TERMS AND CONDITIONS OF SALE
and Invoice Conditions of Order

1.   The Buyer is bound by these conditions upon Talon Australia pty Limited (A.B,N. 30 003 715 348) trading as, Topfix Fastening Systems  ("Topfix") accepting an order from the Buyer to supply the goods requested by the Buyer and detailed in the invoice on the reverse of   these conditions ("The Goods"), The provision of any purchase order or other document created or issued by the Buyer in connection with   the order, which are at variance with or conditional to these conditions, do not bind Topfix.

2.   Risk in the Goods passes to the Buyer on dispatch, but if Topfix is responsible for delivery, risk passes at completion of delivery.
The Buyer must insure the Goods at and from the time risk passes. Ownership of the goods in each delivery only passes to the Buyer when all of the Goods in that delivery and all other deliveries from Topfix are paid for in full and the funds cleared. Until then ownership of the Goods remains with Topfix and the Buyer holds the Goods as 'fiduciary bailee' for Topfix, If any event in clause 12 occurs, the Buyer must return to Topfix any of the Goods it does not own upon demand and Topfix may enter the premises at which those Goods are stored and retake possession of them and resell the Goods.

3.   Payment terms are net cash within 30 days from the end of the month in which the Goods are purchased.
4.   The Buyer must pay the full amount of the Goods strictly in accordance with the terms set out in clause 3. If the full amount of the invoice is not paid when due, it will bear interest calculated on a daily basis from the due date until paid at the rate fixed under Penalty Interest Rates Act 1983. 1.5% pcm

5.   The Buyer must pay the amount of any changes in prices for Goods ordered by it. All prices for Goods are subject to change without notice and the Goods will be invoiced at the prices current at the time of dispatch.

7.    Except where the Buyer has acquired the Goods as a consumer for the purpose of the Trade Practices Act 1974 or corresponding State  Legislation, all express and implied conditions and warranties are, to the extent as permitted by law, excluded from these conditions.

8.   Any description of Goods contained in this contract is given by way of identification only and use of such description shall not constitute this contract a sale by description.

9.   Topfix is not responsible for and is released from all liability for any loss or damage to the Goods or to any other property or for death or injury to any person due to negligence of Topfix or any other cause whatsoever, including any loss or damage to the Goods in the course of delivery to the Buyer regardless of the means of delivery. This paragraph does not apply to any liability made non-excludable by legislation

10.   All claims in respect of delivery of Goods and any queries on invoices must be made to TOPFIX within 7 days of receipt of the  Goods and/or invoice. Topfix may apply a surcharge to meet the cost of processing any credits to the Buyer.

11.  No freight charges for return of Goods under the purchaser's volition shall be acceptable by the company unless authorised by The company.

12.   Topfix may cancel any accepted order if the Buyer becomes bankrupt or insolvent, goes into liquidation or receivership or breaches these conditions.