, losses, liabilities, costs, charges, expenses, outgoings, or payments (whether direct or indirect, consequential, or incidental) including any damages, losses, liabilities, costs, charges, expenses, outgoings, or payments in respect of any damage to property or injury to, or death of, any person.
  5. In the event the Applicant has multiple business addresses, this application and guarantee shall extend to cover all sites owned/leased/occupied by the Applicant.
  •  Trading Terms
  1. Until the Applicant’s account has been approved, all products supplied must be paid on a prior to dispatch basis only. Standard trading terms are strictly thirty (30) days from invoice date.
  2. Special orders or orders over $10,000 shall require a split up of progress payments with shorter payment terms.
  3. Refer to the quotation for the specific payment terms contained therein.
  • Payment and Default
  1. All payments must be made via Electronic Funds Transfer or Credit Card and must be cleared before payment is regarded as received by the Company.
  2. All accounts outside trading terms will be suspended and supply of goods stopped until outstanding balance is received. The company may at its sole discretion charge an overdue payment fee per month per account if payment is not paid by the due date.
  3. The Applicants trading account shall remain in the name stated on the application for Credit until the Company is notified in writing and consent is given in writing by the company.
  4. The Applicant /Purchaser shall notify the Company as soon as practicable if there is any change in the legal entity, structure, management, or control of the Applicants business.
  5. The Applicant/Purchaser shall not be entitled on any grounds whatsoever to either wholly or in part to withhold payment when it becomes due.
  6. Default payment shall entitle the Company to stop supply of goods and take proceedings for the collection of the outstanding amounts without prejudice to any subsequent claim the Company may enter for non-fulfillment of the Terms and Conditions.
  7. All overdue accounts will accrue interest, calculated daily as from the due date for payment and all account recovery fees including administrative costs of the Company, legal costs and interest will become due and payable by the applicant.
  8. Legal action for recovery of monies due shall be commenced if account is in default for 45 days. The applicant shall pay all costs and expenses incurred by the Company, its advisers, and any other person, in respect of any action instituted or considered against the Applicant/Purchaser, whether for debt, possession of products or otherwise.
  • Returns

PowerRail Australia is not under any duty to accepts Goods returned by the Purchaser and will do so only on terms to be agreed in writing in each individual case, unless due to supply error.

  1. The Purchaser must make a written application to PowerRail Australia Pty Limited for return of any Goods and MUST be received by PowerRail Australia within 15 days from the date of delivery.
  2. Where approval may be granted for return of such goods the Purchaser must acknowledge and accept responsibility for;
  1. all costs and liabilities involved in the safe return of goods to PowerRail Australia’s place of business.
  2. Acceptance of any Goods returned, will be subjected to a restocking fee equalling to fifteen percent (15%) of invoiced valve of the goods returned.
  3. Any Special Buy Orders OR Goods held for longer than 15 days WILL REMAIN MARKED AS NOT NEOGITATABLE and RETURNS denied, unless due to supply error.
  • Retention of Title
  1. Property and title to the products supplied to the Purchaser by the Company DOES NOT PASS TO The Purchaser but is retained by the Company until the purchase price of the products and any other money that the Purchaser owes to the Company at any time on any account has been received by the Company in full.
  2. In the event of liquidation, receivership, administration or bankruptcy, the Company reserves the right to claim retention of the title over all products supplied to the Purchaser for accounts which have become due and payable but remains outstanding.
  3. The Purchaser may sell or dispose of the products supplied to it by the Company in the ordinary course of its business.
  4. Risk in all products supplied to the Purchaser by the Company will pass to the Purchaser upon delivery. The Purchaser will be responsible for any loss or damage to any products supplied to the Purchaser by the Company however caused following delivery of those products.
  5. Where the Purchaser processes or commingle the products supplied to it by the Company into other property, the Company takes title to the other property as well.
  6. Where the Purchaser disposes of the products supplied to it by the Company for payment of the purchase price, the sale proceeds of such disposal are the property of the Company, and the Purchaser agrees to hold the proceeds on trust for the Company. Further, the Purchaser, in disposing of the products before payment to the Company, does so as the Company fiduciary agent.
  7. The Purchaser irrevocably grants the Company the right without notices, and in its sole discretion, to enter upon any premises the Purchaser is in possession of, to remove or repossess any products supplied to it by Company and sell or dispose of those products and apply the proceeds from such sale or disposal to any monies owed by the Purchaser to the Company. Ther Purchaser agrees that the company will not be liable for any loss, damages or claims which results from the Purchaser actions in accordance with the paragraph.
  • Termination
  1. The Company retains the right to revoke the account if in its discretion, believe that the terms and conditions of this agreement have been breached.
  2. The Company may terminate this agreement with immediate effect by giving the Purchaser written notices if: (a) Purchaser breaches any materials provision of the agreement (including without limitation any breach in respect of an obligation to pay money) and fails to remedy that breach within 7 days after receiving notice requiring it to do so; or (b) Purchaser breaches a material provision of the agreement where that breach is not capable of remedy and fails to take any action required of it by the Company within 7 days after receiving notice requiring it to do so.
  3. Upon termination, all amounts under the account become immediately due and payable and the company may retake possession of all products that have been supplied which are in the applicant’s possession and remains outstanding.
  • Guarantee
  1. The guarantee shall remain valid until such time as the Company receive a written retraction from the guarantor.
  • Variation
  1. The Company may vary these terms and conditions at any time by giving 7 days’ notice to the Purchases specifying the variation.
  • Consequential Loss
  1. The Company is not liable for any Consequential Loss under or in connection with this agreement.
  • Indemnity
  1. The Applicant indemnifies the Company against any Liabilities which the Company suffers, incurs or is liable for as a result, directly or indirectly, of: (a) any breach of this agreement by the Applicant; or (b) any negligent act or omission by the Purchaser.
  • Privacy Act 1988
  1. I /We agree that the Company may seek from a credit reporting agency, a credit report containing personal information about the purchaser/s and or directors to assess whether to act me/us as a guarantor for credit applied for or provided to the applicant named in this application.
  2. I / We agree to the Company obtaining from a credit reporting agency, a credit report containing personal credit information about me/us for the purpose of assessing my/our application for commercial /personal credit.
  3. I / We agree to the Company receiving from any other credit provider or providing to any credit provider any credit information whether by way of report, record or otherwise relating to credit worthiness for the purpose of exchange of credit information, assessing credit worthiness and notification of default at any time whether now or in the future.
  4. I / We agree to the Company obtaining such reports from time to time for the purpose of assessing credit worthiness during the continuance of credit provisions.
  5. I / We agree to the Company obtaining from a business which provides credit information a report of information in relation to my/our commercial credit worthiness or commercial dealings and using such information for the purpose of assessing this application for credit.
  6. I / We agree that in the event of default of payment of the debts that the Company may disclose all information relating to my/our accounts to its collection agency for the purpose of receiving any or all amounts outstanding.
  • Governing Law
  1. The agreement is governed by the law applicable in New South Wales, Australia, and the parities consent to the exclusive jurisdiction of the courts of the New South Wales, Australia.