1. Definitions:
1.1 "The Suppliers" means Velflex (ABN 90 402 650 824).
1.2 "Purchaser" means the person ordering the goods - the subject of this contract.
1.3 "Goods" means the goods supplied by Velflex (ABN 90 402 650 824).
1.4 "The Monies Due" includes the purchase price for the goods and any delivery and freight charges, GST and extra packing charges if any.

2. General:
2.1 The only contractual terms which are binding upon the suppliers are those set forth herein or otherwise agreed to in writting by the Suppliers and those which are imposed and cannot be excluded by law.
2.2 All other conditions, warranties, representations, statements and obligations, whether expressed or implied which would otherwise be binding on the Supplier are to the extent permitted by law hereby expressly excluded and negatived.

3. Orders:
3.1 Orders shall only be processed by the Suppliers on the basis of payment of the order being made at the time the order is processed or unless orders are released on good will to the Purchaser at the Suppliers discretion.
3.2 The Suppliers has the sole legal right to determine the refund, backorder or supply new or replacement items on any order that is delivered with missing or incorrect items - NO EXCEPTIONS.
3.3 The Suppliers is not in any way legally liable for any goods (orders) NOT arriving at any destination on a due date.
3.4 The Suppliers will always endeavor to deliver all goods (orders) as requested on time but are not responsible or legally liable for any delays in delivery to the purchaser.

4. Credit Claims:
4.1 The Suppliers must be notified in writing by the Purchaser regarding the intention to return goods and the return MUST be authorised by the Suppliers in writing.
4.2 The Suppliers shall not accept the return of goods unless such goods are returned to the Suppliers within 7 days of the receipt by the purchaser.
4.3 The Purchaser shall be responsible for all charges and costs incurred in the return of goods unless such the Suppliers determine otherwise.
4.4 Credit claims for shortages must be notified to the Suppliers in writting within 48 hours of receipt of goods.
4.5 The Suppliers reserves the right to determine what action, if any, is to be taken if goods are incorrectly decorated.
4.6 Goods returned must be in the original condition as sent (ie: in same box, carton or plastic wrapping) or they will not be accepted for credit.
4.8 A 10% or $20.00 + gst (which ever is the greater sum) administrative charge will be applied on any refund on all returned goods.

5. Price and Payment:
5.1Prices of goods are subject to periodic change. The Suppliers payment terms are that payment shall be made by the Purchaser to the Suppliers for all goods before dispatch or unless dispatched on goodwill by the Supplier.
5.2On goods dispatched to the Purchaser on goodwill or after a credit account has been opened for the Purchaser, the Supplier will accept and dispatch orders on the basis that the payment will be received by the Suppliers within the terms of that account of the receipt by the Purchaser of the goods.
5.3Any goods dispatched on goodwill to the Purchaser renders the balance of any outstanding amount of monies due on that order be paid in full within 7 days of receipt of the goods.
5.4If payment is not made in accordance with Clauses 5.2, 5.3 or 5.5 then interest and administrative charges calculated at the interest rate of 20%/pa shall accrue on the monies due and payment shall be credited by the Suppliers firstly against any interest and administrative charges due.
5.5Monies due by the Purchaser to the Suppliers shall become payable immediately upon the Purchaser committing any act of insolvency.

6. Title:
6.1Not withstanding that risk in the goods shall pass to the account holder Purchaser as herein provided, the full legal and beneficial title to and ownership of the goods shall be retained by and remain with the Suppliers absolutely, until the whole of the monies due under the invoice are paid for in full.
6.2In the event that the account holder Purchaser defaults in the terms of the payments of goods, the Suppliers shall have the right to re-take possession of the goods by adopting whatever lawful means may be necessary where ever such goods may be located and the Suppliers shall have the right themselves or by their servants, employees, agents, or authorized representatives to enter the Purchasers premises without such person being deemed a trespasser to retake possession of the goods situated or stored thereon.
6.3The account holder Purchaser may sell the goods to a third party provided that the proceeds of any such sale are kept separate from all other monies held by the Purchaser.
6.4The account holder Purchaser hereby acknowledges that the Suppliers have a lieu over all goods in possession of the account holder Purchaser which belong to and are owned by the account holder Purchaser to secure payment of any monies due to the suppliers.

7. Change of Ownership:
7.1The Purchaser hereby agrees to notify the Suppliers in writing of any change of ownership of the Purchaser within seven days from the date of such change and indemnifies the Suppliers against any loss incurred by the Suppliers as a result of the Purchasers failure to do so.

8. Jurisdiction:
8.1The parties hereby agree that the proper law of all contracts arising between the Suppliers and the Purchaser is the law of New South Wales and the parties hereby agree to submit to the jurisdiction of the Courts of that State.

9. Collection Charges:
9.1 The Purchaser hereby agrees to pay all costs incurred by the Suppliers including commission charges by Collection Agencies and legal costs and disbursements (including Solicitor/Client cost) for the collection of any outstanding monies owned by the Purchaser to the Suppliers.
9.2The Purchaser agrees that if in receipt of goods sent by the Supplier on goodwill hereby agrees to pay all costs incurred by the Suppliers including commission charges by Collection Agencies and legal costs and disbursements (including Solicitor/Client cost) for the collection of any outstanding monies owned by the Purchaser to the Suppliers if payment for those goods has not been received in sixty days.