1. Any change which affects the trading address, legal entity, structure of management or control of the applicant will be notified to Lanark Trading Co.Pty.Ltd. (thereafter referred to as ”The Company”) in writing with seven (7) days of change becoming effective.
  2. Payment of the account is to be made by the end of the following month. Net 30 days from date of statement.
  3. Credit facilities may be withdrawn on overdue accounts and or accounts exceeding credit facilities.
  4. i. It is expressly agreed and declared that the title to the goods/product shall not pass to the [buyer] until payment in full of the purchase price. The [Buyer] shall in the meantime take custody of the goods/product and retain them as fiduciary agent and bailee of the [seller].
    ii. The [Buyer] may resell but only as fiduciary agent of the [Seller]. Any right to bind the [seller] to any third party by contract or otherwise is however expressly negated. Any such resale is to be at arms length and on market terms and pending resale or utilisation in any manufacturing or construction process, is to be kept separate on its own, properly stored, protected and insured.
    iii. The [Buyer] will receive all proceeds whether tangible or intangible , direct or indirect of any dealing with such goods/ product in trust for [seller] and will keep such proceeds in a separate account until the liability to the [seller] shall have been discharged.
    iv. The [Seller] is to have power to appropriate payments to such goods an accounts, as it thinks fit notwithstanding any appropriation by the [buyer] to the contrary.
    v. In the event that the [buyer] uses the goods/product in some manufacturing or construction of its own or some third party, the [buyer] shall hold such part of the proceeds or construction process as relates to the goods/products in trust for the [Seller]. Such part shall be deemed to equal in dollar terms the amount owing by the [Buyer] to the [Seller] at the time of the receipt of such proceeds.
  5. No claims for loss or damage in transit or for shortage in quantity will be entertained unless notice is given in writing within seven (7) days from date of delivery.
  6. Goods returned will not be accepted unless a written request for credit has been approved by the company. Goods returned shall be at the customer’s expense.
  7. The Company will not accept liability for any loss or damage to property of any nature in respect to any failure to deliver, or delay in delivery due to any case of whatever nature not within the control of the Company.
  8. Enforcement expenses may become payable under credit facility in the event of a breach. The credit applicant must pay any reasonable expenses incurred in enforcing the agreement in the event of default.
  9. The Company reserves the right to use the services of credit reporting service and mercantile agent.
  10. i. All Company luminaires are warranted for 1 year from the date of installation, provided they are free from defects in workmanship and materials provided, the equipment is used on proper voltage supply and has not been subjected to misuse. The Company will make necessary replacement of faulty component parts during this time without charge upon return to our premises. We will not be responsible for charges incurred by other parties for the charges have been previously submitted and approved in writing by the Company. We reserve the right to use our own maintenance facilities for such rectification.
    ii. This warranty does not cover any lamps, tubes, transformers, starters, control gear or other components that are subject to manufacturer warranty.
    iii. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
  11. Measurements provided are accurate at the time of publication but may vary within the manufacturing process. Users are advised to confirm exact specification prior to installation. The Company reserves the right to improve, modify or update any designs without prior notice.