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Terms of service

Spiral X a division of Leading Edge Saws Tools & Cutters A.B.N. 20 171 904 190 hereafter referred to as Leading Edge.

These conditions shall apply to all orders placed with Leading Edge Saws Tools and Cutters by the customer.

These conditions shall not be amended except in writing signed by each of the

Terms Of Payment

  • List Price: The price payable for the goods shall be Leading Edge’s list price as set out from time to time by Leading Edge. The list price may be subject to change without notice from Leading Edge.
  • Plus Tax: The list price is net of all delivery charges and taxes both State and Federal (where they apply) all of the charges and taxes including GST shall be extra charges to the Customer.
  • Plus Freight: Unless otherwise agreed in writing all transportation costs are to be paid by the customer in addition to the list price. Where freight is paid by Leading Edge the Customer shall reimburse such costs to Leading Edge. Such costs may be added to the Customers invoice as a separate item.
  • Delivery: Leading Edge shall deliver the goods through a nominated delivery service to the delivery location on any day Monday to Friday which is not a public holiday. Times of delivery are to be treated as estimates only not involving Leading Edge in any liability for failure to deliver within such times. Without limiting the generality of the foregoing, the time for the delivery shall be extended by a reasonable period if a delay in delivery is caused by instructions or lack of instructions from the Customer or for any cause whatsoever beyond Leading Edge’s reasonable control. Leading Edge shall not be obliged to deliver any goods to the Customer at any time when the customer is otherwise in breach of the Terms and Conditions. Where delivery of an order is to be made by instalments, each delivery shall be deemed to be a separate contract and any failure or delay whatsoever by Leading Edge in respect of any delivery shall not entitle the Customer to repudiate the other or any instalments remaining to be delivered there

 

Possession and Title of Goods

Notwithstanding any other provision of this Agreement, until the Customer has paid Leading Edge all amounts owing from time to time by the Customer to Leading Edge on any account whatsoever, all of the goods supplied by Leading Edge to the Customer remain the property of Leading Edge and the following provisions apply with respect to those goods:

  • The legal and equitable title of the goods remains vested with Leading
  • The Customer shall not remove, deface, obliterate or alter Leading Edge’s label, logo or insignia on the
  • The Customer shall at all times ensure that the goods are stored so as to be identifiable as the property of Leading Edge.
  • The Customer shall permit Leading Edge to enter upon its premises and seize and retake possession of the goods in the events provided for in conditions hereof:
    • The Customer may on-sell the goods provided that:
    • The goods are sold in the ordinary course of the Customers business:
    • The Customer sells as undisclosed agent of Leading
    • The Customer keeps records of goods owned by Leading Edge and on-sale by the Customer: and
    • The proceeds of sale of goods owned by Leading Edge are paid into an account maintained by the Customer in such manner as to be identifiable as such proceeds and held on behalf of Leading Edge for payment of all monies owing from time to time to Leading Edge by the Customer. Nothing herein shall relieve the customer of the obligation to pay for the goods by the due date in accordance with the Terms of Payment provided in clause 2 hereof.

Passing of Risk

  • Risk in each order shall pass to the Customer upon delivery of the ordered goods to the Customer at the designated point of pick-up (which, unless otherwise agreed in writing, shall be Leading Edge’s store) or collection of the goods by the Customer or the Customers agent or courier as the case may
  • Where the Customer is arranging for and effecting payment of transportation of goods, Leading Edge shall only be responsible for insuring the goods to the point of pick-up. From the point of pick-up the Customer shall be responsible for and ensure that appropriate freight and goods insurance is taken out to cover the loss or damage of the goods should it occur.

Cancellation

  • The Customer shall not cancel any order after fourteen days of placing the order with Leading Edge.
  • Acceptance of any cancellation after fourteen days from placement of order will be at Leading Edge’s sole discretion.
  • In the event of the Customers cancelling delivery more than fourteen days after placement of order of the whole or any part of goods orders, or disrupting suspending or deferring delivery of the whole or any part of the goods orders, the customer shall be liable to pay to Leading Edge the full purchase price of the goods ordered in accordance with the Terms of Payment herein.

Return of Goods

  • Acceptance: The return of goods will not be accepted without prior approval by Leading Edge. Method of transport is to be determined by Leading Edge.
  • Credits:  Returns and acceptance of goods by Leading Edge will not necessarily entitle the Customer to a credit for same or remove responsibility for payment to Leading Edge in full. A credit will only be considered after a claim has been submitted in writing supported with all details relating to any claimed defect in the goods and the reasons for their return. SPECIAL ORDERS/MANUFACTURED ITEMS WILL NOT BE ACCEPTED FOR CREDIT.
  • Risk: The risk in any returned goods will remain with the Customer until they have been accepted by Leading Edge and received into Leading Edge’s
  • Freight: Leading Edge will not accept responsibility for payment of any carrier other than that nominated at the time of shipment. For goods returned for credit because the Customer has ordered in error, the return costs shall be pre-paid by the customer.
  • Restocking charges: A restocking charge of 25% of invoice value may be made to cover handling costs by discretion of Leading Edge.
  • Packing: Returns must be packaged correctly and an invoice number and/or name of Leading Edge authorizing person must be included on paperwork. All packaging must be prepared for shipment so as to secure the lowest transport and insurance rate in accordance with the carrier’s terms and coditions.

Termination

  • If the Customer commits any breach of the Terms and Conditions of any order or the credit account or suffers distress or execution or becomes insolvent or commits an act of bankruptcy or enters into any arrangement or composition with creditors or goes or is put into liquidation (other than solely for amalgamation or reconstruction) or if a receiver is appointed or which may accrue to it:

terminate the Customers order or orders (if more than one) summarily by notice in writing.

  • Enter upon the Customers premises and seize, take possession of and remove the Leading Edge goods
  • Be entitled to return of goods.

Intellectual Property and Rights

All intellectual property rights in the tools supplied and any drawings blueprints or specifications relating to the tools shall remain the property of Leading Edge.

Liability

  • No Liability: Leading Edge shall not be liable for any loss or damage suffered or occasioned by the Customer whether the same be direct or consequential caused by or attributable to the failure or malfunctioning of any of the goods supplied/manufactured by it whether or not such goods are under warranty at the particular time.
  • Trade Practices and Fair Trading: Where any provision herein or hereof purports to exclude, restrict or modify a provision of the Trade Practices Act (Commonwealth) or the Fair Trading Act (Vic), or both of them which by reason of any such Act cannot be excluded restricted or modified such provision or part thereof shall be deemed to be deleted here from and any contract arising herein shall continue in full as though such provision or part thereof had never been incorporated herein.

Notices

  • Method of Giving Notices: A notice required or permitted to be given by one party to another under these Terms and Conditions must be in writing and is treated as being duly given if it is:
    • Left at that other party’s
    • Sent by pre-paid mail to that other party’s
    • Transmitted by facsimile to that other party’s

Time of Receipt: A notice given by a party in accordance with Clause 10.1 is treated as having duly given and received.

  • when delivered (if left at that party’s address);
  • on the third business day of transmission (if given by facsimile and sent to the facsimile receiver number of that party and no information having been received that the notice had not been received, whether that information comes from that party or from the operation of facsimile machinery or otherwise).

Address of Parties: For the purpose of this Condition 10, the address of a party is the address of the Customer set out on its order to Leading Edge or such other address which the Customer may from time to time give notice in writing to Leading Edge.

Gerneral

  • Waiver: The failure, delay, relaxation or indulgence on the part of Leading Edge in exercising any of its powers or rights under these Terms and Conditions does not operate as a waiver of that power or right nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these Terms and Conditions.
  • Severance: If any provision of the Terms and Conditions is invalid and not enforceable in accordance with its terms, other provisions which are self-sustaining and capable of separate enforcement without regard to the invalid provision, are and continue to be valid and enforceable in accordance with their

  • Governing Law and Jurisdiction: Any contract arising between the Customer and Leading Edge under or pursuant to these Terms and Conditions is governed by, and is to be construed in accordance with the Law of Victoria and the parties submit to the non-exclusive jurisdiction of the Courts of Victoria and any Court hearing appeals from those Courts.