Blueline Impex Pty Ltd (BLI), based in Victoria, caters to the business requirements in Australia.
This sale is made subject to the following terms and conditions which apply to all sales of BLUELINE IMPEX PTY LTD.
The Customer means the person, business or company described and listed and includes its servants, agent and sub-contractors.
These terms and conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties and, subject to the express terms contained in any written order and written acceptance thereof, all previous negotiations, representations, warranties, arrangements and statements (if any), whether expressed or implied, including any collateral agreement or warranty, regarding the subject matter or the intentions of either of the parties are merged in these terms and conditions and otherwise are hereby excluded and cancelled. The Customer acknowledges that it has not been induced to enter into this agreement by any representation, advice or information given or made by or on behalf of BLUELINE IMPEX.
Quotations and orders
Any quotation given by BLUELINE IMPEX PTY LTD to the Customer is not an offer or obligation to sell but an invitation to treat only.
A quotation is open for acceptance within the period stated in the quotation or within 7 days from the date of the quotation if no period is stated.
BLUELINE IMPEX PTY LTDis not responsible to confirm the accuracy of any information provided by a Customer and any measurements, dimensions and calculations provided shall be deemed to be correct.
The Customer acknowledges and agrees that variations from the sample in the colour and surface texture of the goods may occur due to variations in manufacturing schedules, raw materials utilised and other unforeseen circumstances or causes beyond the control of BLUELINE IMPEX . Printed colour samples in BLUELINE IMPEX PTY LTDbrochure only act as a guide and may vary in colour from the Products purchased.
Until BLUELINE IMPEX PTY LTD accepts in writing an order submitted by the Customer, BLUELINE IMPEX PTY LTD is not obliged to supply the goods so ordered to the Customer. BLUELINE IMPEX PTY LTD reserves the right to refuse any order based on a quotation within 7 days after receiving the order.
If the Customer defaults under these terms and conditions, BLUELINE IMPEX PTY LTD may cancel, suspend or vary the terms and conditions of any incomplete order that has been accepted by BLUELINE IMPEX PTY LTD without notice to the Customer and without being liable to the Customer.
BLUELINE IMPEX PTY LTD is not responsible to the Customer for a breach of its obligation to supply the goods pursuant to an order BLUELINE IMPEX PTY LTDhas accepted, or for any delay in delivery, if the failure to supply or the delay in delivery, is caused by matters beyond the reasonable control of BLUELINE IMPEX PTY LTD (including, without limitation, acts of God, acts of government, war or other hostility, national or international disaster, fire, explosion, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies and any other force majeure occurrence).
Under no circumstances is BLUELINE IMPEX PTY LTD liable for any consequential loss or damage resulting from any breach of contract or warranty, including breach of an essential term, and BLUELINE IMPEX ’s liability is limited to the order price of the goods.
The price of the goods shall be the price specified on the invoice and any prior quotation shall not apply;
Prices are for supply and delivery during business hours Monday to Friday. Supply and/or delivery outside these hours will incur an extra charge to the Customer as specified on the invoice.
If the Customer provides BLUELINE IMPEX PTY LTD with any dimension or measurements then BLUELINE IMPEX PTY LTD will calculate the quantity of the goods based upon the information furnished by the Customer. BLUELINE IMPEX PTY LTDshall not be liable for any over or under supply of goods occurring as a consequence of incorrect information being furnished.
Prices quoted in any order apply to that order only and do not apply in any other circumstances. All prices include the Goods and Services Tax (GST)
Unless the Customer has a credit account with BLUELINE IMPEX , payment in full is required before any goods are made available or delivered to the Customer.
Payment of the price shall be by internationally accepted payment mode or other mode approved by BLUELINE IMPEX PTY LTD prior to delivery of the goods. Payment by cheque shall not be deemed to be a clear payment until the cheque has been honoured by the Customer’s bank.
Where a Credit account is provided: in the event of a credit sale, payment shall be made by the Customer within agreed credit period from the date of invoice. Outstanding invoices will bear stipulated credit period interest at the rate of 15 per centum per annum calculated monthly;
The Customer shall pay BLUELINE IMPEX PTY LTD any bank fee incurred by BLUELINE IMPEX PTY LTD in respect to a Customer’s dishonoured cheque and any legal or other costs of collection of an overdue amount including BLUELINE IMPEX ’s monthly administration fee.
Interest on overdue invoice shall accrue daily from the date the payment becomes due, until the date of payment, at a rate of 2.5% per calendar month.
The buyer shall indemnify the seller from and against all cost and all disbursements incurred by the seller in recovering the debt.
Included and not limited to internal administration fees, legal costs of a solicitor and own client basis, the sellers contract Default fee, and the bank dishonor fees.
In the event that the Customer's account is not paid on time BLUELINE IMPEX PTY LTD reserves the right to revoke all credit facilities.
If the Customer defaults in any payment or commits any act of bankruptcy or will a corporate body pass a resolution for winding up or a petition is presented for its winding up, then all monies owing and outstanding to BLUELINE IMPEX PTY LTD on any account whatsoever shall become immediately due and payable. In addition BLUELINE IMPEX PTY LTD may without prejudice to its other rights suspend further deliveries, require payment in advance for all such deliveries or terminate any contract forthwith by written notice to Customer;
Any delivery times notified to the Customer are estimates only and BLUELINE IMPEX PTY LTD is not responsible for late or non-delivery. BLUELINE IMPEX PTY LTDwill make all reasonable efforts to deliver the goods to the Customer on the date agreed between the parties but, any date named or accepted by BLUELINE IMPEX PTY LTD for completion, delivery, dispatch, shipment or arrival of the goods is an estimate only and does not constitute a condition of the Contract but notwithstanding, all promises of delivery are made in good faith in the light of conditions and circumstances prevailing at the time.
If the Customer requests BLUELINE IMPEX PTY LTD to postpone delivery of the Product beyond the delivery date or dates specified in the order, BLUELINE IMPEX PTY LTD may agree to do so if the Customer pays an additional fee for such postponement and for storage charges.
Unless the quoted price is inclusive of delivery to a nominated address, the Customer will be charged for delivery.
"Delivery address" means the property address identified by the Customer when ordering the goods and nominated as such on the front of this invoice.
Goods will be delivered to the kerbside adjacent to the delivery address.
The driver of the BLUELINE IMPEX PTY LTDdelivery vehicle will assess any request of the Customer to enter the site and will only proceed if it is deemed to be safe to do so. If at the Customer’s request, the BLUELINE IMPEX PTY LTD delivery vehicle leaves the road and enters the delivery site to unload, the Customer is responsible for providing suitable and safe access for the BLUELINE IMPEX PTY LTD delivery vehicle and agrees to indemnify BLUELINE IMPEX PTY LTD and its agents for all damage and injury to any property which may result including any costs associated with enabling the delivery vehicle to enter or leave the site;
When ordering goods for delivery to a delivery address which may be unattended, the Customer shall specify the manner in which the Customer will mark the place on the delivery site where goods are to be deposited by BLUELINE IMPEX PTY LTD If the Customer has not so marked the place at the time of delivery, BLUELINE IMPEX PTY LTD may deposit the goods in such place as seems reasonable including the kerbside adjacent to the delivery address;
The Customer undertakes to inspect all goods immediately upon delivery.
BLUELINE IMPEX ’s delivery records shall be prima facie evidence of the delivery of the goods of the quantity and description stated therein in good order to the Customer and his receipt thereof notwithstanding the absence of any representative of the Customer at the delivery address;
If a delivery is prevented from unloading within fifteen minutes of BLUELINE IMPEX ’s arrival on site for any reason, then the Customer will be responsible for a waiting time charge at BLUELINE IMPEX ’s then current hourly rate;
If BLUELINE IMPEX PTY LTD Is unable to deliver due to insufficient space on site or for any other reason not the fault of BLUELINE IMPEX PTY LTD then the Customer shall be responsible for a cartage charge at BLUELINE IMPEX ’s current hourly rate at the time for the delivery to and from the site. Any subsequent delivery attempt will incur an additional charge.
BLUELINE IMPEX PTY LTD reserves the right to refuse to accept any Products from the Customer (including made to order or “one off”) for return and credit.
If BLUELINE IMPEX PTY LTD elects to accept a return of products from the customer, any credit given to the customer will be at BLUELINE IMPEX ’s discretion after deduction of any cartage costs borne and or handling fee charged/incurred by BLUELINE IMPEX .
A restocking fee may apply to all returned Product.
If BLUELINE IMPEX PTY LTD provides a sample of the goods the Customer acknowledges and agrees that variations from the sample in the color and surface texture of the goods may occur due to variations in manufacturing schedules, raw materials utilized and other unforeseen circumstances or causes beyond the control of BLUELINE IMPEX ;
Printedcolor samples in BLUELINE IMPEX ’s brochure only act as a guide of Blue line granites Ltd India.
A small sample of goods may vary from a full size sample.
BLUELINE IMPEX PTY LTDwarrants that any goods sold by it will be free from defects in workmanship and material under normal use for a period of 12 months after delivery. This warranty does not cover any goods, accessories and parts which are not manufactured by BLUELINE IMPEX, and in that case the Customer will only have the benefit of the warranty (if any) of the manufacturer of such goods and accessories which forms part of the contract between BLUELINE IMPEX PTY LTD and the manufacturer. This warranty does not apply where in BLUELINE IMPEX ’s opinion a defect has been caused by careless or improper handling, by non-adherence to operating instructions or by fair wear and tear.
For the purpose of making any claim in accordance with this clause the Customer must:
Immediately upon becoming aware of the circumstances giving rise to a claim under this clause, notify BLUELINE IMPEX PTY LTD in writing setting out full particulars of the claim;
Allow BLUELINE IMPEX, its employees and agents full and free access to the goods in relation to which the claim is made and to the place where the goods have been applied or used for the purpose of conducting such tests as BLUELINE IMPEX PTY LTD may in its absolute discretion consider necessary to determine whether the claim is justified or not.
BLUELINE IMPEX PTY LTD shall not be liable for any personal, physical or financial injury, loss or damage or for any consequential loss or damage of any kind arising out of any goods manufactured or supplied by BLUELINE IMPEX PTY LTD arising out of BLUELINE IMPEX ’s negligence, default or other conduct in any way whatsoever.
All express and implied warranties, guarantees and conditions whether under statute or common law as to workmanship, merchantability, description, quality, suitability or fitness of the goods for any purpose are hereby excluded.
Nothing in these conditions shall be read or applied to exclude, restrict or modify any condition, warranty, guarantee, right or remedy existing by law, including the Trade Practices Act 1974 and which by law cannot be excluded, restricted or modified.
BLUELINE IMPEX ’s liability for any breach of a condition or warranty existing by law, including the Trade Practices Act 1974 is hereby limited (at BLUELINE IMPEX ’s option) to either the replacement of the goods or the supply of equivalent goods.
Any advice, recommendation or assistance provided by BLUELINE IMPEX PTY LTD in relation to the goods or their use or application is given in good faith and is believed by BLUELINE IMPEX PTY LTD to be appropriate and reliable. However, any such advice, recommendation, information or assistance is provided without liability or responsibility on the part of BLUELINE IMPEX .
The risk in the goods shall pass to the Customer upon delivery to the Customer or his agent or to a carrier commissioned by the Customer however, legal and equitable title remains with BLUELINE IMPEX PTY LTD until payment in full of all debts accrued or owed to BLUELINE IMPEX PTY LTD Is made.
Ownership of the goods shall remain with BLUELINE IMPEX PTY LTDuntil such time as-
Payment in full for the goods has been made by the Customer; or
The Customer sells the goods to his Customer in the ordinary course of business.
If the Customer fails to pay any amount of the Customer’s total indebtedness to BLUELINE IMPEX PTY LTDwhen due to BLUELINE IMPEX , BLUELINE IMPEX PTY LTD may without prejudice to any of its other rights and remedies recover and/or resell the goods or any of them and may enter upon the Customer’s premises for that purpose;
Until payment in full for the goods has been received by BLUELINE IMPEX , the Customer shall store the goods in a way which duly manifests BLUELINE IMPEX ’s title in the goods;
The Customer acknowledges that until its total indebtedness under these conditions of sale is discharged, he holds the goods as bailee for BLUELINE IMPEX PTY LTD and a fiduciary relationship exists between them;
In the event of the sale of the goods to a Customer by the Customer then the Customer in his position as a fiduciary shall-
Assign to BLUELINE IMPEX PTY LTD the benefit of any claim against the Customer and;
Account fully to BLUELINE IMPEX PTY LTD for the proceeds of the sale.
It is expressly agreed and declared that the Product delivered by BLUELINE IMPEX PTY LTD to the Customer remains the sole and absolute property of BLUELINE IMPEX PTY LTD as legal and equitable owner until all money due to BLUELINE IMPEX PTY LTDhas been paid to BLUELINE IMPEX .
The Customer undertakes to store the Product on its premises separately from its own goods or those of any other person and in a manner which makes the Product readily identifiable as BLUELINE IMPEX ’s Product, until delivery of the Product to a third party.
The Customer may resell the Product, but only as fiduciary agent of BLUELINE IMPEX .
The Customer must keep an amount from the proceeds of sale which is equal to the debt owed to BLUELINE IMPEX PTY LTD in a separate identifiable account as the beneficial property of BLUELINE IMPEX PTY LTD and must immediately pay such amount to BLUELINE IMPEX PTY LTDupon request.
The Customer’s right to possession of the Product ceases if it does anything or fails to do anything which would entitle a receiver, a receiver and manager, an administrator or a trustee to be appointed in respect of the Customer, its undertaking or property or any part thereof, or entitle a person to present a creditor’s petition for winding up the Customer.
BLUELINE IMPEX PTY LTD may for the purpose of examination or recovery of the Product enter upon any premises where the Product is stored or where it is reasonably thought to be stored.
If the Buyer uses the Product in some manufacturing or construction process of its own or of some third party, then the Customer must hold such part of the proceeds of such manufacturing or construction process as relates to the Product in trust for BLUELINE IMPEX .
These provisions apply notwithstanding any arrangement under which BLUELINE IMPEX PTY LTDprovides credit to the Customer. To the extent that there is any inconsistency, these provisions prevail.
In the event of the suspension of production owing to breakdown, strikes, trade disputes, fires, accidents, act of God or other causes over which BLUELINE IMPEX PTY LTDhas no reasonable control, then deliveries may be wholly or partly suspended until normal production is resumed and BLUELINE IMPEX PTY LTDshall not be liable for any loss or damage accruing to the Customer in respect of such suspension.
Any claim by the Customer as to incorrect performance or breach of these terms and conditions (other than a claim made under Clause 9) must be made to BLUELINE IMPEX PTY LTD in writing within 7 days of delivery, for which time is of the essence.
Where a claim relates to the warranties under Clause 9, the limitations and exclusions in that clause apply.
The total liability of BLUELINE IMPEX , its employees, servants and agents is limited to one or more of the following at the option of BLUELINE IMPEX :
Replacement of the Product supplied or supply of equivalent Product;
Payment of the cost of having the Product repaired; and does not extend to consequential loss or damage.
If the Customer believes that the goods as supplied by BLUELINE IMPEX PTY LTDare not in accordance with the Contract then the Customer must give notice in writing to BLUELINE IMPEX PTY LTDwithin 3 days of delivery of the goods. Unless such notice is given, BLUELINE IMPEX PTY LTDwill be deemed to have complied with the Contract. Such notice must specify in reasonable detail the ground upon which the buyer relies.
No waiver by BLUELINE IMPEX PTY LTD of any breach of these terms and conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by BLUELINE IMPEX , its employees or agents (which but for this clause ought or might amount to a waiver of BLUELINE IMPEX ’s rights in respect of any such breach or default) does not operate as a waiver in any way of BLUELINE IMPEX ’s rights and powers in respect of such breach or default.
Any notice required under this agreement must be in writing and given by post, email or hand to BLUELINE IMPEX PTY LTD or the Customer at the address set out in the schedule or at such other address as is notified in writing by one party to the other.
This contract is governed by the laws of the State of Victoria notwithstanding the place in which the Product or any of them are to be delivered. The Customer and BLUELINE IMPEX PTY LTDirrevocably submit to the exclusive jurisdiction of the Courts of that State.
Goods and Services Tax (“GST”)
GST is included in the price.
Information about the Customer which is provided to BLUELINE IMPEX PTY LTD may be disclosed elsewhere within BLUELINE IMPEX;
BLUELINE IMPEX PTY LTD will use this information to manage its business dealings with the Customer namely;
Assess the Customer’s credit application;
Manage the Customer’s payment of accounts;
Inform the Customer of BLUELINE IMPEX ’s products and services;
Comply with BLUELINE IMPEX ’s legal obligations; and
Supply information to contractors and advisers that assist BLUELINE IMPEX.
For the purposes of assessing the credit-worthiness of the Customer from time to time and the collection of payments, the Customer authorises BLUELINE IMPEX , its employees and agents to make such enquiries as they deem necessary including, without limitation, making enquiries of and obtaining reports (as may be allowed by law) from persons nominated by the Customer as trade referees, the Customer’s creditors, bankers and financiers, credit providers, mortgage and trade insurers and credit reporting agencies (“the information sources”).
The Customer consents to the information sources providing to BLUELINE IMPEX PTY LTD such information as is requested by BLUELINE IMPEX PTY LTD and permitted to be given by law. The Customer also consents to BLUELINE IMPEX PTY LTDdisclosing personal information or the contents of any credit report to a credit reporting agency for the purpose of that credit reporting agency creating or adding to any credit information file in relation to the Customer.
We recommend that you check where your client data is held. The Privacy Act requires that data be stored in Australia or in a
A country where the laws are substantially similar to Australia’s privacy laws. For example, we do not recommend that a client’s
Data be stored in a country where that country’s privacy laws are very different to Australia’s>
By signing this letter and accepting these services, you acknowledge and agree that your personal information may be stored Overseas.
All original documents obtained from you arising from the engagement shall remain your property. However, we reserve the
Right to make a reasonable number of copies of the original documents for our records.
Our engagement will result in the production of <identify the output documents of the engagement including, if applicable,
Electronic documents or files, which will be supplied to the client, such as a copy of the sale purchases documents and financial statements related to this venture..
Ownership of these documents will vest in you. All other documents produced by us in respect of this engagement will remain the property of the firm, subject to any statutory obligations.
The firm has a policy of exploring a legal right of lien over any client documents in our possession in the event of a dispute. The firm has also established dispute resolution processes.
Our liability is limited by a scheme approved under Professional Standards Legislation. Further information on the scheme is
Available from the Professional Standards Councils’ website: http://www.professionalstandardscouncil.gov.au.
Please sign and return the attached copy of this letter to indicate that it is in accordance with your understanding of the
If you would like to discuss any matters in relation to the terms of our engagement or the contents of this letter, please do not hesitate to contact us on [PH: +61452201075 or email@example.com / PH : +91 9943346990 or firstname.lastname@example.org].
The buyer agrees to the seller to obtain from a credit reporting body [CRB] a credit report containing personal credit information
[e.g. Name, Address, DOB, Occupation, previous credit application, credit history] about the buyer in relation to the credit Provided by the seller.
The buyer agrees the seller may exchange information about the buyer with those credit providers and with the related authoritiesfor it purposes.
BLI imports finished granite products from BLG and stocks the goods at Victoria. For current stock of colours and any trade related enquiries in Australia, please contact :
Blueline Impex Pty Ltd.,
14, Mayflower Mews Epping,
Victoria 3076, Australia,