TERMS AND CONDITIONS OF PURCHASE
The following terms and conditions (“the terms”) apply to the purchase and/or delivery of the goods (“the Goods”) between St George Metal Traders PTY LTD ABN 26 153 952 991 (“SGMT”) and the supplier of the Goods (“the Supplier) as set out on the attached invoice, Recipient Created Tax Invoice or Scrap Purchase Invoice.
- RISK AND TITLE: Upon SGMT taking possession of the Goods and confirming that the Goods are free of contaminants to the satisfaction of SGMT, title to and risk in the Goods will pass to SGMT.
- PURCHASE PRICE: The purchase price for the Goods will be as per a provided price list from SGMT, agreed between the parties and in the absence of any such agreement, will be the market price for the Goods as determined by SGMT at its sole discretion.
- CONDITION OF GOODS: The Supplier warrants that the Goods are of merchantable quality, free from defects, fit for purpose and in accordance with any specifications agreed to between SGMT and the Supplier. The Supplier further warrants that the Goods are free from any security interests (as that term is defined in the Personal Property Securities Act 2009 (Cth).
- PAYMENT TERMS: Subject to point 5. below or as otherwise addressed in a specific supply agreement between SGMT and the Supplier, where the Supplier elects to invoice SGMT for the Goods supplied, SGMT will make payment within 28 days from the date SGMT receives a valid tax invoice from the Supplier with respect to the Goods supplied to SGMT. The Supplier acknowledges and agrees that it is the Supplier’s obligation to issue a valid tax invoice to SGMT and that invoices must be submitted promptly by the Supplier after delivery or collection of the Goods.
- Where a valid Recipient Created Tax Invoice (“RCTI”) agreement exists between the parties, and the Supplier elects for SGMT to issue an RCTI for the Goods supplied to SGMT, SGMT will issue the RCTI once proof of delivery/collection (GRD Number((Goods Recieved Docket)) has been provided to SGMT and make payment within 28 days from the end of the month from the date SGMT receives a GRD Number or the Goods from the Supplier whichever is the latter.
- In all other cases, payment will be made by SGMT within 28 days of presentation by the Supplier of proof of delivery of the Goods to SGMT.
- OBLIGATION TO PROVIDE INVOICE AND SUPPORTING DOCUMENTS: Where the Supplier is required to issue a tax invoice or provide proof of delivery to SGMT for payment and the Supplier fails to do so within 6 months of the date of delivery, the Supplier acknowledges and agrees the following:
- SGMT is under no obligation to accept the tax invoice for the Goods or part thereof;
- SGMT is under no obligation to make payment for the supply of the Goods or part thereof; and
- Any payment made by SGMT will be at its sole discretion.
The Supplier acknowledges and agrees that the terms and conditions of payment as set out in clauses 4, 5, 6 and 7 are reasonable and necessary for the protection of the legitimate interests of SGMT and do not constitute a penalty.
- INSPECTION: Upon delivery or collection, SGMT will have the right to inspect the Goods. If SGMT determines, acting reasonably, that the Goods have not been supplied in accordance with these terms, or as agreed between the parties, then SGMT may give notice to the Supplier that it has rejected the Goods and the Supplier must immediately, at its cost, arrange for the collection of the Goods.
- INDEMNITY: The Supplier indemnifies SGMT against any liability, loss, cost or damage suffered or incurred by SGMT as a result of the Supplier’s failure to adhere to these terms and any other agreement in relation to the supply of the Goods.
- MICELLANEOUS: These terms may be varied by SGMT without notice.
These terms are governed by the laws of the state or territory where the contract for the supply of the Goods between the Supplier and SGMT is formed, and the Supplier irrevocably submits to the non‑exclusive jurisdiction of the courts of that state or territory. The failure of SGMT to enforce any of the terms of any time or for any period of the time does not affect its rights to later enforce the same. Any provision of these terms which is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability and may be severed from the terms. This will not invalidate the balance of the terms nor affect the validity or enforceability of the provision in any other jurisdiction.