Terms & Conditions
To the fullest extent legally permitted all dealings between the Customer and S.D Online Trading as Brilliante A.B.N. 89 140 704 865 (and all subsidiaries, divisions, affiliates, related & associated companies, trusts and other entities and/or any successors and/or assignees) ("Brilliante") relating to any goods and/or any services [the" goods" and/or the "services"] are subject to the following terms and conditions ["these Terms"] unless otherwise expressly agreed in writing:
All quotations are subject to withdrawal or variation at any time prior to acceptance of order. Brilliante also reserves the right to amend prices at any time for the undelivered portion of any order. Provided, however, that the Customer shall have the right to cancel such outstanding balance of an order within seven days from the date of notification of an amendment in the price thereof.
OFFER AND ACCEPTANCE
Any quotation made by Brilliante is not an offer to sell and no order given in pursuance of any offer shall bind Brilliante until accepted by it in writing. Unless otherwise agreed in writing all orders are subject to acceptance by Brilliante within 30 days of receipt by Brilliante of the Customer's order and these terms and conditions shall be deemed to be incorporated in any agreement between Brilliante and the Customer. Any terms and conditions contained in any order offer acceptance or invoice of the Customer and all representations statements terms conditions and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.
Any date quoted for delivery is an estimate only and unless a guarantee shall have been given by Brilliante in writing providing for liquidated damages for failure to deliver by the quoted date Brilliante shall not be liable to the Customer for any loss or damage howsoever arising for failure to deliver on or before the quoted date. The Customer shall accept and pay for goods if and when tendered notwithstanding any failure by Brilliante to deliver by the quoted date to terminate or cancel the contract; or to any loss or damage howsoever arising for failure by Brilliante to deliver any installment on or before the quoted date. Brilliante reserves the right to delivery by installments. If delivery is made by installments the Customer shall not be entitled: The Customer agrees that a certificate purporting to be signed by an officer of Brilliante confirming delivery shall be conclusive evidence of delivery as shall any signed delivery docket or electronic or facsimile acknowledgement from the Customer.
Payment is to be made in advance prior to delivery of the goods unless credit has been provided in writing to the customer. If credit is provided, payment in full shall be made within 30 days of the date of statement. For the purposes of this clause, 'payment' means cleared funds.
Interest will be charged on overdue accounts at 3% above the rate prescribed in the Penalty Interest Rates Act 1986 per month.
Property in goods shall not pass until payment in full of all monies owed by the Customer to Brilliante. Brilliante has the right to take possession and dispose of goods as it sees fit at any time until full payment has been received. The Customer grants permission to Brilliante to enter any property where any products are stored with such force as is necessary. Immediately upon delivery the Customer accepts liability for the safe custody of goods and agrees to indemnify Brilliante for any losses relating thereto. Upon sale or disposition of any goods prior to full payment the Customer agrees to deposit all proceeds in a separate bank account, agrees not to mix proceeds with any other monies and shall forthwith account to Brilliante notwithstanding that Brilliante may have granted any credit facility and/or time to pay. Until payment in full the Customer agrees: to keep all goods unpaid for as fiduciary for Brilliante and to store products in a manner which shows Brilliante as owner, only to sell goods in the usual course of its business on condition that the Customer holds all proceeds in trust for Brilliante and that sale on terms or for less than cost shall not be "in the usual course".