Acceptance of Order
1. A purchase order (“order”) once placed by the Company and accepted by the supplier is revocable only by the Company. The supplier accepts an order by commencing to process it and may not withdraw from the supply of goods set out in any accepted order at any time without the prior written approval of the Company. Prices set out or referred to directly or indirectly on any order are fixed and may not be varied.
2. The supplier is responsible for any misinterpretation or errors appearing on any order.
3. Unless otherwise specified in writing, all prices referred to on orders are strictly net based on the quantity and the pack sizes set out in the order. Prices may not be varied due to and may not be adjusted according to any change in any costs of the supplier or variation in quantity or pack sizes. Prices are exclusive of GST unless otherwise stated.
4. The supplier is responsible for the following costs and charges, unless otherwise specified in the order:
(a) drums, cases, pallets and general and special packaging (“packaging”);
(b) special tooling requirements;
(c) freight and unloading;
(d) insurance for goods in transit until risk passes; and
(e) all delivery charges and all statutory taxes and charges.
5. Goods ordered may not be substituted unless approved by the Company in writing. If specified goods are unavailable or quantity and pack sizes vary from that set out in the order the supplier must immediately on receipt of the order advise the Company. This does not affect the supplier’s liability as otherwise contained in these terms.
6. If the Company requests, the supplier agrees to make available any goods for inspection or for carrying out of any tests or certification processes. Tests or processes will be carried out by or at the direction of the relevant customer of the Company at the customer’s cost and the supplier’s risk. By providing goods for inspection or for testing or processing pursuant to this clause the Company expressly does not assume any responsibility for the goods whatsoever including any liability if the results of the tests or processes carried out are wrong.