1. Definitions

1.1 “Seller” shall mean Sports Turf Operations Pty Ltd its successors and assigns or any person acting on behalf of and with the authority of Sports Turf Operations Pty Ltd.

1.2 “Customer” shall mean the Customer or any person acting on behalf of and with the authority of the Customer.

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 Seller 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 Seller to the Customer

1.5 “Services” shall mean all services supplied by the Seller to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

1.6 “Price” shall mean the cost of the Goods as agreed between the Seller and the Customer subject to clause 3 of this contract.

2. Acceptance

2.1 Any instructions received by the Seller from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Seller 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 Seller.

2.4 The Customer undertakes to give the Seller 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 Seller’s sole discretion the Price shall be either;

(a) as indicated on invoices provided by the Seller to the Customer in respect of Goods supplied; or

(b) the Seller’s quoted Price (subject to clause 3.2) which shall be binding upon the Seller provided that the Customer shall accept the Seller’s quotation in writing within thirty (30) days.

3.2 The Seller reserves the right to change the Price in the event of a variation to the Seller’s quotation.

3.3 At the Seller’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 thirty (30) days following the date of the invoice.

3.5 At the Seller’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 Seller’s payment schedule.

3.6 Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Customer and the Seller.

3.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

4. Delivery Of Goods

4.1 The Customer shall take delivery of the Goods (at the Customer’s cost) at the Seller’s address. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

4.2 The Goods shall be delivered at the Customer’s cost to either the Customer’s nominated address or the Customer’s nominated carrier. The Customer’s nominated carrier shall be deemed to be the Customer’s agent. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

4.3 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.
4.4 The Seller 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.

4.5 The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either
greater or less than the quantity purchased provided that;