1)       Quotations

All quotations for the supply of goods, however made, are not offers and are provided only as indicative statements of current price levels.

2)        Price

Except where a fixed price or a price fluctuation formula is stated in a form of acceptance or order, all prices are subject to change by SOOYA without notice and shall be those ruling at the date of despatch.

Where a firm price is stated in the form of acceptance of order unless otherwise stated the price therein shall rule for thirty (30) days from the date of the acceptance and thereafter SOOYA reserves the right to vary the price as it determines.

3)       Title and Risks

SOOYA PTY LTD supplies goods on the condition that the property in the goods will not pass to the customer until they have been paid for in full. The goods are at the risk of the customer or agent upon purchase/delivery. The customer irrevocably authorises SOOYA PTY LTD to enter any premises owned or under the control of the customer where unpaid goods are located and seize and take away such goods without being liable for trespass.

Until the goods are paid for in full, SOOYA PTY LTD authorises the customer to sell the goods as its agent. However, the customer shall not represent to any third parties that it is acting in any way for SOOYA PTY LTD. SOOYA PTY LTD will not be bound by any contracts with third parties to which the customer is a party.

4)       Delivery

The delivery times made known to the client are estimates only and SOOYA PTY LTD will not be liable for late delivery or non-delivery. Under no circumstances will SOOYA PTY LTD be liable for any loss, damage, or delay suffered or incurred by the client or its clients arising from late or non-delivery of the products.

SOOYA PTY LTD may make part deliveries of any order, and each part delivery will constitute a separate supply of the products upon these terms and conditions.

5)       Change of ownership

The customer agrees to notify SOOYA PTY LTD in writing of any change of ownership of the customer or it’s business, or of directorships in the case of a corporate customer, or of any other change whatsoever affecting this agreement within seven (7) days from the date of such change and indemnifies SOOYA PTY LTD against any loss or damage incurred by it as a result of the customer’s failure to notify SOOYA PTY LTD of any change.

6)       Default

Without prejudice to any other rights that SOOYA PTY LTD has under these Terms and Conditions, if the customer fails to make any payment due to SOOYA PTY LTD under these Terms and conditions, SOOYA PTY LTD may, in its sole discretion, and without further liability to the customer:

1)       refuse to make further supplies to the customer.

2)       the customer shall pay to SOOYA PTY LTD interest at the rate of 9% per annum in respect of any amounts as may from time to time be overdue until paid and such money together with all interest shall be recoverable forthwith from the customer as a liquidated debt.