TERMS & CONDITIONS

1. Definitions
1.1 “Company” shall mean Kelly Hunter Trading Limited, its successors and assigns or any person acting on behalf of and with the authority of Kelly Hunter Limited and related companies.
1.2 “Customer” shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply and shall mean any person acting on behalf of and with the authority of such person or entity.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.4 “Goods” shall mean Goods supplied by the Company to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Company to the Customer.
1.5 “Price” shall mean the cost of the Goods as agreed between the Company and the Customer subject to clause 3 of this contract.
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2. Acceptance
2.1 Any instructions received by the Company from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Company shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be amended with the written consent of the Company.
2.4 The Customer undertakes to give the Company at least fourteen (14) days’ notice of any change in the Customer’s name, address and/or any other change in the Customer’s details.

3. Price and Payment
3.1 At the Company’s sole discretion the Price shall be as indicated on invoices provided by the Company to the Customer in respect of Goods supplied.
3.2 The Company reserves the right to change the Price in the event of a variation to the Company’s quotation.
3.3 At the Company’s sole discretion a deposit may be required.
3.4 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
3.5 At the Company’s sole discretion;
(a) Payment shall be due on delivery of the Goods, or
(b) Payment shall be due before delivery of the Goods, or
(c) Payment for approved Customers shall be made by instalments in accordance with the Company’s payment schedule, or
3.6 Payment will be made by wire transfer, cash, or by cheque, or by bank cheque, or by any other method as agreed to between the Customer and the Company.
3.7 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
3.8 Delivery of Goods
3.9 At the Company’s sole discretion delivery of the Goods shall take place when;
(a) The Customer takes possession of the Goods at the Company’s address or
(b) The Customer takes possession of the Goods at the Customer’s address (in the event that the Goods are delivered by the Company or the Company’s nominated carrier); or
(c) The Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.
3.10 The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. If the Customer is unable to take delivery of the Goods as arranged then the Company shall be entitled to charge a reasonable fee for redelivery.
3.11 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
3.12 The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
3.13 The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that;
(a) Such discrepancy in quantity shall not exceed 10%, and
(b) The Price shall be adjusted pro rata to the discrepancy.
3.14 The failure of the Company to deliver shall not entitle either party to treat this contract as repudiated.
3.15 The Company shall not be liable for any loss or damage whatever due to failure by the Company to deliver the Goods (or any of them) promptly or at all.

4. Risk
4.1 If the Company retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
4.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Company is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Company is sufficient evidence of the Company’s rights to receive the insurance proceeds without the need for any person dealing with the Company to make further enquiries.

5. Title
5.1 It is the intention of the Company and agreed by the Customer that ownership of the Goods shall not pass until:
(a) The Customer has paid all amounts owing for the Goods, and 
(b) The Customer has met all other obligations due by the Customer to the Company in respect of all contracts between the Company and the Customer.
5.2 Receipt by the Company of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Company’s ownership or rights in respect of the Goods shall continue.
5.3 It is agreed that the Company will have the right to enter the Customers premises to recover the goods in the event that payment has not been received by the Company within the agreed credit period plus 48 hours.
5.4 The Customer guarantees that the goods supplied by the Company will be kept in a separate location and will have unique identifying marks for traceability and recovery until such a time as payment has confirmed as received in full by the Company.
5.4 The Customer guarantees that the goods supplied by the Company will be kept in a separate location and will have unique identifying marks for traceability and recovery.

6. Right-of-Offset
6.1 Both the Company and the Customer agree that both parties are entitled to offset debts at the end of each calendar month and either party should pay only the net balance owed. Once the net amount is settled and paid then all obligations are considered to have been fulfilled in full. 

Revision
Kelly Hunter reserves the right to revise the Terms at any time.

For further inquiry
Please email [email protected]

Last updated: 18/03/2023