Terms & Conditions

Goods supplied by Nuplas Pty Ltd are supplied upon the following terms and conditions, and not otherwise, and Nuplas Pty Ltd expressly rejects any conditional sales order placed by the purchaser.

  1. A contract is formed when Nuplas Pty Ltd has received an order and either sends the purchaser a written acceptance or dispatches goods pursuant to the order.
  2. The price is that quoted by Nuplas Pty Ltd in respect of the particular order and not in any brochure or other product information published. Prices are ex-factory and are subject to GST where applicable. The purchaser shall arrange to bear the cost of delivery, freight and insurance, unless otherwise agreed to by Nuplas Pty Ltd.
  3. Dispatch dates will be observed subject to Nuplas Pty Ltd’s ability to effect transport by available means.
  4. No claims in reference to items covered by any invoice will be recognised unless made in writing within 7 days of delivery.
  5. Payment is to be made in full at point of sale.
  6. Unless presented by statute all implied terms, conditions and warranties are excluded. Nuplas Pty Ltd is not responsible for the use or misuse of the goods or the installations thereof. The purchaser’s remedy for any breach of condition warranty or condition of goods shall be limited at the discretion of Nuplas Pty Ltd to the replacement of the goods and shall not include any consequential loss or damages in the event of any defect in or failure of goods.
  7. All goods are supplied subject to retention of title. The goods remain the property of Nuplas Pty Ltd until complete payment of all claims due to Nuplas Pty Ltd arising from all business transactions between Nuplas Pty Ltd and the purchaser. Prior to use or resale of goods the purchaser shall maintain them in an identifiable condition in store or on site. The purchaser may resell the goods in the ordinary course of business, subject to maintaining Nuplas Pty Ltd’s rights against the goods, and acting as fiduciary in recovering payment of the goods and segregating such proceeds for the account of Nuplas Pty Ltd until Nuplas Pty Ltd is paid in full. The purchaser assigns to Nuplas Pty Ltd any claims or rights against sub-purchasers in order to enable Nuplas Pty Ltd to make full recovery of monies owed to it in respect of the goods. In the event of the failure of the purchaser to pay for goods or in the event of the appointment of a receiver and manager, liquidator, agent in possession or execution or distress, Nuplas Pty Ltd may enter the purchaser’s premises or where the goods may be stored or installed and recover them, or appoint an agent in writing to do so and the purchaser acknowledges and guarantees such right of entry during normal business hours. The purchaser shall be required to pay in full any Debt Collection Agency fees, charges and commissions plus real expenses incurred by Nuplas Pty Ltd for the recovery of any monies outstanding in excess of our normal trading terms.
  8. This sale is governed by law of Victoria. All disputes arising hereunder will be dealt with in the courts of Victoria and courts hearing appeals therefrom.
  9. Nuplas Pty Ltd does not waive any of its strict legal rights in respect of these conditions or the goods, and shall not be bound by any waiver made by its servants and agents on a particular occasion.
  10. The purchaser hereby releases, indemnifies and defends Nuplas Pty Ltd from and against any losses, liabilities, claims suits and costs caused by or arising out of the way in which theo goods are packaged, if the goods and any packages or containers in which they are contained are made in compliance with the purchaser’s design or specification.
  11. Nuplas Pty Ltd will not be responsible for any delay in or failure of performance of supply of delivery of goods caused by circumstances beyond its control including, but not limited to, strikes, lock-outs, labour disturbances, Act of Government, riot, civil war, commotion, fire, flood, failure of power supply or similar event, and shall not be liable for any consequential loss, damage, expense or claim suffered by the purchaser or any other party as a result of any such event.
  12. Nuplas Pty Ltd may in its absolute discretion, accept the return of standard products, (but not special products) to the credit of the purchaser, provided that such products are returned to its factory unused and undamaged before the expiry of 14 days after their delivery to the purchaser and the purchaser agrees to pay a handling and administration charge equal to 10 per cent of the price. No returns of special products will be accepted.
  13. Acceptance of services and or goods from Nuplas Pty Ltd is an acceptance by the purchaser of these conditions.
  14. These conditions will not be varied unless Nuplas Pty Ltd agrees in writing.