| 1. | Purchaser shall mean the person, firm or company named on the face of the order. | |
| 2. | MOSSÉE Pty Ltd – ABN: 49 138 029 277and its successors and assigns | |
| 3. | Cash against Documents shall mean an arrangement whereby the purchaser pays the price upon receipt of invoices, and the goods are delivered after receipt of the price. | |
| 4. | Final shipping date shall mean the date upon which the goods are dispatched from MOSSÉE factory or warehouse. | |
| 5. | COD shall mean Cash on Delivery. | |
| 6. | The purchaser acknowledges that the Order may not be cancelled, postponed or reduced without the consent of MOSSÉE. MOSSÉE shall not withheld consent unreasonably. Any request for cancellation, postponement or reduction of the Order by the purchaser must be made in writing to MOSSÉE's Sydney office within seven days of the Order. | |
| 7. | Should MOSSÉE agree in writing to permit the purchaser to postpone, cancel or reduce the order, then the purchaser will remain liable for the costs reasonably incurred by MOSSÉE in fulfillment of the contract prior to cancellation, postponement or reduction of the order. | |
| 8. | Any delivery date given in the course of any negotiation of the contract is given in good faith by both parties and is intended as an estimate only based on the availability of materials, factory capacity and all anticipated deliveries of local and imported items. | |
| 9. | MOSSÉE shall be liable for any and all loss or damage whatsoever including but not limited to any consequential loss, loss of profits, damages or expenses sustained by the purchaser as a result of any delivery of the goods or any part thereof for any reason whatsoever caused by any 'force majeure' which expression shall include but shall not in any way be limited to any facts or circumstances beyond the reasonable control of MOSSÉE including industrial disputes, defaults by suppliers, delays in transport, delays by the purchaser, acts of God, fires, floods and other catastrophes, accidents of whatever magnitude howsoever, whatsoever and whensoever arising including any negligent act by MOSSÉE or its servants or agents to the intent that MOSSÉE shall not be liable for any delay whatsoever without proof of intentional default in its part. | |
| 10. | The purchaser and MOSSÉE acknowledge that MOSSÉE shall have effected delivery of goods the subject of this order if the goods are delivered or delivery is attempted at the address shown on the face of the order as the address of the purchaser. In the event that the goods cannot be so delivered to such address, delivery shall be seemed to be effected at the time MOSSÉE notifies the purchase of the goods leaving MOSSÉE warehouse or factory. | |
| 11. | When the goods have been delivered to the premises as specified in the order, they will be at the entire risk of the purchaser. The property and / or the title to goods delivered shall not pass to the purchaser, and the purchaser shall keep the goods as bailee and trustee for MOSSÉE (returning them to MOSSÉE upon request) until the price of the goods has been wholly paid and until any other sums whatsoever have been paid, which are due from the purchaser to MOSSÉE whether under this contract or otherwise. The proceeds of the sales shall also be held by the purchaser in trust for MOSSÉE for as long as any sum whatsoever is due from the purchaser to MOSSÉE whether under this contract or any other account whatsoever. | |
| 12. | When the goods have been delivered they will be at the entire risk of the purchaser to the attention that the purchaser shall indemnify MOSSÉE in relation to any loss or damage occasioned thereto after such delivery. | |
| 13. | The purchaser acknowledges that it shall remain liable to pay for the goods pursuant to the contract if they are lost or damaged after delivery. | |
| 14. | If any part of the goods that are received by the purchaser are considered by it to be defective or damaged, then the purchaser must notify MOSSÉE of such defect or damage in writing within fourteen business days of delivery. The purchaser acknowledges that failure to comply with this condition shall be an acceptance by the purchaser of the goods and the purchaser will be precluded from claiming that the goods are not in accordance with the order or are in any way faulty. | |
| 15. | If at the time of delivery: (a) any containers, cartons, plastic covers or any other objects within which the goods are dispatched are damaged or broken. (b) it is apparent from the delivery docket or invoice or any other document that part of the delivery is missing then the purchaser must endorse the full particulars on the carrier's delivery docket and MOSSÉE must be notified of the same in writing within seven days of delivery. The purchaser acknowledges that failure to comply with this condition shall be an acceptance by the purchaser that all goods as indicated on the delivery docket were received in an undamaged state and the purchaser will be precluded from claiming otherwise. |
|
| 16. | If any part of the goods that are received by the purchaser are considered by it to be defective or damaged, then the purchaser must notify MOSSÉE of such defect or damage in writing within seven business days of delivery. The purchaser acknowledges that failure to comply with this condition shall be an acceptance by the purchaser of the goods and the purchaser will be precluded from claiming that the goods are not in accordance with the order or are in any way faulty. | |
| 17. | No term or condition contained in any document relating to the contract shall add to amend or delete any of these terms and conditions unless expressly agreed in writing by MOSSÉE. | |
| 18. | Without limiting the generality of the foregoing the purchaser acknowledges that by placing an order with MOSSÉE it does not rely upon any warranty of representation made by MOSSÉE or any person on its behalf except such as are expressly provided in these terms and condition of sale. | |
| 19. | The terms and conditions herein shall be binding on the purchaser his executors heirs and assign and the purchaser agrees that he will do all such things and sign all such documents as are necessary to give effect to this clause. | |
| 20. |
(a) The Laws of the State of New South Wales shall apply to the contract. (b) The parties agree that in case of any dispute or difference shall arise between MOSSÉE and the purchaser where the amount in issue (not including interest) dose not exceed ten thousand dollars ($10,000) then either party shall give to the other notice in writing of such dispute or difference, and at the expiration of seven days unless it shall have been otherwise settled such dispute or difference shall be and hereby submitted to the arbitration of an arbitrator who shall be the President of the Law Society of New South Wales or his nominee. (c)Any notice required to be given hereunder shall be deemed to be sufficiently given if sent by prepaid post to either MOSSÉE or the purchaser at the address shown on the face of the order or by facsimile to MOSSÉE or by normal post to MOSSÉE. |
|
| 21. | Where the contract so requires, words importing the singular shall be deemed to include the plural and vice versa and words importing any gender shall include other genders and words importing persons shall include bodies corporate and unincorporated. | |
| 22. | It is hereby agreed that each phrase, sentence, paragraph and clause is separable the one from the other notwithstanding the manner in which they may be linked together or grouped grammatically and if any phrase, sentence, paragraph or clause is found to be defective or unenforceable for any reason whatsoever, the remaining phrases, sentences, paragraphs or clauses as the case may be, shall be full of full force and effect and continue to be of full force and effect for the purpose of any proceedings by or between the parties hereto. | |