Sailforce Pty Ltd

These terms and conditions govern the supply by International SailForce Pty Ltd (“SailForce”) to the Purchaser of these goods (“Goods”) ordered by the Purchaser from time to time. These terms and conditions can only be varied by written agreement of the parties and supersede all previous oral or written communications and representations made by SailForce relating to the supply of the Goods.

Recommended Retail Prices: In relation to Goods purchased for re-supply by the Purchaser, all recommended retail prices are recommended retail prices only and there is no obligation on the Purchaser to comply with the recommendation.

Standard Pack quantities: Standard pack quantities specified in the price list are considered to be minimum order requirements. These pack quantities will not be broken.

Payment: The Purchaser must pay for the goods by the date specified on the invoice. Payment may be made by Electronic Transfer or Bank Cheque.

Orders: In the event of cancellation of an order or refusal of acceptance of delivery and without limitation to SailForce ’s rights for breach of contract, SailForce reserves the right to invoice the Purchaser for costs incurred by SailForce up until cancellation or refusal.

Cancellation: SailForce will not accept the cancellation or alteration of orders if it has specifically purchased Goods for the order or tailored the Goods to the Purchaser’s own specifications or requirements.

Delivery: Estimated delivery times will be advised at the time the Purchaser places an order with SailForce and may vary depending on available stocks. SailForce shall be under no liability to the Purchaser or any third party claiming through the Purchaser should the Goods not be available by the estimated delivery date. The Purchaser will not be relieved of any obligations to accept or pay for Goods by reason of any delay in the delivery of the Goods. The Purchaser is liable to pay for the freight, insurance and all other costs in relation to any delivery of Goods.

Risk and Title: Risk in the Goods passes to the Purchaser when SailForce dispatches the Goods for delivery to the Purchaser. Title in the Goods will remain with SailForce until the full purchase price and all other amounts owing to SailForce by the Purchaser in respect of those Goods are paid. The Purchaser must not mix the Goods with any other goods until the Purchaser has fully paid for the Goods, and title to the Goods has passed to the Purchaser. If the Purchaser fails to pay SailForce by the due date for payment, SailForce or its agents may recover possession wherever the Goods may be and the Purchaser must assist SailForce in relation to such recovery and indemnify SailForce in relation to any costs incurred (including without limitation legal costs) or losses sustained by SailForce , or any damage caused by SailForce , in relation to such recovery.

Shortages: The Purchaser must check all Goods received against delivery dockets immediately upon receipt of the Goods at the destination for delivery specified by the Purchaser. Subject to any prescribed terms or warranties which cannot be excluded or limited, unless notified to SailForce in writing within forty-eight hours of receipt of the Goods at the specified destination, no claim for shortages or damaged Goods will be recognized by SailForce and the Goods delivered shall be deemed to be in accordance with the Goods ordered.

Return of Goods: The Goods will only be accepted for return following prior written authorization. The Purchaser must return the Goods in their original packing and accompanied by the original invoice. SailForce reserves the right to require the Purchaser to pay a 20% restocking fee on the value of the Goods returned. The Purchaser must pay for any freight for returned Goods. SailForce reserves the right, at its sole discretion, to refuse the return of Goods incorrectly ordered.

Purchaser’s Acknowledgments: The Purchaser does not rely upon SailForce’s skill or judgment in relation to the purposes for which the Goods are acquired; The Goods may not produce satisfactory results if they are not used strictly in accordance with SailForce’s instructions or if they have deteriorated as a consequence of incorrect or prolonged storage by the Purchaser before use or re-sale. SailForce accepts no liability or responsibility for any such incorrect use or storage.

Default: If the Purchaser fails to make payment by the relevant date, commits any act of bankruptcy or enters into involuntary liquidation or any scheme of arrangement with its creditors, SailForce may, in addition to any other rights set out in these terms & conditions, without prejudice to any other remedies or rights it may have and with or without notice :

• revoke SailForce ’s approval for the Purchaser to on-sell the Goods
• withhold supply of any further goods to the Purchaser
• cancel any current orders with the Purchaser
• institute legal action for recovery of outstanding monies; and/or
• charge the Purchaser interest on the unpaid amount at 7.5% per annum until such time as the invoice is paid, such interest to appear on the Purchaser’s immediately following invoice.

Limitation of Liability: SailForce excludes from these terms & conditions:

• All conditions, warranties and terms implied by statute, general law or custom, except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void (“Non-excludable Condition”). Any Non-excludable Condition is limited at SailForce’s sole option to nay one of supplying, replacing or repairing the goods in respect of which the breach occurred.
• All liability to the Purchaser in contract for direct or indirect damages arising out of or in connection with these terms and conditions even if SailForce knew they were possible or they were otherwise foreseeable, including without limitation lost profits, increased or wasted costs, and damage suffered as a result of claims by any third person, such as a customer of the Purchaser.
• All liability to the Purchaser in negligence for acts or omissions of SailForce , its employees, agents and contractors arising out of or in connection with theses terms & conditions.
• All liability to the extent that the Purchaser is responsible for an act or omissions contributing to its loss.

Taxes: Any taxes or Government charges imposed upon SailForce relating to the supply of the Goods, including without limitation GST, shall be an additional charge to the Purchaser.

Privacy: If the Purchaser provides any personal information (as that term is defined in the Privacy Act 1988) to SailForce, the Purchaser warrants that Purchaser has the right to provide, use or disclose that personal information.

Law: All contracts with SailForce shall be construed and interpreted in accordance with the laws of the State of Western Australia, Australia. SailForce and the Purchaser hereby submit to the exclusive jurisdiction of the courts of the state of Western Australia, Australia.