DEFINITIONS
(a) “ADG” means ADG Welding Supplies (NSW) Pty Limited,
(b) “Goods,” unless the context specifies otherwise, means all goods supplied by ADG to the Buyer.
(c) “Services” means all services supplied by ADG to the Buyer and includes delivery and installation of goods.

GENERAL CONDITIONS
PRICES
Unless otherwise agreed by ADG in writing:
The price of goods and/or services shall be that ruling at the date of delivery thereof notwithstanding that delivery may be delayed by agreement or otherwise. All orders are accepted under these conditions and prices may be changed at any time without notice.

All quoted prices are ex ADG’s warehouse. A freight surcharge may be applied. The Buyer will pay to or reimburse ADG (except where such payment or reimbursement is expressly prohibited by statute) all stamp duty and Government duties, taxes and expenses that ADG may be liable to pay from time to time in connection with the supply of goods and/or services to the Buyer.

2.TERMS OF PAYMENT
To approved credit accounts, invoices are payable on or before the 30th of the month following date of invoice. In all other cases, terms are cash with order or cash on delivery of goods. There is no discount for cash payment, unless specifically shown on the invoice. An administration charge of $5.50 or 12% per annum (whichever is greater) will be charged on amounts in default of standard terms. Should your account exceed our trading terms and be passed over for collection, all costs including agencies commission, solicitor’s fees and any out of pocket expenses are the liability of the customer.

3.RETURN OF UNUSED EQUIPMENT AND SUPPLIES
(a) Claims will not be recognized after 14 days from dispatch date.
(b) Goods must be returned in their original new condition, unused, be standard stock items in current production and readily
re-saleable at current prices. Merchandise cut to length, specifically made, altered, used or damaged are not returnable
for credit.
(c) Goods returned must be accompanied by a copy of the relevant invoice. Goods returned without an invoice will not be
accepted for credit.
(d) ADG will not accept freight costs for returns.
(e) When satisfied, credit will be given at the price originally charged, less:
Cartage or delivery charges to and from ADG’s warehouse.
An inspection and restocking charge of 20% of the value of the goods.

4.RISK
The risk in the Goods purchased shall unless otherwise agreed in writing pass to the Buyer upon delivery to the Buyer or his agent or to a carrier commissioned by the Buyer.

5.RETENTION OF TITLE
5.1. The property in the goods does not pass from us to you until all moneys owing to us, on whatever account, are paid to us. You are simply the bailee of our goods. However, you may sell our goods to a third party in the ordinary course of the type of business you conduct. However, you must not hold yourself out to others as our agent. You must take reasonable care of our goods and keep them separate from your own and anyone else’s goods in a way that identifies them as ours.
5.2. We are entitled to enter your premises at any time to take possession of goods that belong to us if:

• You fail to pay us on time.
• You breach this agreement in any other way.
• Anything happens which we believe indicates that you are, or may be, in financial difficulty.

5.3. You must fully insure the goods with an insurer registered under the Insurance Act 1973 (Commonwealth). The insurance must be against the usual risks and must not be subject to unusual terms. If you receive any money under that policy you will hold it on trust for us.
The debts arising from the sale of goods by you and the proceeds of those debts and sales will be held on trust for us subject to this clause. The entire proceeds must be paid into a separate account, which will also be held on trust for us subject to this clause. The proceeds must not be mingled with any other money. You must apply the proceeds in that account in payment of any money due to us and you are only entitled to transfer any money from that account into your own account when there is no money owing to us. The trust applicable to the money transferred will only be released if at the time of the transfer there is no money owing to us.

Any period of credit may be terminated by us giving you notice and any unpaid amounts will then be immediately due and payable to us. Despite paragraph 5.1 above, if any part of the price of the goods is due and payable we may, at our option, sue you to recover the unpaid price as a liquidated sum. The rights contained in paragraphs 5.1,5.2 and 5.3 above are without prejudice to our other rights and remedies.

If we have purchased the goods from a supplier and have agreed with the supplier that property in the goods will not pass to us until the supplier has been paid, then paragraph 1 above will not apply.

If you fail to pay for the goods on the due date then, even though we reserve title to the goods supplied to you and without prejudice to any other rights and remedies we may sue you for the price of the goods (as invoiced) as a liquidated sum.