Supply of Goods and Services
Supplied by Pilot Pen Australia Pty Limited hereafter referred to as Pilot Pen Australia.
The following terms and conditions supersede all previously issued terms and conditions of Pilot Pen Australia and operate in all respects subject to the provisions of the Competition and Consumer Act 2010 as amended (“the Act”) and other legislation imposing non-excludable obligations on Pilot Pen Australia.
General
1. (a) Consumers have the benefit of conditions and warranties implied into consumer transactions by the Act. References to the Act include references to equivalent provisions of and circumstances arising under any State or Territory enactment;
(b) Section 64A of the Act enables suppliers of goods or services other than those of a kind required for personal, domestic or household use to limit their liability for breach of certain conditions and warranties implied by the Act subject to certain qualifications. Pilot Pen Australia’s liability for any such breach shall be limited to the replacement or resupply of the goods or services, the supply of equivalent goods or services or the repair of the goods, at Pilot Pen Australia’s option.
Exclusion of Other Warranties
2. Subject to Clause 1 above Pilot Pen Australia makes no representation and gives no guarantee or warranty express or implied in respect of any goods or services, sold or supplied by us. To the extent permitted by law, all conditions, or warranties as to quality or fitness, contained in or implied, by any legislation of the Commonwealth, any State or Territory in which the goods or services are sold or supplied, or any amendment thereof are hereby negative, and Pilot Pen Australia disclaims any liability whatsoever (including liability for negligence) for damages resulting directly, indirectly or consequentially from the use of goods or services of Pilot Pen Australia.
Terms of Payment
3. Terms are thirty (30) days net, that is payment must be received by Pilot Pen Australia within 30 days from the end of the month in which an invoice was issued. If the contract is breached due to payment not being made by the due date then Pilot Pen Australia reserves the right to charge liquidated damages on all amounts due and payable to Pilot Pen Australia at its current bank overdraft interest rate and to recover costs and expenses incurred by Pilot Pen Australia in the process of collecting the overdue amount and where payments are overdue Pilot Pen Australia may at its option either cancel incomplete contracts or orders forthwith or suspend delivery of goods yet to be delivered in the ordinary course of business.
Retention of Title
4. Ownership title and property in goods supplied by Pilot Pen Australia shall not pass to the Purchaser until the Purchaser has paid all monies owing to Pilot Pen Australia, under all sale of goods contracts entered into. Until payment in full for all monies outstanding has been received and until such time the Purchaser shall hold the goods as Bailee for Pilot Pen Australia in a fiduciary capacity, and by separate storage or some other means, ensure that the goods are readily identifiable as the property of Pilot Pen Australia and the onus of identifying goods belonging to Pilot Pen Australia is on the Purchaser.
5. If payment is not made within seven (7) days of final demand in writing made by us, Pilot Pen Australia shall, without prejudice to any other remedies, be entitled to enter the Purchaser’s premises owned, leased or otherwise occupied by reasonable force with no liability to Pilot Pen Australia for trespass or any damage caused as a result of entering the premises to retake possession of such goods and hold them until payment in full has been received.
6. The Purchaser shall obtain all risk insurance to cover any goods in his possession which remain the property of Pilot Pen Australia. Notwithstanding the above, until Pilot Pen Australia has received full payment for the goods the Purchaser shall be entitled to offer for sale and sell the goods in the ordinary course of business as principal, not agent, at the best obtainable price and Pilot Pen Australia shall be legally and beneficially entitled to the proceeds of sale to the extent of any payment due to Pilot Pen Australia and the Purchaser shall keep the proceeds of any such sale separate from its own money and account to Pilot Pen Australia for such proceeds.
7. Pilot Pen Australia shall have the right to trace the proceeds according to the rules of common law; a like right shall apply where the Purchaser uses the goods in any way so as to be entitled to payment from a third party. Pilot Pen Australia also reserves the right to contra any payments owed by them to the Purchaser if payments are not received as they fall due.
8. That notwithstanding any change in the Purchaser’s trading structure or any advice by the Purchaser to Pilot Pen Australia of such change in writing, the Purchaser, as set out on the application for credit, will remain personally liable for all goods and services supplied to the Purchaser, or their agents until the Purchaser has received written confirmation from Pilot Pen Australia that the Purchaser’s account has been closed and full payment received..
Cancellation of Orders
9. Once lodged with Pilot Pen Australia an order may not be cancelled or delivery delayed without Pilot Pen Australia’s prior agreement.
Delivery
10. The date for delivery (if any) is the estimated date for delivery only and Pilot Pen Australia shall be under no liability for any loss or damage howsoever arising if the goods are not delivered by that date. Where Pilot Pen Australia is unable to deliver the goods because of matters beyond the control of Pilot Pen Australia, then the estimated date for delivery shall be extended until the cessation of the effect of such matter or matters.
Price
11. Any recommended price list published by Pilot Pen Australia is subject to change without notice and does not constitute an offer to sell or supply. Pilot Pen Australia reserves the right to supply any order or orders in part or full. All accepted orders will be invoiced at prices current at date of supply. All prices quoted exclude GST unless specified in writing.
Goods and Services Tax – GST
12. GST will be charged as per the Australian taxation law. Your written order should quote your registered Australian Business Number (ABN). If you are claiming exemption from GST, this should be stated at the time of placing your order with details of exemption.
Consignment of Goods
13. When goods are consigned to a Purchaser, by carriers or another person and whether by land, sea or air, the Purchaser shall be deemed to be in possession of the goods and the goods to be at the Purchaser’s risk when the goods have been handed over to such carrier or other person who shall be deemed to be the agent of the Purchaser, whether or not Pilot Pen Australia pays the freight charges.
Returns Authorisation – Claims
14. Subject to applicable laws, any goods returned for credit or exchange will not be accepted unless prior arrangements have been made. i.e.: the Purchaser should apply for a Returns Authorisation number before returning any goods and the following conditions apply.
a) Goods ordered incorrectly, provided they are returned within 30 days will be accepted for return with a 10% handling surcharge applying. Only unbroken cartons or packs will be accepted and an authorisation number must be quoted
b) Goods sold as “Clearance Stock” or specially bought in, will not be accepted for return under any circumstance.
c) Once a claim has been made and a Returns Authorisation number assigned any arrangements to return goods should be made within 30 days of receipt. Pilot Pen Australia will not be bound to consider claims beyond 30 days of receipt of goods.
15. Subject to applicable laws, claims for short delivery or damaged goods can only be recognised when the Returns Authorisation number is sought and notification is received with 48 hours of the purchaser’s receipt of goods or 7 days from our dispatch date, whichever is the latest.
Liability
16. PILOT Pen’s maximum liability is limited to the net invoice value of each item under claim.
17. No claims will be admitted by reason of financial or consequential loss sustained by the Purchaser or their Customers.
18. No claims will be admitted after materials supplied have been cut, processed, printed, ruled or otherwise made less saleable.
19. Pilot Pen Australia reserves the right to replace goods which, in its opinion, are defective. If Pilot Pen Australia is of the opinion the goods cannot conveniently be replaced it may instead credit the Purchaser with the price actually paid or payable.
20. If any condition of these terms and conditions, or their application to a person or circumstance is unenforceable, the remaining conditions shall not be affected and each other condition of these terms and conditions shall be enforceable.
Credit Reporting
21. The Purchaser agrees that Pilot Pen Australia has the right to make any inquiries and report from/to a credit reporting agency to ascertain and report the credit and financial responsibility of the Purchaser from time to time.
Applicability of Terms and Conditions
22. These terms and conditions shall apply to account orders for goods or services placed by the Purchaser with Pilot Pen Australia to the exclusion of all other terms or conditions. If the terms of purchase of the Purchaser’s order are inconsistent with these terms and conditions then the taking delivery of PILOT Pen’s goods or the acceptance of PILOT Pen’s services shall be deemed to be acceptance of these terms and conditions.
23. No representative, employee or agent of Pilot Pen Australia other than the Managing Director has any authority to vary these terms and conditions or any part of them and then only then in writing.
Privacy Policy
PILOT Pen is committed to ensuring the privacy of personal information and meeting its obligations under the Privacy Act 1988.
• All personal information is held in confidence and is only used for establishing and maintaining an account with the purpose of providing services and goods to you and your organisation, and if required, in the collection of debts. The personal information we require and may collect may cover such details as, names, addresses phone numbers, driver’s license number and date of birth of sole traders, partners and directors, credit card and bank account details, e-mail addresses, and credit ratings.
• This information is fundamental in order to open and maintain an account with you and your organisation so that we may contact you when necessary on issues relating to supplying of goods and/or services and payments of accounts.
When You Provide Information
We will not use your personal information for any other purpose other than:
• related to the delivery of our products or services;
• investigating for the purpose of establishing an account;
• to send communications providing information on new services or information about projects being undertaken;
• provide information to debt collection agencies, solicitors and legal representatives for the purpose of recovering debts and reporting to credit reporting bodies of default payments;
• as required by law to do so;
• any purpose for which you would not reasonably expect us to use the information; and
• we will not sell or disclose your personal information to any individual or entity outside the Group, unless specified above, required by law to do so, or where you have consented for the information to be disclosed.
Security of Captured Data
Pilot Pen Australia Pty Ltd will endeavour to take all reasonable steps to ensure the security of personal information.
For more information, visit our Privacy Policy page.
Disclaimer
1. The information provided by Pilot Pen Australia Pty Ltd on this website has been compiled for your convenience. Pilot Pen Australia Pty Ltd makes no warranties about the accuracy or completeness of any information contained on this website.
2. Pilot Pen Australia Pty Ltd including its directors, affiliates, officers, employees, agents, contractors, successors and assigns, will not accept any liability for any loss, damage or other injury resulting from its use.
3. Links to other websites are provided for your convenience and Pilot Pen Australia Pty Ltd is not responsible for the information contained on those websites. The provision of a link to another website does not constitute an endorsement or approval of that website, or any products or services offered on that website, by Pilot Pen Australia Pty Ltd. Pilot Pen Australia Pty Ltd will not accept any liability for the use of those links to connect to web sites that are not under its control.
4. Pilot Pen Australia Pty Ltd holds the copyright to this website. Pilot Pen Australia Pty Ltd grants you a limited licence to download this website for personal use only. You are not permitted to reproduce or alter this website, or any copy of it, for any other purpose without the prior express written consent of Pilot Pen Australia Pty Ltd.
5. Pilot Pen Australia Pty Ltd regards your privacy as important and will take all reasonable steps to ensure that if you have subscribed to receive notification of website updates, your e-mail address will remain confidential.