Terms & Conditions

GENERAL: These Terms and Conditions shall apply to the exclusion of all others including any Terms and Conditions of the Customer (whether on the Customer's order form or otherwise). No goods shall be supplied by PSW on any terms and conditions other than those set out herein and by taking delivery of the goods the Customer shall be deemed to have agreed to these Terms and Conditions.

PAYMENT: The Customer agrees to comply with the trading terms of PSW and payment for goods shall be made within 30 days from the date of the invoice.

CLAIMS:
(i) The Customer will be deemed to have accepted the goods as being in accordance with their order unless they notify PSW in writing within 7 days of the receipt of goods.
(ii) No returns of allegedly defective or fautly goods shall be accepted by PSW unless the Customer has given prior written authorisation for the return, or an authorisation number from the PSW Sales Department.

WARRANTY:
(i) All warranties whether express or implied and whether statutory or otherwise with regard to the goods supplied by PSW as to quality, fitness for purpose or any other matter are hereby excluded except insofar as any such warranties are incapable of exclusion at law.
(ii) The liability of PSW for damages arising out of contract shall be limited to the cost of rectification of any faulty workmanship or material, or the replacement of any faulty goods and PSW accepts no responsibility or liability whatsoever including liability for negligence, goods, that do not correspond with the description on PSW's invoice and/or packaging of the goods sold or any other liability for consequential loss however arising.

FORCE MAJUERE: If for any reason beyond the control of PSW (including without limitation as a result of any strike, trade dispute, fire, tempest, theft or breakdown), orders cannot be filled at the time stipulated by the Customer, PSW shall be entitled to determine the Contract and the Customer shall not have any claims for damages arising out of such a cancellation, without prejudice to the rights of PSW to recover all sums owing to it in respect of deliveries made prior to the date of such determination.

FREIGHT COSTS: PSW shall not be liable for freight costs on goods returned to them by the Customer.

RETURN OF GOODS:
(i) No return of first quality goods shall be accepted by PSW unless the Customer has been given prior written authorisation for the return, or an authorisation number from the PSW Sales Department.
(ii) Freight will be at the Customer's expense and a restocking fee of 10% shall apply to all goods returned to PSW.

DEFAULT: In the event of the Customer's default under these terms and conditions the Customer shall pay to PSW on demand all costs including without limitation all legal costs assessed on a solicitor/own client basis incurred by PSW in recovering or attempting to recover all amounts outstanding and payable under these terms and conditions.

CHANGE OF OWNERSHIP: The Customer agrees to notify PSW in writing of any change of ownership of the Customer within 7 days from the date of such a change.

CANCELLATION: Orders placed with PSW cannot be cancelled without the written approval of PSW. In the event that PSW accepts the cancellation of any order placed, it shall be entitled to charge a reasonable fee for any work done on behalf of PSW to the date of the cancellation including a fee for the processing and acceptance of the Customer's order and request for cancellation.

LIEN: The Customer hereby acknowledges that PSW has a lien over all goods in its possession belonging to the Customer to secure payment of any or all amounts outstanding from time to time.

TITLE OF GOODS:
(I) Notwithstanding anything to the contrary express or implied, property in the goods shall remain with PSW and shall not pass to the Customer until PSW has received payment in full for the goods and the Customer has discharged in full all its accounts with PSW.
(ii) If payment is made by the Customer by way of cheque, ownership shall not pass to the Customer until the cheque has been honoured.
(iii) Until the goods are paid for in full the Customer shall hold the goods as a Trustee for PSW and shall keep the goods as a fiduciary for PSW and shall store and identify the goods in a manner that clearly shows PSW's ownership thereof.
(iv) In the event that the Customer fails to pay PSW for the goods by the due date required under PSW's terms of trade, the Customer hereby agrees to deliver up the goods to PSW upon demand and consents to PSW retaking possession of the goods which remain unpaid and thereupon PSW shall be entitled to resell the goods to a third party.
(v) The parties acknowledge that by supplying or accepting goods on the terms herein specified, it is not intended to create a charge, mortgage or other security interest over any of the goods supplied.

POWER TO SELL GOODS: Nothing herein contained shall prevent the Customer from selling the goods to any third party provided that the proceeds of any such sale shall be held in trust by the Customer for PSW until PSW has received payment in full for the goods.

JURISDICTION: The proper law of all contracts arising between PSW and the Customer is the law of the State of Victoria and the parties agree that all disputes relating to the goods should be determined in a Court of competent jurisdiction nearest Melbourne and the parties irrevocably agree to submit to the non exclusive jurisdiction of such Court.