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KLMH Toplink t/a Atech Computers
Terms and Conditions of
This agreement is between
KLMH Toplink t/a Atech Computers (hereinafter called the company) and the Customer
(hereinafter called the Customer).
Any order accepted by the
company shall be deemed to incorporate these terms and conditions (even if
included in, or referred to in, the document placing the order) shall be binding
on the Company, unless specifically accepted by the Company in
Unless otherwise agreed in
writing by the company, the company reserves the right to vary the prices before accepting orders from the customer.
Terms of payment are cash or EFTPOS or direct deposit or Internet banking or cheque with 5 day clearance at or before the time of collection or courier pickup for delivery of goods. Payment by VISA or Master cards are available to approved customers only and waive the 2% cash discount. These terms shall apply to
all present and future transactions and are not negotiable unless agreed in
writing by the Company. Upon insolvency or receivership, title to the goods
shall pass only upon full payment of all outstanding monies to the Company. The
acceptance by the Company of any cheque or negotiable instrument shall not
constitute payment until the same has been honoured.
In addition to any right of lien to which the company may be by law
entitled, the company shall (in event of the Customers insolvency of going into
receivership) be entitled to a general lien on all goods of the customer in the
company's possession (although such goods or some of them may have been paid for
) for the unpaid price of any goods sold and delivered to the customer by the
Company under the same or any other contract.
Without prejudice to any other rights of action the company may have,
unless payment is made to the company on the due date for payment, the customers
account will be automatically suspended until it is brought within the trading
terms offered by the Company.
In the event of an account not being paid in accordance with the terms
and conditions offered by the company, the customer will pay to the Company all
debt collection agency costs, internal and external accountant fees and legal fees (on a solicitor and client basis) incurred by the company in obtaining payment of the amount from the
Delivery shall be made to the location nominated on the customer's order
form and the customer shall be liable for all freight
No claim for loss or damage in transit will be entertained in cases where
the company has agreed to deliver the goods to the customer unless a separate
notice in writing is given to the carrier concerned and the company immediately
the goods are received followed by a detailed and complete claim in writing
within three (3) days of delivery.
Should the Company be delayed
in or prevented from making delivery owing to any cause whatsoever beyond the
Company's control, such as (but not limited to), Acts of God, war, strikes, riots,
government intervention, industrial stoppage or natural disaster, the company
shall be at liberty to cancel or suspend any order without incurring liability
for any loss or damage resulting there from.
Insurance will not be
effected by the Company on goods forwarded from the Company premises unless
the Company receives written instructions from the customer to
The risk in any goods supplied by the Company to a customer shall pass to
the customer when such goods are delivered to the Customer or into custody on
the Customer's behalf. Ownership of such goods will be retained by the Company
until the Customer has discharged all outstanding indebtedness to the Company
Until payment in full of such indebtedness has been made, the customer
agrees as follows:
The Company is permitted to enter the Customers premises to inspect and
or repossess the goods in the event of default of payment.
If the customer sells the goods to a third party then the Customer is
accountable to the company for the proceeds derived from the sale to the value
of the invoices covering the said goods supplied by the Company, and the
Customer holds such proceeds on trust for the Company.