1.Star Micronics will use its best endeavors to deliver the Products to the place of delivery specified by the Customer on the proposed delivery date but in no event will it be liable for any loss or damage suffered by the Customer as a result of the Products being delivered after the proposed date.
2.The Customer must allow Star Micronics or its delivery agent free access to the place of delivery at all reasonable times in order to effect delivery of the Products. At the time of placing an order the Customer will provide accurate delivery information to Star Micronics in order to effect timely delivery of the Products.
3.Star Micronics will freight the Products to the place of delivery as specified by the Customer. Freight and handling charges are the responsibility of the customer. Any additional charges incurred by Star Micronics for re-delivery of the Products will be billed to the Customer.
4.Risk in the Products passes to the Customer upon collection by or delivery to the carrier at Star Micronics premises and the Customer must insure the Products at its own expense and maintain such insurance until title passes to the Customer.
5.Despite clause 4. above title in the Products (both legal and beneficial) remains in Star Micronics notwithstanding delivery to the Customer or its carrier until Star Micronics receives payment in full of all money owing by the Customer to Star Micronics (whether in respect of money payable under the invoice for this order, another invoice or specific contract or any other account whatsoever). If the balance of this clause is held to be unenforceable or ineffective for any reason, the Customer agrees that title in the Products does not pass until Star Micronics has received payment in full for those Products that are subject of this order.
6.Until title passes to the customer, the customer must by separate storage or some other means, ensure that the Products are readily identifiable as the property of Star Micronics and must keep the Products as bailee for and on behalf of Stare Micronics.
7.If payment is not made within 3 days of final demand in writing made by Star Micronics, the Customer irrevocably authorizes Star Micronics without prejudice to any other remedies Star Micronics may have, to enter the premises where the Products are stored and re-take possession of the Products.
8. Notwithstanding the above, before Star Micronics has received full payment for the Products the Customer will be entitled to offer for sale the Products in the ordinary course and Star Micronics will be legally and beneficially entitled to the proceeds of any such sale to the extent of any payment due to Star Micronics and the Customer must keep the proceeds of any such sale separate from its own moneys and account to Star Micronics for such proceeds and Star Micronics will have the right to trace the proceeds according to the rules of common law and equity. A like right will apply where the Customer uses the Products in any way so as to be entitled to payment from a third party.
Return of Goods for Credit
No Products will be accepted for return without prior notice and without the original packaging being unopened and undamaged. A full credit will be allowed on Product returned within 7 days of invoice. Product returned after 7 days and up o 30 days after invoice will incur a handling charge of 10% of the selling price. A credit will not be allowed on Product returned after 30 days from invoice. Product returned for credit must be freight paid to Star Micronics office specified by a Star Micronics Returns officer at time of requesting the return, and invoice number, date and reason for return supplied.
“Star Micronics” means Star Micronics Pty Limited
ABN 62 003 053 263.
“Customer” means the party to whom the invoice for a sale is addressed.
“Product” and “Products” means the goods specified in the invoice.