Terms and Conditions

1. GENERAL
These terms and conditions shall apply to the exclusion of all others including any terms and conditions of the purchaser (whether on the purchaser’s order form or otherwise). The purchaser acknowledges that these terms and conditions embody the whole agreement between the parties and agrees to be bound by them. Non comment on these conditions by the purchaser shall mean full and complete acceptance of all clauses in the agreement.

2. DEFINITIONS
Confoil means Confoil Pty. Ltd. Confoil Containers, Confoil Unit Trust and its registered offices. The singular also implies the plural and vice versa. The ‘Act’ refers to the Trade Practices Act 1974 and all subsequent changes to it.

3. PRICES
The prices specified are subject to change without notice and are in accordance with Confoil’s prices and charges in effect at the time of purchase.

4. GST
The purchaser shall be charged GST on all goods purchased with exception of products for export to an overseas customer.

5. PAYMENT
The terms of payment are nett cash, thirty (30) days from the end of the month in which delivery is made, or otherwise as determined by Confoil.

6. PAYMENT DEFAULT
Should the purchaser default in paying the sum, or any part thereof, due under this or any other contract, Confoil may suspend all further deliveries until the default has been made good or repudiate the contract with regard to future deliveries.

7. COSTS AND INTEREST
Should payment remain outstanding beyond Confoil’s payment terms as outlined in clause 5, the purchaser is liable for all cost including legal costs and mercantile agent fees incurred by Confoil in recovering the amount outstanding. The purchaser also agrees to pay interest on all amounts outstanding from the due date until the date of payment at a rate equal to Confoil’s overdraft rate in effect at the time. Once the debt is placed in the hands of a mercantile agent, credit will be withdrawn.

8. TITLE
Full and legal title in the goods shall remain with Confoil until payment in full for the goods has been received by Confoil in clear funds. The purchaser shall hold the goods in trust for Confoil until paid in full, or if the goods are sold prior to payment, the purchaser’s rights, in respect of the sale and the sale proceeds, will be held in trust for Confoil.

9. DELAYS
The estimated date of delivery is only an approximate date and Confoil shall not be liable for any loss or damage whatsoever if the goods are not delivered by that date. Where Confoil is unable to deliver the goods due to circumstances beyond its control including: accidents, equipment malfunction, strikes, lock-outs, labour shortages, fires, floods, conflicts,  delays in transportation facilities or restrictions imposed by the law, the estimated date of delivery shall be extended until the cessation of the effect of such matter or matters.

10. PARTIAL SHIPMENT
Where the goods are to be delivered by partial shipments each partial shipment shall be deemed to be sold under a separate contract. Any failure on the part of Confoil to deliver within the time stated shall not entitle the purchaser to repudiate the contract with regard to the balance remaining undelivered.

11. CLAIMS AND RETURNS

1. The purchaser will be deemed to have accepted the goods as being in accordance with its order unless it notifies Confoil in writing of its claim within 14 days of receipt of the goods.
2. The purchaser will be deemed to have accepted all the details on the invoice as being correct unless it notifies Confoil in writing of its claim within 14 days of receipt of invoice.
3. When purchasers request the return of unused goods, Confoil will at its discretion make an offer to the purchaser prior to authorising their return. Under no circumstances will Confoil accept goods for return 6 months after the purchase date.
4. No return of goods will be accepted by Confoil, unless prior to returning the goods, the customer has requested and obtained authorisation. All freight for returns is at the purchaser’s cost. All repacking fees is at the purchaser's cost.

12. LIMITATION OF LIABILILTY

1. Except as provided herein, and except for those conditions and warranties provided by the Trade Practices Act 1974 as amended from time to time (the ‘Act’) or other consumer protection legislation which may not be excluded, the purchaser agrees that it has not relied on any inducement representation or statement made by or on behalf of Confoil in purchasing the goods and there are no implied conditions or warranties herein, and no collateral contracts in connection herewith (except such as may be in writing and signed by a duly authorised representative of Confoil).
2. In the case of goods supplied by Confoil hereunder to a purchaser who is not a ‘consumer’ (where used herein, this expression bears the meaning given to it in the ‘Act’) and the purchaser and Confoil agree that any of these goods do not correspond to their description or are defective, then, provided that those goods are preserved intact and available for inspection by a representative of Confoil and are returned to Confoil in the same order and condition as they were delivered, Confoil shall, at its option, replace those goods or reimburse the purchaser for the amount of the purchase price. Any claim in this respect must be made in writing within 14 days from the date of delivery of those goods, in no circumstances will Confoil incur any liability in respect of or arising out of or in connection with any special consequential, direct or indirect loss, damage, harm or injury suffered or incurred by the purchaser, his agent, employees or customers.

13. SALE TO CONSUMERS
In the case of goods supplied by Confoil hereunder to a purchaser who is a consumer, the liability of Confoil for any breach of any warranty or condition (other than a warranty or condition implied by section 69 of the ‘Act’) or for any breach of any duty of care shall in all cases be limited, at the option of Confoil, to any one or more of the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods or the payment of the cost of having the goods repaired and (without liability the generality of the foregoing) shall not include any liability in respect of or arising out of or in connection with any special consequential, direct or indirect loss, damage, harm or injury suffered or incurred as a result of such breach.

14. TOOLING
The purchaser shall bear the cost of tooling development and manufacture as quoted by Confoil. Tools & Dies remain the property of Confoil unless otherwise stated in a memorandum of agreement. Where Confoil agrees that the purchaser holds ownership or a pecuniary interest in the Tool or Die, the purchaser agrees that the Tool or Die remains under the control of and on the premises of Confoil at all times unless otherwise agreed to by both parties in writing. The technology, processes and intellectual rights will always remain the property of Confoil and cannot be used, copied, altered or sold without Confoil’s written permission.

15. INDEMNITY
The purchaser shall release, indemnify and defend Confoil from and against any loss, liability, claims, suits and costs caused by, arising out of or relating to the goods or their design or packaging if the goods are made in compliance with the purchaser’s design or specification.

16. ORDER VARIATION

1. Alteration to orders – alterations to the size, dimensions or physical properties of goods and/or tooling will not be accepted in regard to orders which are either completed or in production unless otherwise agreed to in writing by Confoil.
2. Cancellation of orders – where the purchaser cancels all or part of an order prior to commencement of production of the goods and/or tooling, it shall pay to Confoil as liquidated damages full price of the goods and/or tooling, (including any exclusive stocks held in advance of orders received) less the current scrap value thereof or reimbursement from alternative disposal arrangements.
3. Deferment of delivery – where the purchaser requests deferment of delivery of the goods and such deferment is agreed to by Confoil the date from which delivery is deferred shall be deemed to be the date of which delivery is made for the purposes of clause 5 hereof. From that date until the date of actual delivery the purchaser shall pay a warehousing fee as nominated by Confoil.

17. CHANGE OF OWNERSHIP
The purchaser agrees to notify Confoil in writing of any change of ownership within seven (7) days from the date of such change and indemnifies Confoil against any loss or damage as a result of the purchaser’s failure to notify Confoil of any change.

18. JURISDICTION
This contract shall be construed according to the laws of the State of Victoria and the parties accept the jurisdiction of the courts of that State.

19. MICROWAVE OVENS
Aluminium foil products shall only be used in accordance with the equipment manufacturers recommendations. In no circumstances will Confoil incur any liabilities in respect of or arising out of or in connection with any special consequential, direct or indirect loss, damage, harm or injury suffered or incurred by the purchaser, his agent, employees or cumstomers from use contrary to the manufacturers recommendations.