1. Terms of Payments

Payment is cash on delivery unless credit arrangements have been approved by Bailey Tanks Australia Pty Limited in writing.
If credit arrangements have been approved by Bailey Tanks Australia Pty Limited, payment is due on the 30th of the month following the date of the invoice.
If any amount due is not paid on the due date the Customer shall pay interest on that amount at the rate of five percent per annum above the current base lending rate of Bailey Tanks Australia Pty Limited's bankers from the due date until the amount is actually paid, which interest rate shall apply before and after judgment being obtained by Bailey Tanks Australia Pty Limited against the Customer in respect of the amount owing. This provision is without prejudice to any of Bailey Tanks Australia Pty Limited's other rights or remedies under these Conditions of Sale or at law.

1. Damage and Loss in Transit

Risk in the Goods shall pass to the Customer when the Goods are delivered to the Customer or into the custody of the Customer's agent or servant.
If, on delivery, any of the Goods are found to be damaged, the Customer must NOT sign the carrier's delivery docket or receipt of delivery unless the damage is noted on the carrier's delivery docket or receipt of delivery AND the Customer must notify Bailey Tanks Australia Pty Limited in writing of the damage within three(3) working days of delivery of the Goods to the Customer.  If the Customer provides the carrier with an unqualified delivery docket or receipt of delivery, or if the Customer has noted the damage or defects on the carrier's delivery docket BUT fails to notify Bailey Tanks Australia Pty Limited of damage to or defects in the Goods within three(3) working days of delivery of the Goods to the Customer, the Customer shall be deemed to have received the Goods in good order and condition. Bailey Tanks Australia Pty Limited shall be under no liability whatsoever (whether in contract or in tort or otherwise) for delays in delivery or any loss or damage to the Goods in transit howsoever arising, unless the carrier has admitted liability and paid for the damage caused to the Goods.  In any case, Bailey Tanks Australia Pty Limited shall not be liable for failure to deliver or to perform the contract caused by any event beyond its control.

3.               Ownership
(a)              Ownership of the Goods is retained by Bailey Tanks Australia Pty Limited until payment is made in full (including any outstanding interest incurred pursuant to clause 1) for the Goods and for all other Goods supplied by Bailey Tanks Australia Pty Limited to the Customer.
(b)              In the event that the Customer defaults in payment of the Goods sold by Bailey Tanks Australia Pty Limited to the Customer or if a receiver is appointed of any of the Customer's assets or if the Customer is wound up or is adjudicated bankrupt or enters into an arrangement or compromise with its creditors, Bailey Tanks Australia Pty Limited without notice may take possessions of the Goods and may enter on to any premises in which the Goods are located for the purpose of doing so.

1. Consignment goods

Where the Goods are delivered to the Customer on consignment:

1. the Goods shall remain the property of Bailey Tanks Australia Pty Limited and the Customer acts as agent of Bailey Tanks Australia Pty Limited in respect of the Goods;
2. the Customer must not include the Goods as assets in the books and records of the Customer;
3. Bailey Tanks Australia Pty Limited has the right to demand the return of the Goods at any time and to inspect the Goods and the premises in which the Goods are stored;
4. the Customer must segregate the Goods from the Customer's own goods;
5. when the Goods are sold to a third party, the Customer must notify Bailey Tanks Australia Pty Limited of the sale and upon receipt of such notification, Bailey Tanks Australia Pty Limited will issue the Customer with an invoice for the Goods sold.  Upon receipt of the invoice the Customer must remit the proceeds to Bailey Tanks Australia Pty Limited less the agreed costs and commissions of the Customer in respect of the Goods sold, and until the proceeds are remitted to Bailey Tanks Australia Pty Limited the Customer holds the proceeds of sale in trust for Bailey Tanks Australia Pty Limited.  Payment must be made in full not later than the 30th of the month following invoice date.

1. Goods and Services Tax

Any prices and charges referred to in this contract and in any quotation which may have formed the basis of this contract are exclusive of Goods and Services Tax. The Customer shall pay Goods and Services Tax on the goods or services the subject of this contract and the amount of each payment payable under this contract shall be increased accordingly.

1. Warranties and Limitation of Liability
2. Any condition, warranty or term which would normally be implied herein whether by statute or at common law or otherwise is hereby expressly excluded. Whilst any advice, recommendation, information, assistance or service ("Customer Information") provided by Bailey Tanks Australia Pty Limited in relation to Goods is given in good faith and is believed to be appropriate and reliable, and such Customer Information provided and any statement or representation made by Bailey Tanks Australia Pty Limited in relation to any Goods supplied by Bailey Tanks Australia Pty Limited is provided or made without liability or responsibility on the part of Bailey Tanks Australia Pty Limited.
3. It is the Customer's responsibility to ensure and satisfy itself that the Goods and any method of use or application of the Goods are suitable for that Customer's purposes and the risk of any damage loss or adverse consequences arising or resulting from the purchase or use of the Goods is voluntarily assumed by the Customer.
4. If, on delivery, any of the Goods are found to have a manufacturing defect, the Customer the Customer must notify Bailey Tanks Australia Pty Limited in writing of the defect within three(3) working days of delivery of the Goods to the Customer.  If the Customer fails to notify Bailey Tanks Australia Pty Limited of the defect in the Goods within three(3) working days of delivery of the Goods to the Customer, the Customer shall be deemed to have received the Goods in good order and condition. Subject to the Customer complying with the foregoing, in the event that any Goods are found by Bailey Tanks Australia Pty Limited upon inspection by it to have a manufacturing defect, Bailey Tanks Australia Pty Limited warrants to the Customer that, at Bailey Tanks Australia Pty Limited's option, it shall supply the same quantity of the Goods in question as replacement for the defective Goods or refund to or credit the Customer with the purchase price of the defective Goods. Save as is expressly provided in this subclause, Bailey Tanks Australia Pty Limited shall not in any event whatsoever be responsible or liable to the Customer or any other person whether in contract, tort or otherwise for any loss, damage or expense howsoever caused and whether arising directly, indirectly, consequentially or otherwise from or in connection with the purchase or the use of the Goods.

1. Patents
1. The Customer warrants that any design or instruction furnished to Bailey Tanks Australia Pty Limited will not be such as will cause Bailey Tanks Australia Pty Limited to infringe any patent, registered design or trademark in the execution of the Customer 's order.
2. The Customer agrees to indemnify Bailey Tanks Australia Pty Limited against infringement or unauthorised use of patents, trademarks, designs or copyrights arising out of the manufacture and use of the Goods and it is specially agreed that the sale and purchase of the Goods does not confer on the Customer any licence or rights under any patents, trademarks, designs or copyrights the property of Bailey Tanks Australia Pty Limited.

1. Waiver

Failure by Bailey Tanks Australia Pty Limited to insist in any one or more instances upon a strict performance of any one of the terms of this contract or the waiver by Bailey Tanks Australia Pty Limited of any terms or right hereunder or of any default by the Customer shall not be deemed or construed as a waiver of any such term or right of default in the future.

1. General

"Customer" means the customer whose name appears on the Application for Credit and Conditions of Sale or in the case of a cash sale the name that appears on the Tax Invoice.

"Goods" means the goods and/or services supplied by Bailey Tanks Australia Pty Limited to the Customer, including but not limited to water tanks, fittings and pumps, other rotationally moulded goods.