Terms and Conditions

1. DEFINITIONS AND INTERPRETATION
In the following Conditions of Sale a) “The Seller” means Rowe Scientific Pty Ltd (ABN 63 009 437 790).

b) “The Buyer” means the Person, Company or Party purchasing the goods subject to these Conditions of Sale. c) “The Goods” means the goods and services.

2. TITLE OF GOODS
Title of Goods does not pass to the Buyer until all accounts or monies owing to the Seller have been paid in full.

3. PAYMENT TERMS
Payment Terms are Nett 30 Days. Any overdue amount in excess of 30 days may attract a rate of two and a half (2.5%) percentum interest per month on any balance owing to the Seller. The Seller reserves the right to withhold further supplies to the Buyer until any outstanding amount is paid in full. In the event that the Buyer is in default of payment terms the Buyer agrees that any expenditure or cost that the Seller has incurred in recovering the debt will be passed on to the buyer. No responsibility is accepted for incorrectly ordered goods.

4. RETURN OF GOODS
No returns are recognised unless made in writing within seven days. Delivery charges for return of goods will be at the Buyer’s expense unless otherwise agreed upon in writing. Credit on returns is subject to goods being returned in the condition that they were originally supplied. No direct payment will be made for returns by the Seller to the buyer, however a credit in favour of the buyers account will be provided. Goods may not be cancelled from an order except by mutual consent in writing. A re-stocking fee may be imposed on the Buyer subject to the Sellers discretion.

5. CONTAINERS
Some goods supplied by the Seller may attract a container charge as determined by the Seller, Cost of containers may vary or change without notice and containers are considered as sold by the Seller to the buyer, however, credit on returned containers may be extended to the Buyer subject to condition 5a.

5a. RETURN OF CONTAINERS
Buyers may return containers to the Seller subject to the following. Containers must be in reusable condition and must conform to Government and Statutory Regulations. Containers must not be used for any other purpose other than to contain the goods that are detailed on the label of the container. Any containers that have deteriorated or do not pass approved testing will not be credited. Credits to the Buyer will only be extended by the Seller on the basis of continuance of trade with the Seller. No direct payment will be made for returns by the Seller to the Buyer, however a credit in favour of the Buyers account will be provided.

6. PALLETS
Some goods are supplied by the Seller on Pallets. The Seller prefers hat pallets are exchanged at point of delivery to the Buyer’s store or transport company. Should exchange pallets not be available then the Seller reserves the right to apply a fee as determined by the Seller for the supply of pallets to the Buyer. The Seller shall be happy to accept pallet returns subject to returned pallets being in good and reusable condition. Credits to the Buyer will only be extended by the Seller on the basis of continuance of trade with the Seller. No direct payment will be made for returns by the Seller to the Buyer, however a credit in favour of the Buyer’s account will be provided.

7. PRODUCT LIABILITY
The Seller will not accept any responsibility whatsoever for any consequential loss or damage arising from use or consumption of Goods sold by the Seller to the Buyer other than responsibility for the merchantable quality of the Goods and such responsibilities mandatorily imposed by Statutes applicable to the sale or supply of the relevant Goods to the extent allowed by such Statutes. The liability of the Seller is limited to the replacement of the product, or at the option of the Seller, the refund of the price paid by the Buyer conditional upon a claim being made in writing and where possible sufficient part of the product to enable proper examination being returned to the seller within 30 days of delivery.

8. DELIVERY AND HANDLING
All Goods sold by the Seller to the Buyer are sold on the basis that the Goods are available ex works for the Buyers collection unless otherwise arranged by prior written agreement between the Seller and Buyer for the goods to be delivered by the Seller to the Buyer or to the Buyers nominated delivery point. The Seller will apply a delivery fee to the Buyers account for Goods delivered and will also apply a fee if the Buyer requests the Seller to collect Goods for return to the Seller from the Buyer unless otherwise arranged by prior written agreement. The Seller will only accept responsibility for Goods lost or damaged in transit whilst in the care of the Seller and will not accept any responsibility whatsoever for Goods lost or damaged in transit by the Buyers nominated transport.

RESERVATION OF TITLE

1. Ownership of the goods contained in each delivery (“the goods”) shall remain with the Seller which reserves the right to dispose of the goods until payment has been received in full or until such time as the Buyer sells the goods by way of bona fide sale at full market value.

2. Until payment in full for the goods has been received by the Seller the Buyer shall hold the goods as bailee for the Seller, provided however that the Buyer may, in the ordinary course of business, use any of the goods to make up other products or sell any of the goods to make up other products or sell any of the goods on condition that should the Seller so require the Buyer will assign to the Seller his rights in respect of the sale proceeds thereof. 3. In the event that the Buyer has any sequestration order made affecting his property or has any authority to a trustee under Section 88 of the Bankruptcy Act, or commits any act of bankruptcy or any petition for winding up, or is placed in receivership, or any official manager is appointed, or ceases to trade or carry on business in the usual manner, any amount then due ny the Buyer to the Seller shall become immediately payable or the goods returned if so desired by the Seller.

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