Terms and Conditions
for Sale of Products
1.
Parties
a.
These
terms and conditions of sale, as amended from time to time by the Seller, apply
to all sales of Product between the Seller and the Customer.
2.
Quotations and orders
a.
The
Seller is not responsible to the Customer for a breach of its obligation to
supply the Product pursuant to an order the Seller has accepted, or for any
delay in delivery, if the failure to supply or the delay in delivery, is caused
by matters beyond the reasonable control of the Seller (including, without
limitation, acts of God, acts of government, war or other hostility, national
or international disaster, fire, explosion, power failure, equipment failure,
strike or lockout, inability to obtain necessary supplies and any other force
majeure occurrence).
b.
Under
no circumstances is the Seller liable for any consequential loss or damage
resulting from any breach of contract or warranty, including breach of an
essential term, and the Seller’s liability is limited to the order price of the
Product.
3.
Risk in the Product
a.
The
risk of loss or damage to the Product passes to the Customer on the date and at
the time that the Product is removed from storage for the purpose of delivery
to the Customer.
4.
Delivery
a.
Any
delivery times notified to the Customer are estimates only and the Seller is
not responsible for late or non-delivery.
5.
Retention of title
a.
It is
expressly agreed and declared that the Product delivered by the Seller to the
Customer remains the sole and absolute property of the Seller as legal and
equitable owner until all money due to the Seller has been paid to the Seller,
but such Product will be at the Customer’s risk from the time of delivery of
the Product to the Customer.
b.
The
Customer undertakes to store the Product on its premises separately from its
own goods or those of any other person and in a manner which makes the Product
readily identifiable as the Seller’s Product, until delivery of the Product to
a third party.
6.
Claims and liabilities
a.
In no case shall Greenlife Oil Pty. Ltd. be liable
for any claim based upon breach of any condition or warranty expressed or
implied unless such claim is made before discharging of goods. The liability of Greenlife Oil Pty.
Ltd. In respect to any claim is restricted to the replacement of goods. Greenlife Oil Pty. Ltd. shall retain
title in the goods until such time as the payment is made in full by the
Customer and until such time the customer shall hold the goods as Bailee for
Greenlife Oil Pty. Ltd.
b.
The
total liability of the Seller, its employees, servants and agents is limited to
one or more of the following at the option of the Seller:
i.
replacement
of the Product supplied or supply of equivalent Product;
ii.
payment
of the cost of replacing the Product or of acquiring equivalent Product;
and does not extend to consequential
loss or damage.
7.
Warranties
a.
The
Seller warrants that the representative Product sample taken has the
specifications noted in the Certificate of Analysis. The Customer should make
its own product analysis prior to the discharging of goods as they are deemed
accepted by the Customer once unloaded. The Seller makes no other warranty.
b.
For
the purpose of making any claim in accordance with this clause the Customer
must subject to the limitation referred to in clause 6;
i.
immediately
upon becoming aware of circumstances giving rise to a claim under this clause,
notify the Seller, its employees, servants or agents prior to the discharge of any
goods.
ii.
allow
the Seller, its employees and agents full and free access to the Product in
relation to which the claim is made and to the place where the Product has been
applied or used for the purpose of conducting such tests as the Seller may in
its absolute discretion consider necessary to determine whether the claim is
justified or not.