Bellview Corporation shall only supply goods to you on the following terms and conditions unless we agree, in writing to vary these terms and conditions.
1. New Customers
All new customers are asked to pay their first order COD or by credit card or direct deposit prior to delivery. First orders will be delivered on receipt of payment. Customers may apply for credit applications for second orders and ongoing orders.
2. Delivery of Stock Service Range
Bellview Corporation’s policy is to deliver all stock service orders within 7 days of the order date. Any out of stocks or delays will be communicated to the customer and in the case of back orders customers will be advised of revised delivery dates.
3. Minimum Orders
Bellview reserves the right to specify the minimum order value, for all orders. The minimum order value is subject to change from time to time.
Bellview Corporation reserves the right to make updates to designs of styles presented without notice.
5. Freight Costs and Delivery
Bellview will pay for freight nationally provided the customer orders a minimum of $500.00 per order. If the order quantity is below $500.00, the following freight costs will apply:
All Capital City Metro Areas - $10.00 per carton
All States Outer Metro Areas - $20.00 per carton
All States Remote Areas - $30.00 per carton
Customers are advised if they wish to organise and pay for their own transport to clearly mark this on their order.
Bellview will endeavor to always have all stock service items in stock, but in the event that the item is not available and the customer requires the back order to be supplied, Bellview will charge freight as per above rates for back orders.
Whilst we shall use all reasonable endeavors to comply with your particular delivery requirements and order specifications, you will not be entitled to cancel the whole or part of your order or to claim compensation by reason of our failure to comply with your delivery requirements or minor variations to the goods as a result of changes to the manufacturing processes or specifications.
Bellview shall be deemed to have supplied the quantity of goods ordered if the quantity supplied is within 10% more or less of the quantity ordered.
6. Force Majuere
Deliveries may be totally or partially suspended by Bellview during any period in which Bellview may be prevented or hindered from manufacture, delivery or supply through any circumstances outside Bellview’s reasonable control, including but not limited to strikes, lockouts or other labour difficulty, inability to obtain necessary materials, equipment, facilities or services, power or water shortage, accidents or breakdowns of plant, machinery, software, hardware or communication network. Bellview shall not incur any liability to the Buyer in respect of such suspension.
All invoices are due and payable in full on the last banking day of the month following the date of invoice.
Should you fail to pay your invoices by the due date then:
a. We may charge interest on any overdue invoice at the penalty rate fixed under the Penalty Interest Act 1983 (Victoria), calculated and payable daily, compounded from the due date, until the invoice is paid in full.
b. You shall pay all our costs and expenses (including legal costs determined as between solicitor/own client and mercantile agents fees) which may be incurred in the recovery or attempted recovery of overdue amounts from you.
8. Settlement Discount
You may take advantage of a discount for early settlement of accounts as per the following rates:
a. Settlement discount of 2.5% for all accounts paid in full within the 30 days from date of invoice
b. A special COD discount of 4% applies for customers who pay their account prior to delivery via credit card, direct deposit or cheques or COD.
c. Please note that the settlement discount does not apply to first order customers
d. In order to take advantage of the discount there can be no other invoices outstanding beyond their due date at the time of payment.
Bellview’s prices are subject to change without notice
GST at the prevailing rate at the date of invoice will be included in the amount due and payable on the invoice. We state on the face of the invoice whether or not the prices shown on the invoice are inclusive or exclusive of such tax.
10. Reservation of Title
You acknowledge that the ownership of goods delivered by us to you is only transferred to you when you have paid all sums owing to us on any account whatsoever and until such time we have the right to call for or recover the goods at our option (for which purpose our employees or agents may enter your premises) and you are obliged to deliver up the goods if so directed by us.
You agree to keep the goods in a fiduciary capacity for us until such time as ownership is transferred to you.
Notwithstanding the foregoing you may sell the goods to a third party in the ordinary course of business.
Notwithstanding the provisions of Clause 9, you accept all risk of loss and damage to the goods, whether caused by you or not following delivery of the goods.
12. Return of Goods
Returns and claims will not be accepted seven (7) days after receipt of goods.
Any goods which you return for credit will only be accepted if they are in the original packaging, in pristine condition and accompanied by documentation showing:
a. your name, address and account number
b. our invoice number
c. reason for return
If we authorise the return of goods, the goods must be carried by our nominated carrier at normal rates.
13. Withholding Supply
Bellview reserves the right, irrespective of whether or not an order has been accepted and without notice to you, to withhold supply to you and we will not be liable for any loss or damage resulting directly or indirectly from such action where:
a. we have insufficient goods to supply the order
b. the goods ordered have been discontinued
c. We have determined in our absolute discretion that credit should no
longer be extended to you.
14. Modifications to Labels
You may not, without our written consent alter, remove or obliterate any labels which we attach to the goods.
15. Limitation of Warranty
Bellview excludes all statutory or implied conditions and warranties to the extent permitted by law.
To the extent permitted by law, we limit our liability under any condition or warranty, which cannot legally be excluded to:
a. the replacement of goods or the supply of equivalent goods
b. the payment of the costs of replacing the goods or acquiring equivalent goods
16. Governing Law
The laws of the State of Victoria govern our trading.
You agree with us to submit to the non exclusive jurisdiction of the Courts of Victoria and the Federal Court of Australia and agree that any legal proceedings may be heard in those Courts.
17. Clerical Errors
We reserve the right to correct clerical errors without notification.