Deliveries, Backorders, and Freight

The conditions of purchase set out below (“Conditions”), as amended from time to time, apply to all goods and services (“goods”) supplied by any company, person or other parties (“Supplier”) to Tradelink Pty Limited (“Purchaser”). The Conditions together with the Trading Agreement and any Purchase Order for the order of goods constitute the terms on which the goods are supplied by the Supplier to the Purchaser.

The Purchaser is not bound by the Supplier’s terms of sale or any other conditions the Supplier seeks to impose on, or that purport to apply to, the supply of the goods by the Supplier to the Purchaser. The Supplier agrees that by supplying the goods to the Purchaser, the Supplier accepts these Conditions, the Trading Agreement, and any Purchase Order for the order of goods as being the only conditions applicable to a particular supply of goods. The parties must not amend these Conditions unless recorded in writing and signed by the Purchaser’s General Manager Strategy & Commercial.

1. DELIVERIES

  1. Unless otherwise agreed with the Purchaser, the Supplier must deliver the goods to the address specified in the Purchase Order by the date stated in the Purchase Order. If no delivery date is specified in a Purchase Order, the Supplier agrees to complete delivery within forty-eight (48) hours from the issue date of a Purchase Order, unless otherwise agreed by the Purchaser.
  2. All deliveries are to be clearly labeled with the full address of the receiving location as shown on the relevant Purchase Order. A Delivery Docket must accompany delivery of the goods so ordered. The Supplier must package all goods in compliance with any applicable laws and in a safe and secure manner to ensure reasonable protection against theft or damage during transit and delivery.
  3. Where the Supplier becomes aware that it will not be able to comply with a specified delivery date as shown on a Purchase Order, the Supplier will immediately notify the Purchaser’s representative who issued the Purchase Order and obtains approval for any change to the original delivery date. If approval is not obtained, the Supplier will use, and be responsible for, any express freight that may be required to guarantee that the product is delivered into the branch to meet the required delivery date or the agreed lead-time. In the event that delivery is delayed by more than twenty-four (24) hours, the Purchaser shall be entitled to cancel the order or reject the delivery without any liability whatsoever.
  4. The Purchaser will be entitled to recover from the Supplier as a debt due and payable by the Supplier to the Purchaser, any costs, expenses or liquidated damages suffered by the Purchaser as a result of the Supplier failing to satisfactorily complete delivery within the agreed timeframe.
  5. Where, at the Purchaser’s direction, goods are collected from the Supplier’s warehouse by a party other than the Purchaser or delivered to an address other than a site occupied by the Purchaser, the Supplier must forward a copy of the Delivery Docket to the branch from which the Purchase Order was issued within twenty-four (24) hours after the time the goods are collected or delivered. Any costs resulting from the Supplier delivering the wrong type or amount of goods, delivering to the wrong address or failing to deliver within the agreed timeframe shall be borne by the Supplier.
  6. Where goods ordered are unavailable for delivery by the specified date and time, the Supplier will not make substitutions or place the goods on backorder unless agreed to by the Purchaser in writing. If any Purchase Order is unfillable, the Supplier agrees to advise the branch that issued the Purchase Order immediately upon receipt of the Purchase Order.
  7. The Supplier’s Delivery Docket is to be numbered and include the following details:
    1. the Supplier’s details including name, address, phone number and facsimile number;
    2. the Purchaser’s details including name, address and phone number of the originator of the order;
    3. the Purchase Order number;
    4. the Supplier’s Delivery Docket and Tax Invoice number;
    5. a full description of the goods including the Supplier’s part number if applicable;
    6. the quantities of each item ordered supplied and back ordered;
    7. total quantity and unit of measure of packs, bags etc for each item; and
    8. method of transport and carrier consignment note number.
  8. The Supplier will issue a separate Tax Invoice for every Delivery Docket and where possible will ensure that Delivery Docket numbers and the corresponding Tax Invoice numbers are the same.
  9. The Supplier acknowledges and agrees the Purchaser will not be liable to pay for goods unless Delivery Dockets have a legible and identifiable signature of an authorised representative of the Purchaser together with a valid Purchase Order number and the relevant Purchaser’s branch’s signature stamp recorded on the Supplier’s delivery paperwork. Further, the Purchaser will not be liable for payment if the Supplier’s Tax Invoices do not quote the Purchase Order number.
  10. The Supplier’s Tax Invoices must quote the Purchase Order number of the Purchase Order applicable to the goods being invoiced. If a Purchase Order does not specify a Purchase Order number, it is the Supplier’s responsibility to ensure that Purchase Order numbers are obtained prior to delivery. The Purchaser will not be obliged to accept goods unless a valid Purchase Order number is quoted on the Supplier’s Delivery Docket.
  11. If the Supplier is registered for GST, the Supplier must issue to the Purchaser complying Tax Invoices and Adjustment Notes (accounts) in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth) and as periodically amended or updated by GST Rulings and Determinations made by the Australian Taxation Office (“ATO”). The Purchaser’s billing name for accounts is “Tradelink Pty Limited” and the billing addresses for the relevant States are as shown in the table below.
    1. General Mail: Locked Bag 71 Virginia BC Qld 4014
    2. A/P Qld: Locked Bag 233 Virginia BC Qld 4014
    3. A/P NSW: Locked Bag 232 Virginia BC Qld 4014
    4. A/P Vic/Tas: Locked Bag 107 Virginia BC Qld 4014
    5. A/P SA: Locked Bag 231 Virginia BC Qld 4014
    6. A/P WA: Locked Bag 230 Virginia BC Qld 4014
  12. Statements of account and Tax Invoices must never be forwarded directly to the Purchaser’s branches or be forwarded with the goods being delivered.
  13. It is agreed and understood that if the Supplier fails to issue a Tax Invoice to the Purchaser within five (5) working days following delivery of goods, payment may be delayed for such goods by up to thirty (30) days beyond the normal “due date”.

2. FREIGHT

    1. Where a Purchase Order specifies, or the Purchaser otherwise directs that goods are to be delivered free into the store (FIS), the Supplier agrees to deliver all the goods ordered, at its expense, directly to the specified Purchaser’s branch. Tradelink Pty Limited (Trading as Tradelink Plumbing Centres et al) – Conditions of Purchase – CR126 (01-2016) Page 3
    2. Where a Purchase Order specifies, or the Purchaser otherwise directs, that goods are supplied Ex works (EXW) at the Supplier’s warehouse or Free carrier (FCA), as these terms are defined in the Incoterms®, the Supplier acknowledges that the goods will be collected from the Supplier’s warehouse or the carrier’s depot by the Purchaser or its nominee (as the case may be) at the Purchaser’s expense.
    3. The Purchaser reserves the right to specify the carrier to be utilised, otherwise, the Supplier’s normal carrier may be engaged.
    4. Where the Supplier utilises its own delivery vehicles to deliver goods, and a Purchase Order provides that the Purchaser is responsible for freight costs which were included in the Supplier’s quote for the goods, the Supplier agrees to itemise the freight charge as a separate line item on the Tax Invoice. If there are no freight charges listed on the Tax Invoice, it is taken that the Supplier accepts responsibility for all freight charges.
    5. In the instances where the Purchaser requires goods to be delivered by the Supplier directly to the Purchaser’s customer or customer’s job site (direct delivery) and it has been expressly agreed that freight is payable by the Purchaser, the negotiated freight amount must be confirmed on the Purchase Order issued by the Purchaser to the Supplier. If the agreed freight charge has been omitted from the Purchase Order the Supplier agrees to contact the Purchaser’s originating Branch and request an amended Purchase Order incorporating the freight charge. If the direct delivery is completed and there is no freight charge listed on the Purchaser’s Purchase Order, the Supplier is deemed to have accepted all freight charges.
    6. Where freight is to be charged, the Supplier also agrees to show the freight charge as a separate line item on the Tax Invoice issued to the Purchaser.

3. BACKORDERS

  1. The Supplier agrees to contact the Purchaser’s branch Regional Inventory Controllers on a weekly basis and provide updated lead times for all Purchase Orders issued where the Purchaser has accepted a backorder delivery date under clause 1.6.
  2. Prior to delivery of backorders, the Supplier agrees to contact the Purchaser’s branch Inventory Controllers and confirm that the goods are still required.

4. RECEIVING GOODS

  1. The Purchaser reserves the right to make claims upon the Supplier for any goods which are at the time of delivery, damaged, defective, short delivered and/or incomplete.
  2. The Supplier accepts that the contents of Supplier factory packaged goods may not be checked by the Purchaser at the time of receipt, but will be checked at the time of installation. Claims for damaged and/or defective goods, items short delivered and/or incomplete goods may be made at that time.
  3. The Supplier also accepts that claims may be made by the Purchaser for defects at any time within a reasonable period of the Purchaser becoming aware of such defects.
  4. The Purchaser will only receive goods into its branch network between the hours of 9.00 am to 12 noon and 1.30 pm to 3.00 pm Monday to Friday but excluding gazetted public holidays in the State or Territory where the goods are to be received. Any exceptions will be by prior arrangement only.