Terms & Conditions

1.      DEFINITIONS

1.1    “CSP” means CSP Distribution Pty Ltd A.B.N. 53 623 658 337 and its successors.
1.2    “conditions” means these conditions of sale.
1.3    “customer” means the person or entity purchasing goods from CSP.
1.4    “goods” means goods supplied or to be supplied by RGS to the customer from time to time.
1.5    “GST” means GST within the meaning of the GST Act.
1.6    “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time.

2.      APPLICATION OF THESE CONDITIONS

2.1    All goods are supplied to the customer upon these conditions unless any special conditions varying them are agreed to in writing between the customer and an authorised representative of CSP. Previous dealings between CSP and the customer shall not vary or replace these conditions or be deemed to do so in any circumstance whatsoever. Acceptance of goods from CSP shall be conclusive evidence before any Court that these conditions apply. Where there is any discrepancy or inconsistency between these conditions and other conditions published by CSP in price lists or invoices or the like then these conditions shall take precedence to resolve the discrepancy or inconsistency.

2.2    The customer warrants not to be in receipt of any information, notice of court proceedings, scheme of arrangement with creditors, that may adversely affect the customer’s ability to meet CSP’s Terms and Conditions.

3.      GOVERNING LAW

3.1    These conditions shall be governed and construed in accordance with the laws of the Commonwealth of Australia

4.      PRICE

4.1    Unless otherwise agreed in writing by the parties, prices for goods are exclusive of GST and are subject to change by CSP without notice.

4.2    The price for any goods does not include the costs of packing or delivery. All costs or expenses incurred by CSP in relation to the packing or delivery of the goods are payable by the customer. Any GST payable by CSP in respect of the supply of the goods to the customer must be paid by the customer to CSP.

5.      PAYMENT

5.1    For a CSP approved credit account holder, payment by the customer to CSP must be made within 30 days from the end of the month in which the CSP invoice to the customer is raised, time for payment being of the essence. CSP may in its discretion charge a 5% account keeping fee per month on any overdue account and directly debit such fee to the customer’s account.

5.2    For customers other than CSP approved credit account holders, the CSP invoice to the customer is payable prior to the goods being delivered.

6.      ORDER VALUE AND FREIGHT POLICY

6.1    There is no minimum order value restriction.

6.2    Freight: Please nominate the carrier you would like us to use and remember to notify us if you change your preferred carrier. Alternatively, we can use our freight account and charge the freight to you.

6.3    Insurance is the sole responsibility of the customer.

7.      OUT OF STOCK ITEMS

7.1    Out of stock items will be placed on back order and supplied as soon as stock is available, unless otherwise stipulated by the customer.

8.      CANCELLATION

8.1    No order may be cancelled except with CSP’s prior written consent and on terms which will indemnify CSP against all losses including the cost of any goods purchased by CSP for supply to the customer pursuant to such order, which CSP may (in its sole discretion) debit to the customer’s account.

9.      RETURN AND CREDITS

9.1    Claims of shortages in the quantity of goods received shall not be made nor recognised unless notified in writing to CSP within 7 days from the customer’s receipt of the order.

9.2    Claims for credit for goods returned to CSP shall not be made nor recognised unless:

(a) the goods returned are in original packaging and unused;

(b) the CSP invoice number/s is supplied, or, in the case of a cash sale, the CSP invoice produced;

(c)  the goods returned were not specially procured by CSP for the customer; and

(d) the claim for credit is made within 7 days of the customer’s receipt of the goods ordered (or such later date as CSP, in its sole discretion, may decide).

(e) All goods returned shall be subject to a handling charge of 25% of the invoice price of the goods and the customer must pay all return freight costs.

10.   WARRANTY CLAIMS

10.1 A warranty credit shall be raised upon acceptance by the manufacturer or distributor providing the warranty after CSP’s receipt of the appropriate completed warranty claim form and the goods from the customer.

11.   FORCE MAJEURE

11.1 CSP shall be under no liability whatsoever in connection with or as a result of any loss caused by the failure of CSP to deliver goods by reason or whether wholly or in part, directly or indirectly, due to any Act of God, flood, fire, lightning, storm, tempest, rains, loss at sea, strikes, lockouts or other industrial disturbances, riots, mechanical breakdown, non-delivery or shortage of materials, inability to obtain equipment or material, laws rules or regulations of a governing body or any other reason whatsoever outside the control of CSP.

12.   SUSPENSION/TERMINATION OF SUPPLY

12.1 Supply to the customer is always conditional upon CSP being satisfied of the customer’s ability to pay and to comply with these conditions. If CSP ceases to be so satisfied CSP may suspend and/or terminate supply and shall not be liable in any way for any claim, damage, expense or cost suffered by the customer. Payment for any goods supplied shall become immediately due upon default by the customer in payment for any other goods supplied by CSP to the customer.

12.2 In the event of a default of payment when due, all costs of collection, including legal fees and court costs shall be paid by the customer.

13.   RETENTION OF TITLE

13.1 The property in the goods the subject of any sale by CSP to the customer shall not pass to the customer until such time as all goods supplied by CSP to the customer have been paid for in full. Until property in the goods passes to the customer:

(a) the customer shall at its expense if so required by CSP to store the goods in such manner as to show clearly that they are property of CSP;

(b) the customer shall be at liberty to sell the goods in the ordinary course of business as agent for CSP to the intent that the proceeds of resale (less any GST) shall become the property of CSP upon receipt thereof by the customer and so that the same shall then be accounted for to CSP to the extent of CSP’s invoiced price for same or for any other goods supplied but not paid for;

(c)  irrevocably appoints CSP its attorney to do all acts and things necessary under applicable law to ensure CSP’s property in the goods is retained and its security interest perfected including registration under the PPSA;

(d) the customer irrevocably grants to CSP, its agents and employees an unrestricted right and licence, without notice, to enter the premises occupied by the customer to identify and remove any of the goods which are the property of CSP at its option without in any way being liable to the customer or any persons claiming through it. CSP shall have the right to sell or dispose of any of such goods so removed or otherwise in its sole discretion and shall not be responsible for any loss occasioned thereby; and

(e) the customer acknowledges that all goods of the type normally supplied by CSP to the customer were so supplied unless the customer proves to the contrary at the time CSP claims to be entitled to possession thereof.

13.2 Notwithstanding the above provisions, CSP is entitled to maintain an action against the customer for the price of any goods so supplied and the risk in the goods (but not property) shall pass to the customer upon delivery by CSP to the carrier whether CSP arranges or procures or effects the cartage of the goods at the request of the customer or not.

14.   SEVERANCE

14.1 If any of these conditions, in whole or in part, cannot be given effect by reason of statutory invalidity, uncertainty or otherwise, then such condition or part, as the case may be, shall be severed, ignored or read down restrictively to maintain and uphold so far as possible the remainder of these conditions.

15.   CHANGES TO THESE CONDITIONS

15.1 The customer acknowledges and agrees that CSP may change these conditions at any time.