1. The Contract
Except where there is a written contract to the contrary, all Goods and Services purchased by, or performed for, KGL Resources, is solely and exclusively purchased or performed in accordance with these Terms and Conditions. By commencing any part of the supply of the Goods or performance of Services, the Seller is deemed to have read and agreed to these Terms and Conditions. This contract is constituted by these Terms and Conditions, the Purchase Order, attached or dispatched separately, and any other terms and conditions relating to contract agreed in writing by each party. Any Seller terms and conditions, or those of any trade association or professional body that the Seller is a member of, are expressly excluded. The Sale of Goods (Vienna Convention) Act 1986 (Qld), any like legislation in any jurisdiction, and the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention or CISG) does not apply to Goods supplied under this contract. Any notice, process or proceeding may be served by delivering the notice, process or proceeding by mail, facsimile or email to each other party’s address details stated in the Purchase Order.
In these Terms and Conditions:
Date for Completion/Delivery means the date stated in the Purchase Order for completion of the Services, or delivery of the Goods, or other date directed by KGL Resources.
Date of Completion/Delivery means a date certified by KGL Resources to be the date on which the delivery of Goods and/or provision of Services reach completion.
Goods means the goods specified in or implied by the Purchase Order (including any parts of the goods specified). Goods also include any goods used during the performance of any Services.
GST/VAT/ST means goods and services tax, value added tax or sales tax applicable under legislative requirements or any other consumption tax imposed on a value added basis.
KGL Resources means KGL Resources Ltd or the party named in the Purchase Order, or any of their related bodies corporate, and their successors or assigns.
Purchase Order means the purchase order form to which these Terms and Conditions apply.
Seller means the person, firm or company to whom the Purchase Order is issued and who will supply the Goods or perform the Services, and its successors or permitted assigns.
Services means the services to be performed as specified in or implied by the Purchase Order (including any part of the specified services and the results of the services).
Terms and Conditions means these terms and conditions, available on KGL Resources’s website: www.kglresources.com.au, as posted at the date of the Purchase Order
3. Quality and Description of Goods
The Goods must match the description in the Purchase Order.
The Goods must comply with any relevant laws, applicable standards and any other standard specified in the Purchase Order.
The Goods must be new, of merchantable quality, fit for purpose and free from any defects.
4. Quality of Services
The Services must comply with any relevant laws, applicable standards and any other standard specified in the Purchase Order. The Services must comply with the requirements for the Services in the Purchase Order including any scope of work, drawings or specifications. The Services must be carried out with due care, skill and diligence, in accordance with this contract and in accordance with generally recognised standards of good professional practice applicable to the Services, by representatives who are skilled, competent, experienced and properly qualified in their respective trades or professions.
5. Time and Place of Performance
The Seller must supply the Goods or perform the Services at the address nominated in the Purchase Order, by the Date for Completion/Delivery. Any Date for Delivery/Completion is of the essence, if the Seller does not deliver the Goods or complete the Services by the Date for Delivery/Completion, KGL Resources may terminate this contract.
6. Packing and Delivery
The Seller must ensure that the Goods are packaged properly and labelled in accordance with the requirements of the contract and any applicable laws relating the packaging and labelling of the Goods. At the time of delivery of Goods the Seller must provide KGL Resources with a delivery docket or packing slip (or other similar shipping documentation) and obtain signature of an authorised KGL Resources employee as confirmation of delivery.
KGL Resources will not be deemed to have accepted any Goods or Services until it has had a reasonable time to inspect the Goods or Services after delivery and to inspect and test the results of any Services after performance. Payment for the Goods and any Services or the signing of delivery documents before inspection does not constitute acceptance of the Goods or Services.
KGL Resources will only pay for the quantity of Goods or Services accepted by KGL Resources. Any goods which are rejected by KGL Resources will be available for collection by the Seller at the place of rejection or returned by KGL Resources to the Seller at the Seller’s risk and expense. The Seller must correct, amend, replace or complete, at its own cost, any Goods or Services that contain errors or are defective, incorrect, incomplete, omitted, lost or damaged or otherwise not conforming with the contract.