Terms and Conditions of Trade
These terms and conditions apply to all orders placed by the Applicant (also refferred to as "you") with Rowmark Australia (also referred to as "we" or "us") unless otherwise agreed to in writing by Rowmark Australia.
All prices quoted are for individual sheets and are exclusive of GST and freight. We reserve the right to increase prices without prior notice, so please check the price before you place an order.
Payment is available by cheque, direct deposit, Visa & MasterCard. For direct deposit, you may deposit into the following account:
Direct Deposit Details: If using this facility, please tax or e-mail confirmation.
Postal Address: PO Box 327 Winston Hills, NSW 2153
BANK: Commonwealth Bank of Australia (CBA).
ACCOUNT NAME: Rowmark Australia Pty
ACCOUNT No.: 1126 7793
1.3.1. Sheets of the same size may be combined for the quantity discount price.
1.3.2. Discounts apply only to standard sheet sizes and full packs of Hardwoods and Laserlights.
1.3.3. Discount is not available to the Applicant if the Applicant has an overdue balance on the credit account or if the credit limit is reached.
1.4. Additional costs
1.4.1. (Credit card surcharge): If you pay by credit card, you will incur an additional surcharge as follows:
18.104.22.168. VISA & MASTERCARD 1.98%
22.214.171.124. AMEX 2.97%
1.4.2. (Freight charges) You acknowledge that:
126.96.36.199. freight charge is an additional fee. Please advise us of your preferred shipping method, otherwise all orders will be shipped by the appropriate method.
188.8.131.52. redelivery fees or extra charges by couriers will be the Applicant's responsibility.
1.4.3. (Dishonoured cheques): If you pay by cheque or other negotiable instrument, and it is not honoured upon presentation for any reason, we may charge you an appropriate administration fee which is $15.00 until we advise otherwise in writing.
1.4.4. (International bank charges): if you order from outside of Australia, you must pay for any applicable bank charges we incur. We prefer you to pay by credit card.
1.4.5. Packaging charges, and any agreed insurance cover, are additional charges to all purchase orders.
1.4.6. A surcharge per item is applied for broken packs and cut sheets.
1.5. Small order charge
1.5.1. The minimum order value is $30.00 excluding any freight costs, handling charges, packaging fee or GST.
1.5.2. Orders with a value of less than $30.00 will incur a small order charge, which is $5.00 until we advise otherwise in writing.
2.1. Order confirmation
All orders must be confirmed in writing; this includes by fax or email. We have absolute discretion to accept or reject any order.
2.2. Variation or cancellation of orders
2.2.1. Please ensure you always order the correct goods with correct part numbers and specifications. We have no responsibility to change or cancel any of your goods ordered unless otherwise specified in these Terms and Conditions.
2.2.2. Variation or cancellation of your order will be at our discretion. We will not vary or cancel an order where the subject goods are already dispatched, or have been specially designed or manufacturing has commenced.
2.2.3. Variation of an order may attract additional costs and we will advise you of such.
3. Goods and freight
3.1. Colours are only for guidance
3.1.1. Colours shown on our website are to be used as a guide only and the actual colour and shading may differ slightly.
3.1.2. Colour on the top side is always mentioned first on our description of goods.
All risk to the goods passes to you on dispatch from our warehouse.
3.3. No responsibility for delivery issues
We are not responsible for any damages or liability you suffer in connection with:
3.3.1. goods being damaged or lost during delivery; or
3.3.2. late delivery of goods.
4. Credit terms
4.1. Approval of credit account
We will provide you with a credit account if we approve your credit application.
4.2. 30 day terms
All invoices issued under your credit account must be strictly paid within 30 days from the end of each month, unless we provide you with a further period in writing.
4.3. We own the goods until you fully pay
4.3.1. Rowmark Australia retains the title (legal, beneficial or otherwise) in the goods we supply until you pay for those goods in full.
4.3.2. Until we receive the full payment for the goods:
184.108.40.206. you hold the goods solely as Bailee of Rowmark Australia; and
220.127.116.11. you must store those goodss separately and mark them to clearly identify they are property of Rowmark Australia;
4.3.3. If you fail to clearly and separately mark those goods that are unpaid, you agree that the presumption is that any goods in your possession corresponding with items invoiced by us are property of Rowmark Australia.
4.3.4. Notwithstanding that payment in full for the goods has not been received by Rowmark Australia, you may sell or dispose of the goods in the ordinary course of business provided that you hold the proceeds on trust for Rowmark Australia to the extent of the amount required to pay for the goods in full.
4.3.5. You irrevocably authorise us, our officers, employees, agents and contractors to enter into any of your premises to repossess our goods that have not been fully paid by the due date. We (and our directors, employees, agents and contractors) are not liable in any way to you for trespass or any other liability (whether in contract, tort, equity or otherwise at law) in connection with our exercise of this right.
4.3.6. We may act at our discretion registering our interest in unpaid goods in the Personal Property Securities Register.
4.4. Late payment charges
4.4.1. Any balance in the credit account over 30 days will be assessed at a 1.7% per month (20% per annum), calculated daily on the balance outstanding at 5:00PM each day. In addition, an administration fee of $15.00 per month is payable for each month any amount is overdue.
4.4.2. If you fail to pay our invoice on credit by its due date(within 30 days from the end of month), we are entitled to:
18.104.22.168. refuse to supply any other orders until such time as the default is rectified;
22.214.171.124. cancel all back orders; and
126.96.36.199. enter the premises of the Applicant and retake possession of the goods supplied to the Applicant.
4.4.3. You agree to idemnify us for any costs, expenses and liability we suffer as a result of your late payment or to enforce our right payment. Without limiting this indemnity, you agree to pay or reimburse us for any debt agency collection fees, interest accrued, and reasonable legal costs incurred to recover the amounts owing to us.
4.5. Termination of credit account
4.5.1. You may terminate the credit account at any time provided that you fully pay the outstanding balance and provide us with written notice.
4.5.2. We may at any time terminate the credit account at our absolute discretion by providing you with written notice. We generally do this when:
188.8.131.52. your account is inactive for 90 days or more; or
184.108.40.206. you repeatedly fail to pay our invoices for your credit balance by their due dates.
4.6. Effect of termination of credit account
4.6.1. Termination of credit account does not terminate the Terms and Conditions. You may still order goods from us by paying in advance and you must still pay any amount owing to us.
4.6.2. If the credit account is terminated for any reason:
220.127.116.11. you must pay for all future orders in advance; and
18.104.22.168. if you wish to set up a credit account again, you must re-apply using our credit application.
5.1. GST exclusive
Prices quoted are exclusive of any Goods & Services Tax (GST) unless expressly stated otherwise.
5.2. Payment of GST
5.2.1. To the extent that any supply is a taxable supply under A New Tax System (Goods and Services Tax) 1999 (Cth) (Taxable Supply), you must pay us the applicable GST on the amount of consideration for the Taxable Supply.
5.2.2. If you are required to pay any additional GST pursuant to this clause, you must pay us the additional amount within 14 days of receiving our valid tax invoice.
6.1. Your incorrect order
6.1.1. Please ensure that you always order correctly. It is your responsibility to order the goods correctly.
6.1.2. In case you ordered incorrect goods or incorrect specifications, we may, at our discretion, agree for you to return the goods for credit. You are responsible for our administrative fee, freight costs, and any other handling fees applicable.
6.1.3. We are unable to accept returns for some sheets ordered with adhesive or specially cut sheets if you ordered incorrectly. If in doubt, please check with our staff before ordering.
6.2. Problems from our supply
6.2.1. If we incorrectly supplied you any goods, please contact us within 48 hours of receiving the goods and if you have a claim to return goods, please forward the claim to us within 10 days of receiving the goods.
6.2.2. We will not accept goods for return after 30 days from the date you receive goods, unless:
22.214.171.124. there is a genuine manufacturing fault; or
126.96.36.199. we are required at law to do so.
6.2.3. In the event we supplied goods that have a genuine manufacturing fault, subject always to law, we will deduct the value of those goods from the amount outstanding by you or credit for future orders, provided that:
188.8.131.52. there is a genuine manufacturing fault
184.108.40.206. arrange the return with us and follow our instructions regarding the return procedure; and
220.127.116.11. return the goods to us without causing any damage to the goods.
6.3. Procedure for returning goods
When you are returning goods, you agree to:
6.3.1. arrange the return with us and follow our instructions regarding the return procedure; and
6.3.2. provide us with details of the invoice numbers, reason for returning goods, and any other necessary detail we require.
7. Limitation of liability
7.1. Exclusion of warranties
Rowmark Australia provides no warranty, guarantee or representation as to the quality of the product supplied to the Applicant except those warranties implied by law which we cannot exclude.
7.2. Limitation of liability
To the maximum extent permitted under law, and unless otherwise expressly stated in this agreement, the liability of Rowmark Australia and its directors, employees, agents, and subcontractors to the Applicant for any loss, damage and other liability arising out of or in connection with breach of any term, condition, warranty or this agreement is limited at our discretion to:
7.2.1. in case of supply of goods:
18.104.22.168. the replacement of the goods or the supply of equivalent goods;
22.214.171.124. the repair of the goods;
126.96.36.199. the payment of the cost of replacing the goods or of acquiring equivalent goods;
188.8.131.52. the payment of the cost of having the goods repaired; or
7.2.2. in case of supply of services:
184.108.40.206. the supply of the services againl or
220.127.116.11. the payment of the cost of having the services supplied again.
7.3. No consequential loss
7.3.1. Consequential Liability means all forms of indirect loss including loss of revenue, loss of profits, failure to recognise profits or savings and any other commercial and economic loss, howsoever caused.
7.3.2. Rowmar Australia and its officers, employees, contractors and agents are not liable in way whatsoever for Consequential Liability to the Client whether it arises out of or in connection with this agreement, negligence, personal injury or death or damage to property, and this includes cases where Rowmark Australia was made aware of the possibility of the Consequential Liability.
7.4. Limitation of aggregate liability
To the maximum extent permitted under law, the aggregate liability of the Rowmark Australia and its directors, employees, agents and contractors in connection with this agreement or supply of goods (whether or not as a result of negligence, and whether in contract, tort, equity or otherwise at law) to the Applicant must not at all times exceed the amount paid by the Applicant to Rowmark Australia during the 3 months immediately preceding the date of such claim.
8.1. 30 days notice
Either party may terminate this agreement (and the Terms and Conditions) by giving the other party 30 days notice in writing of its intention to do so.
8.2. Effect of termination
Termination of this agreement shall not affect the rights and obligations of a party hereunder in relation to goods supplied prior to the date of termination.