| 1 |
a. |
DELIVERY AND
INSURANCE |
La-z-boy Australia Pty Ltd shall not be responsible or liable in any
way to the Purchaser for delays or defaults in delivery of the order or any part
of the order nor for any consequential losses arising from said delays or
defaults. |
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b. |
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All goods should be checked on arrival. No goods returnable after 14 days.
Claims for shortages or damage must be lodged within 48 hours and supported in
writing quoting packing slip and/or invoice number. Goods damaged in transit are
the sole responsibility of the carrier and claims of this nature should be
forwarded directly to them. No goods accepted for return without prior written
consent. |
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c. |
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La-z-boy Australia Pty Ltd may discontinue the supply of goods to the
purchaser at any time, but will only do so in a fair and reasonable manner. |
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d. |
INSURANCE |
Our liability for goods ends when they leave our warehouse. It
is wise to have adequate coverage for goods in transit. |
| 2 |
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PAYMENT |
The Purchaser is to pay the prices and charges in accordance with the
terms and conditions of sale. PAYMENT TERMS. Our terms are strictly net, due for
payment by the 20th of the month following purchase. If an account is in arrears
we reserve the right to withhold delivery of goods until account is current, and
charge the Purchaser an amount equal to 2% per month on the amount unpaid from
the due date for payment until the date of payment. |
| 3 |
a. |
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Notwithstanding delivery of the goods supplied under this invoice by
La-z-boy Australia Pty Ltd to the Purchaser, title to an ownership of the goods
the subject of this invoice shall not pass to the Purchaser unless and until the
Purchaser has paid the full price payable for the goods. Pending such payment
the Purchaser shall possess the goods as bailee only and, without prejudice to
all other rights and remedies of La-z-boy Australia Pty Ltd, and regardless of
any agreement between the parties as to terms of payment for the goods, La-z-boy
Australia Pty Ltd may enter the Purchaser’s premises and retake possession of
the goods and terminate this bailment without notice to the Purchaser and
without incurring any liability to the Purchaser at any time up until the full
price payable has been paid, upon any of the following events occurring: |
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(i) |
the appointment of a receiver, or receiver and manager to the Purchaser; |
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(ii) |
the appointment of an administrator, provisional liquidator, or
liquidator, or official manager or any other administrator of the affairs of
insolvent companies to the Purchaser; |
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(iii) |
the commencement of any proceedings or the making of any application
for the appointment of any such persons mentioned above; |
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(iv) |
a mortgagee or agent for such mortgagee entering into possession of the
Purchaser’s assets or undertaking; |
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(v) |
a breach of the provisions of this invoice. |
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b. |
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The Purchaser shall keep the goods supplied under this invoice stored
separately and apart from any property belonging to any person other than
La-z-boy Australia Pty Ltd, and shall keep separate stock records for all such
goods. Any label affixed to the goods, or markings made upon the goods for the
purpose of identification, shall not be removed by the Purchaser without the
express consent of La-z-boy Australia Pty Ltd, unless and until the Purchaser
has paid the full price payable for the goods. |
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c. |
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In the event that, notwithstanding the preceding provisions hereof, the
Purchaser sells all or any of the goods supplied under this invoice to any
customer of the Purchaser, bona fide and in the ordinary course of business,
then the Purchaser undertakes and agrees to retain and hold out of the monies
paid by such customer an amount equal to the unit price of the goods as set out
in this invoice and to account for those monies to La-z-boy Australia Pty Ltd
upon being so required by La-z-boy Australia Pty Ltd. |
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d. |
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No provision of this invoice is intended to, nor shall it, constitute a
charge in respect of the goods supplied under this invoice or in respect of any
monies paid to the Purchaser by any customer of the Purchaser purchasing such
goods. If any provision of this invoice creates a charge over any goods
supplied, or monies paid to the Purchaser by any customer of the Purchaser
purchasing such goods, or shall be found to be void or unenforcable for any
other reason, then that provision shall be severed and excised from this invoice
and the remainder of the provisions shall be read and construed as if that
severed and excised provision was not part hereof. |
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e. |
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Unless otherwise expressly agreed, the risk in all goods supplied to the
Purchaser under this invoice shall pass to the Purchaser upon delivery. The
Purchaser shall effect and maintain adequate insurance against loss or damage to
any of the goods, which shall be taken out in the name of La-z-boy Australia Pty
Ltd and note the Purchaser’s interest as bailee. The Purchaser shall provide to
La-z-boy Australia Pty Ltd satisfactory evidence of such insurance. Without
prejudice thereto, in the event that the Purchaser fails to effect and maintain
adequate insurance in respect of the goods supplied under this invoice La-z-boy
Australia Pty Ltd shall be entitled to enter the premises of the Purchaser and
re-take possession of the goods. |
