Terms & Conditions
1. Terms and conditions
1.1 These terms and conditions of sale (Terms) govern the supply of all Goods by Coopers
Signage Pty Limited (ABN 87 652 085 866) (Signature Signs) to a customer (Customer)
and together with any terms set out in any quotation issued by Signature Signs and any
guarantee entered into between Signature Signs and the Customer and/or the Customer’s
directors, partners or trustees will constitute the entire agreement between Signature Signs
and the Customer. In the event of any inconsistency between these Terms and any
terms set out in a quotation, these Terms will prevail.
1.2 In these Terms, “Goods” means all goods and/or services supplied by Signature Signs to the Customer, or ordered by the Customer but not yet supplied, and includes goods
described on any quotation, invoice, purchase order or any other document issued by Signature Signs.
2. Quotations and orders
2.1 Prices quoted by Signature Signs are based upon prices, rates and charges in effect on
the date of quotation or any other such date as specified in the quotation. All quotations are valid for the time period specified on the quotation and Signature Signs may vary or withdraw a quotation at any time.
2.2 Orders for Goods may only be cancelled or varied with Signature Signs’ prior written
consent (with may be given at Signature Signs’ sole discretion).
3. Supply of Goods
3.1 The Customer may elect to have the Goods delivered by Signature Signs or pick-up the
Goods from Signature Signs’ premises. Such election must be made and notified to
Signature Signs at the time the Customer places an order.
3.2 If the Customer elects to have the Goods delivered, the cost of delivery of the Goods
to the advised delivery address is payable by the Customer.
3.3 Signature Signs will bear the loss or damage to the Goods in transit where delivery is elected by the Customer and made by Signature Signs or Signature Signs’ nominated
transportation carrier. In all other cases, the Customer is responsible for loss or damage
occurring during transit.
3.4 If the Customer elects to pick up the Goods, any pick-ups must be made at
Signature Signs’ specified premises during normal business hours, unless otherwise
agreed between the parties in writing.
3.5 Signature Signs will not be liable for any loss or damage, including consequential loss or
damage, arising from any delay in delivery or failure to deliver the Goods, either
whole or in part, due to circumstances beyond Signature Signs control.
3.6 The Customer will inspect the Goods upon delivery or pick-up.
3.7 If the Customer considers any Goods to be defective and/or that an order has
not been fulfilled because any Goods are short in quantity, length and/or weight
(Defect) then the Customer must give written notice to Signature Signs of such Defect
within seven days of delivery of the Goods (Claim).
3.8 On receipt of any Claim in accordance with clause 3.7, the Customer will give Signature Signs an opportunity to inspect the Goods in order to investigate the Claim. If, following
investigation of the Claim, Signature Signs considers the Goods to be defective, then Signature Signs may (a) pick-up the Goods or request that the Customer returns the Goods to
Signature Signs; and (b) elect (at Signature Signs sole discretion) to: (i) replace the Goods;
or (ii) refund the price of the Goods, which refund may be limited to the amount which
Signature Signs is able to recover from Signature Signs’ supplier. Vulcan will have no further
liability to the Customer following any action taken by Signature Signs under this clause 3.8.
4. Payment
4.1 Signature Signs will submit invoices to the Customer for Goods to be supplied to the
Customer. Unless otherwise specified in Signature Signs’ invoice, the Customer must pay
Signature Signs the amount set out in the invoice in full no more than 14 days from when
any given purchase is made.
4.2 The Customer must pay Signature Signs by electronic funds transfer to such bank account
as nominated by Signature Signs.
4.3 All payments must be (a) in Australian dollars; (b) for the full amount of the invoice
and not subject to any deduction for any currency conversion or other bank fee;
and (c) free of any deduction, withholding, set-off, counterclaim, restrictions or
conditions except to the extent the deduction or withholding is required by law.
4.4 Should the Customer fail to pay any Signature Signs invoice by the required due date and in the manner provided in these Terms, Signature Signs may charge the Customer: (a) default
interest (Default Interest). Default interest will be calculated at the base overdraft facility rate charged by Signature Signs bankers from time to time. Default Interest will accrue on a daily basis from the due date to the date of actual payment, both before and after an court judgment to pay; and (b) for any legal, debt collection and other expenses incurred by Signature Signs in relation to recovery of such debt.
4.5 Signature Signs reserves the right to offset any amount due by the Customer against any
amount payable by Signature Signs to the Customer.
5. Ownership, risk and insurance
5.1 Notwithstanding any period of credit, legal and beneficial title and ownership of
any Goods supplied by Signature Signs to the Customer will remain with Signature Signs
until the Customer has paid: (a) for those Goods in full; and (b) all other amounts owing in
accordance with clause 4.4.
5.2 Until ownership of the Goods passes to the Customer, the Customer agrees: (a) to
hold the Goods in trust for Signature Signs as Signature Signs’ bailee; and (b) to store
the Goods at the Customer’s cost separately from other goods and clearly distinguish and
identify the Goods as the property of Signature Signs.
5.3 In the event that the Customer defaults in the payment of any amount owed to
Signature Signs, the Customer irrevocably grants Signature Signs (including its
employees and agents) the right to: (a) enter (without notice) the Customer’s premises
or any other premises where the Goods are known, or reasonably believed, to be stored;