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Terms and Conditions of Sale - Sydney Galvanizing Pty Ltd (“the Company”)
a) Quotations are current as at the date of the quote and remain current for a period of fourteen (14) days unless otherwise specified in writing.
b) Prices quoted are in respect of articles free from any surface coatings. Coatings such as oil, paint markers, paint lacquers, weld slag, or other surface contaminants will be subject to additional charges if the Company is required to remove same.
c) Prices, unless specifically stated in our quotation, do not cover the cleaning, re-tapping or brushing of the threaded articles.
d) Pricing is based on galvanized weight of the product.
e) A Zinc surcharge may be applied to all galvanizing as a result of volatile movements in the market price of zinc. This surcharge if applied fluctuates monthly based on the market price of zinc.
f) Where no quote number is provided, pricing is determined after galvanizing, based on the galvanized weight. Pricing as invoiced shall override any pricing estimates indicated by customer purchase order.
a) Subject to clause 2(d), unless otherwise approved in writing, payment must be made upon the Customer taking delivery of the items. In the instance where the customer delays collection of goods for more than 7 days, payment must be made upon the customer being notified that the goods have been completed and are ready for collection.
b) If the Company specifies to the Customer in writing that clause 2(a) does not apply, then payment must be made no later than 30 days from the day on which the invoice is rendered. c) If any invoice remains outstanding after the due date, the Company shall be entitled to charge interest and the Customer is required to indemnify the Company for its full legal and other costs of recovery of any amounts due.
d) An overdue account penalty fee of 2% above the cash rate as determined by the Reserve Bank of Australia to be calculated on a daily basis and accrued, this may be applied on all amounts outstanding for more than sixty (60) days.
3. Suitability The Purchaser shall ensure that any item delivered to the Company (“the item”) is suitable for galvanizing including, without limiting the generality of the foregoing, that:
a) The item can be galvanized safely. The Company has the right to insert holes in or make other such modifications to the item as it deems appropriate to ensure the item is safe for galvanizing, and if the Company is required to carry out any modifications, they shall be done at the Customer’s expense.
b) the item: i) is of sufficient design and steel quality to ensure that it does not distort and can withstand temperatures of up to 500 degrees Celsius; and ii) will otherwise be able to withstand the distortion, strain, aging or other defects which can occur in the galvanizing process.
c) If the item is comprised of a closed vessel or hollow structure, or has previously been galvanized, the Customer specifically acknowledges that the Company has expertise to advise as to the suitability of such item for Hot Dip Galvanizing. The Customer will make its own assessment as to the suitability of the item for galvanizing and the Company relies on the Customer’s assessment in this regard. The presentation of the item for galvanizing will be an acknowledgement by the Customer that the item is suitable for galvanizing.
d) The Customer must advise the Company of any unusual aspects of the composition of the material of which the item is composed (such as high (that is, above 0.04%) silicon levels) which may affect the thicker coatings, dull grey colour and reduced mechanical properties.
4. Limitation of Liability Subject to any rights that the Customer may have under law which cannot be excluded or modified by agreement:
a) any item galvanized by the Company is galvanized at the Customer’s risk and the Company is not responsible for any defect which may arise even when such defects arise as a result of the negligence of the Company, its servants or agents;
b) should any party, other than the Company, incur any loss, cost, damage or expense (“loss”) as a result of galvanizing carried out by the Company, including where such loss arises as a result of the Company’s negligence, the Customer shall indemnify the Company in respect of any such loss, including the legal costs of any party claiming to have incurred such loss, and the legal costs of the Company;
c) The Company gives no warranties or guarantees in respect of the suitability of any item for galvanizing.
5. Certificates Any certificate signed by or on behalf of the Company, setting out any matter the subject of these galvanizing conditions shall be final and conclusive of the facts contained in that certificate.
a.) The Company is not responsible for any effects on a galvanized item which arise as a result of the storage or use of aggressive materials by the Customer on the galvanized item. b.) Any claim by the Customer regarding any aspect of the galvanizing or delivery must be notified in writing to the Company within 7 days of the Customer taking delivery of the item. Any claim which the customer does not notify within this timeframe will be deemed to have been waived.
7. Unclaimed Item
a.) Any item which remains uncollected for a period of 1 calendar month from the date on which the Company notifies the Customer that the item is ready for collection will incur additional handling and storage charges without further notice to the Customer.
b.) Any item which remains uncollected for a period of 3 months from the date on which the Company notifies the Customer that the item is ready for collection will be deemed to be the property of the Company.
8. Quality Standards The Company will carry out galvanizing, inspection and quality control in accordance with AS/NZI 46802006. This standard will serve as the sole reference for any dispute concerning galvanizing, inspection or quality control.
9. Customer Restructure or change of Directors Should there be any variation to the information supplied by the Customer in this application or in the structure or management of the Customer or in the nature of its business including (but not limited to) change in directors or senior management or change in partnership or conversion to or from a company or to or from a trust, then the Customer shall notify the directors or credit manger of the Company in writing within 7 days of the date of any such change. Unless notification of such variation or change is given, the original Customer or Guarantors on this application shall remain liable to the Company as though any goods or services supplied by the Company were supplied to the original Customer