Terms & Conditions

Goods supplied by PROPAK INDUSTRIES PTY LTD – AUSTRALIA are supplied upon the following terms and conditions and not otherwise, and PROPAK INDUSTRIES PTY LTD – AUSTRALIA expressly rejects any Conditional sales order placed by the purchaser.

1. A contract is formed when PROPAK INDUSTRIES PTY LTD has received an order and or sends the purchaser a written acceptance or dispatches goods pursuant to the order.

2. The price is that quoted by PROPAK INDUSTRIES PTY LTD in respect of the particular order and not in any brochure or other product information published. Prices are ex warehouse. The purchaser shall arrange to bear the cost of delivery, freight and insurance.

3. Dispatch dates will be observed subject to PROPAK INDUSTRIES PTY LTD’S ability to affect transport by available mean.

4. No claims in reference to items covered by this invoice will be recognised unless made in writing within 7 days of delivery.

5. Payment is to be made within 30 days following the month in which the invoice is rendered and if paid as aforesaid PROPAK INDUSTRIES PTY LTD – AUSTRLAIA, reserves the right to charge interest at the rate of 2.5% per month on all outstanding invoices per month on all outstanding monies dating back to the original date of the invoice.  The purchaser must also reimburse PROPAK INDUSTRIES PTY LTD all fees, costs and expenses of any nature whatsoever that are incurred by reason of the purchaser failing to make payment of an account by the due date for payment.

6. Unless prevented by statute all implied terms, conditions and warranties are excluded.  PROPAK INDUSTRIES GUARANTEES THAT THE PRODUCTS WILL be free of defects but is not responsible for the use or misuse of the goods or the installations thereof by the purchaser or third party.  The purchasers remedy for any breach of condition warranty or condition of goods shall be limited at the discretion of PROPAK INDUSTRIES PTY LTD to the replacement of the good and shall not include any consequential loss or damagers in the event of any defect in or failure if goods.

7. All goods are supplied subject to retention of title.  The goods remain property of PROPAK INDUSTRIES PTY LTD until complete payment of all claims due to PROPAK INDUSTRIES PTY LTD arising from all business transaction between PROPAK INDUSTRIES PTY LTD and the purchaser.  Prior to use or resale of goods the purchaser shall maintain them in an identifiable condition in store or on site.   The purchaser may resell the goods in the ordinary course of business subject to maintaining PROPAK INDUSTRIES PTY LTD rights against the goods and acting as fiduciary in recovering payment of the goods and segregating such proceeds for the account of PROPAK INDUSTRIES PTY LTD until PROPAK INDUSTRIES PTY LTD is paid in full.  The purchaser assigns to PROPAK INDUSTRIES PTY LTD any claims or rights against sub-purchasers in order to enable PROPAK INDUSTRIES PTY LTD to make full recovery of all monies owed to it in respect of the goods.

8. The purchaser acknowledges that the retention of title is a security interest as defined in the Personal Property Securities Act 2009 (“PPSA”).  The Customer undertakes to promptly sign any necessary document and provide any further information that may be reasonably required to register the Security Interest on the Personal Properties Securities Register.  The Customer agrees that Sections 96, 115 and 125 of the PPSA do not apply to the security interest created by these terms and conditions.

9. All monies clause.  In the event of the Customer defaulting in any of the terms of this agreement including the payment of all monies due under this agreement, then PROPAK INDUSTRIES PTY LTD shall have the right (without giving notice) to retake possession of any PROPAK INDUSTRIES PTY LTD goods supplied to the Customer and the Customer herby authorizes and allows PROPAK INDUSTRIES PTY LTD or its representative, servant, agent or employee to enter the premises upon which the goods are housed or stored for the purpose of retaking possession of same and PROPAK INDUSTRIES PTY LTD shall not be liable for any costs, losses, damages or any other monies or losses suffered by the Customer as a result of PROPAK INDUSTRIES PTY LTD retaking possession of the goods.  If the purchaser defaults in payment of any amount owed to PROPAK INDUSTRIES PTY LTD the Purchaser specifically authorise PROPAK INDUSTRIES PTY LTD to lodge a Caveat against any dealings with any such property AND I/WE DECLARE that the proper law of this Guarantee shall be of State of South Australia and that any proceedings taken by PROPAK INDUSTRIES PTY LTD may be taken in the Courts of the State of South Australia.

10. The customer hereby acknowledges and agrees that the SUPPLIER has a lien over all goods in its possession belonging to the customer to secure payment of any or all amounts outstanding from time to time.  The Customer hereby charges all property, both equitable and legal, of the Customer in respect of any monies that may here in after be owing to the SUPPLIER under this contract by the Customer or otherwise and hereby authorise for the purpose of registering a caveat over any real property owned by the Customer at any time, or to register this charge over assets of the Customer with the Australian Securities Commission.

11. This sale is governed by the law of South Australia.  All disputes arising hereunder will be dealt with in the Courts of South Australia and courts hearing appeals there from.  

12. PROPAK INDUSTRIES PTY LTD does not wave any of its strict legal rights in respect of these conditions of the goods and shall not be bound by any waiver made by its servants and agents on a particular occasion.

13. The purchaser hereby releases, indemnifies and defends PROPAK INDUSTRIES PTY LTD from and against any losses, liabilities, claims and costs caused by or arising out of the way in which they are contained or made in compliance with the purchaser’s design or specification.

14. PROPAK INDUSTRIES PTY LTD will not be responsible for any delay in or failure of performance of supply or delivery caused by circumstances beyond its control including, but not limited to, strikes, lock-outs, labour disturbances, Act of Government, riot, civil war, commotion, fire, flood, failure of power supply or similar event and shall not be liable for any consequential loss, damage, expense or claim suffered by the purchaser or any other party as a result of any such event.

15. PROPAK INDUSTRIES PTY LTD may in its absolute discretion accept the return of standard products (but not special products) to the credit of the purchaser provided that such products are returned to its factory unused and undamaged before the expiry of 14 days after their delivery to the purchaser and the purchaser agrees to pay a handling and administration charge equal to 10% of the price.  No returns of special products will be accepted.

16. These conditions will not be varied unless PROPAK INDUSTRIES PTY LTD agrees in writing.

Effective from 18 June 2012