Standard trading terms
Standard trading terms
This is the contract under which (subject to any variation agreed in writing) the Seller supplies Goods to Newcastle Airport Pty Limited. Each time the Seller accepts an order for Goods from Newcastle Airport Pty Limited, and then the Seller accepts these conditions of purchase.
1. in these conditions of purchase:
- NAPL means Newcastle Airport Pty Limited (ABN 30 060 254 542)
- Conditions means these conditions of purchase, which form the contract between NAPL and the Seller for the supply of Goods.
- Goods means the goods described in an Order
- Order means an order for Goods:
- Made by a representative of NAPL to the Seller; and
- Accepted by a representative of the Seller, either orally or in writing.
e. Price means the price for the Goods (including delivery) agreed between NAPL and the Seller,
- The price described in the Order; or
- If no price is described in the order, then the price set out in the most recent schedule of prices agreed between NAPL and the Seller
f. Seller means the person or company to whom the Order is directed and who will supply the
Goods to NAPL.
2. The Seller agrees that:
- an Order is an offer by NAPL to the Seller to purchase the Goods in accordance with the Order whether signed on behalf of NAPL or not:
- if the Seller supplies the Goods to NAPL, it does so on the terms set out in these Conditions, unless otherwise agreed in writing by NAPL.
3. The Seller must supply the Goods to NAPL:
- in accordance with the description;
- in the quantity;
- at the Price; and
- by the time (which time is of the essence)
- in a fit and proper condition, as described in the order.
4. When supplying the goods to NAPL, the Seller must:
- ensure that all invoices and packing slips and all other correspondence relating to the Order must show a NAPL purchase order number as printed on the Order or as otherwise notified by a representative of NAPL to the Seller. NAPL is unable to neither acknowledge receipt of the goods nor process payment of the goods unless the purchase order number is included in the documentation issued by the seller in relation to the Goods. The seller acknowledges that Invoices which do not quote the purchase order number will be returned to the Seller for insertion of the required information;
- show the name of the NAPL representative who made the Order on any invoice, packing slip or correspondence relating to the Order;
- deliver the goods to that representative at the address requested by NAPL in its Order, or to such other person as that NAPL representative directs; and
- ensure that the Goods are properly packed for delivery.
5. For each Order, NAPL will inform the Seller whether it accepts the goods, after NAPL has had an opportunity to inspect the goods supplied.
6. If the Seller does not supply the Goods in accordance with clauses 3 and 4 of these Conditions, then NAPL may, at its complete discretion:
- accept the Goods, if NAPL informs the Seller that it will do so; or
- refuse to accept the Goods, in which case;
- NAPL will inform the Seller to collect the Goods from it; and
- the Seller must do so immediately, at the Sellers’s cost.
- the Seller has supplied the Goods in accordance with the Order;
- NAPL accepts the Goods; and
- the Seller has issued a valid tax invoice to NAPL which:
- reflects the terms of the Order;
- includes NAPL’s purchase order number;
- includes the relevant NAPL contact in relation to the Order;
- includes the Seller’s bank account details to enable EFT payment transmission; and
- is sent electronically to NAPL Accounts Payable at firstname.lastname@example.org NAPL will pay the Seller the Price by electronic funds transfer by the end of the month following the month in which NAPL receives the valid tax invoice from the Seller in accordance with paragraph 7(c).
8. The Price for all Goods supplied under an Order is inclusive of GST.
9. The Seller:
- warrants that the supply of the Goods to NAPL will not infringe any patent, copyright, trade secret or other rights, whether proprietary contractual or equitable, of any third party, in Australia or elsewhere;
- indemnifies NAPL for any loss, damage, cost, liability or expense arising out of any breach or claimed breach of this warranty.
10. The Seller must not, without the prior written consent of NAPL, disclose to anyone else (including by way of advertising) the existence of details of any Order.