Terms & Conditions of Sale

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1 APPLICATION

1.1 These Terms and Conditions of Sale (“Terms”) apply to all goods sold by Preformed Line Products (Australia) Pty Limited ("the Company"). "Goods" means all goods sold and/or delivered by the Company to the Customer from time to time.

1.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.

1.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation of the Goods or the sale of the Goods other than as contained in these Terms.

2 TERMS OF PAYMENT

2.1 Prices are subject to change without notice.

2.2 Payments are to be made direct to the Company, strictly net, without any deduction or discount other than as stated herein or in the relevant invoice or statement.

2.3 Payments are to be made within thirty (30) days of the date of the Company’s statement or  invoice.

2.4 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 2% per month as from the due date for payment until payment is received by the Company.

2.5 A handling fee as determined by the Company from time to time will be charged for each invoice.

3 PROPERTY IN GOODS

Legal and beneficial ownership of Goods supplied by the Company will not pass to the Customer until such time as the Goods so supplied and all other goods supplied by the Company to the Customer from time to time, have been paid in full in cash or cleared funds.

4  RE-SALE OF GOODS

4.1  Should the Customer be a re-seller then, subject to sub-clause 4.2.4 , the Customer has the right to sell the Goods in its own name at full market value and in the ordinary course of business.

4.2 Until the amount payable to the Company in respect of the Goods, and in respect of all other goods previously supplied by the Company to the Customer, has been paid in full in cash or cleared fund:

4.2.1 the Customer will hold the Goods only as bailee for the Company;

4.2.2 the Goods must be stored in such manner that they are readily distinguishable from other goods owned by the Customer or other persons and so as to clearly show that they are the property of the Company;

4.2.3  the Customer must indemnify the Company from and against any claim, action, proceeding, damage, loss, cost, expense or liability incurred or suffered by the Company arising out of the possession, use or disposal of the Goods by the Customer or repossession or attempted repossession of them by the Company; and

4.2.4  any sale of the Goods under clause 4.1 will only be effected by the Customer as trustee for the Company and the proceeds of such sale and the rights of the Company's Customer against its Customer arising from such sale will be held on trust for the Company. The said proceeds must be held in a separate account or otherwise clearly identified in the books and records of the Customer.

4.3 If the Customer resells any Goods then, unless the Goods are clearly identifiable by serial numbers or other distinguishing marks, the Customer is deemed to have disposed of the Goods in the chronological order of supply by the Company to the Customer (oldest to most recent).

5  DEFAULT

If:
5.1  the Goods are not paid for in accordance with these Terms or any other written agreement between the Company and the Customer; or

5.2 the Company receives notice of, or reasonably believes that a third party may attempt to levy execution against or attach the Goods; or

5.3 any other event occurs which is likely to adversely affect the Customer's ability to pay for the Goods (including but not limited to the appointment of a receiver, receiver and manager, administrator, controller, liquidator, provisional liquidator, trustee or similar person (each an “insolvency representative”) to the Customer's undertaking),

then the Company may at any time thereafter, without notice to the Customer and without prejudice to any other rights which it may have against the Customer, terminate any contract relating to the Goods and the bailment referred to in clause 4.2 .

6 RIGHT TO ENTER PREMISES

In any of the circumstances referred to in the preceding clause, the Customer:

6.1  authorises the Company by itself, its agents or representatives at all reasonable times, without notice, to enter onto (with force if reasonably necessary) and at all necessary time(s), to remain in and on any premises where the Goods are located in order to collect the Goods, without being guilty of any manner of trespass; and

6.2   assigns to the Company all the Customer's rights to enter onto and remain in and on such premises until all the Goods have been collected.

7 ADMINISTRATION & RECEIVERSHIP

7.1   In any of the circumstances referred to in clause 5.3 , neither the Customer nor its insolvency representative or any other person acting for the Customer and/or its creditors is entitled to sell, charge, remove, dispose of, use or otherwise deal with the Goods in any way inconsistent with the Company's ownership of the Goods, without the Company's prior written approval.

7.2  The Customer, its insolvency representative or any other person acting for or on behalf of the Customer and/or its creditors is obliged to re-deliver the Goods to the Company immediately or immediately on his appointment at its or his expense.

7.3 If the Goods are returned to or collected by the Company, the Company will within 28 days, account to the Customer or its legal representative for all monies received for the Goods from the Customer less the Company's reasonable administration charges, expenses incurred and loss of profits involved.

8  CUSTOMER AS TRUSTEE

If the Customer carries on business as trustee of a trust then the Customer warrants that:

8.1   the Customer enters into the contract as trustee of a trust;

8.2   the Customer has all requisite powers to enter into the contract;

8.3   the beneficiary of the trust approves the purchase of the Goods on the terms of the contract; and

8.4     the assets of the trust are available to the Company in satisfaction of any debt incurred by the Customer.

9  SALES TAX AND GOODS AND SERVICES TAX

9.1  Sales tax and Goods and Services tax [“GST”] are not included in the quoted price.

9.2  If GST is imposed on the Company in respect of the Goods then the Customer must pay to the Company the amount of such GST in addition to the quoted price.

9.3  The Company must give the Customer written notice of the amount of any GST payable under th