Terms & Conditions
In the event that the Customer accepts an offer of Olympic Locksmiths to provide credit to the Customer for the purchase of goods from Olympic
Locksmiths from time to time and the Customer purchases goods from Olympic Locksmiths from time to time the Customer will be deemed to have
agreed to and be bound by Olympic Locksmiths Terms and Conditions of Trade.
Any representation, warranty and/or conduct on the part of Olympic Locksmiths concerning or relating to the sale of goods by Olympic Locksmiths
to the Customer from time to time which is inconsistent with or seeks to add to or vary these terms and conditions shall be of no effect
whether as an agreement, warranty, representation or otherwise unless in writing signed by a director of and/or under the common seal of
All other conditions, warranties and obligations implied by law are to the extent permissible excluded from the agreement between Olympic
Locksmiths and the Customer for the sale of goods from time to time and are expressly negatived.
From time to time the Customer will enter into further agreements with Olympic Locksmiths for the purchase of goods from Olympic Locksmiths.
Olympic Locksmiths Terms and Conditions of Trade shall be deemed to form part of each of those agreements.
Any acceptance by the Customer of any offer of which might be made by Olympic Locksmiths to the Customer on Olympic Locksmiths Terms and
Conditions of Trade which is inconsistent with or seeks to add to or vary Olympic Locksmiths Terms and Conditions of Trade will be effective as
an acceptance of the offer on Olympic Locksmiths Terms and Conditions of Trade only and shall not vary or add to Olympic Locksmiths Terms and
Conditions of Trade and insofar as it is inconsistent with or seeks to, add to or vary those terms and conditions but not otherwise shall be
void and of no effect.
The Customer shall not impose any conditions on the purchase of goods by it from Olympic Locksmiths from time to time inconsistent with or
which seek to add to or vary these terms and conditions. If the Customer places an order with Olympic Locksmiths or accepts any quotation
delivered by Olympic Locksmiths for the supply of goods by Olympic Locksmiths to the Customer on conditions which are inconsistent with or
which seek to add to or vary Olympic Locksmiths Terms and Conditions of Trade, those conditions imposed by the Customer which are inconsistent
with or seek to add to or vary Olympic Locksmiths Terms and Conditions of Trade shall be void and no effect unless expressly agreed to in
writing signed by a director or secretary of Olympic Locksmiths or under the common seal of Olympic Locksmiths.
Olympic Locksmiths may from time to time and in its absolute discretion vary these terms and conditions. In that event Olympic Locksmiths will
deliver to the Customer by prepaid post and sent to the address for the Customer last notified to Olympic Locksmiths in writing or to its
registered office or place of business a set of Olympic Locksmiths Terms and Conditions of Trade as varied.
In the event that the Customer continues to purchase goods from Olympic Locksmiths after the expiry of seven (7) days from posting of a copy of
Olympic Locksmiths Terms and Conditions of Trade as varied to the Customer, the Customer will be deemed to have agreed to Olympic Locksmiths
Terms and Conditions of Trade as varied by Olympic Locksmiths.
If between the times an agreement for the sale of particular goods is reached between the Customer and Olympic Locksmiths and the date of
delivery of the goods the subject of that agreement:
Notwithstanding 4.1 if Olympic Locksmiths agrees to fix the price at which it agrees to sell goods to the Customer from time to time that price
will remain fixed in respect of goods delivery of which is taken by the Customer within the period nominated by Olympic Locksmiths as the
period for which the price shall remain fixed.
Any quotation delivered by Olympic Locksmiths to the Customer which fixes the price at which Olympic Locksmiths will supply the goods the
subject of that quotation for a period will expire after 28 days from the date of the quotation and if not accepted within that period will be
deemed to have been withdrawn.
In the event that Olympic Locksmiths agrees to supply goods to the Customer which goods are to be manufactured by or on behalf of Olympic
Locksmiths according to designs, drawings specifications and or like documents (“the drawings”) delivered by the Customer to Olympic Locksmiths
Any and all documents including but not limited to plans, drawings, specifications, schedules, quotations, invoices, delivery dockets and or
statements of account produced by or on behalf of Olympic Locksmiths in the course of dealing with the Customer and or performing any agreement
between the Customer and Olympic Locksmiths shall be and remain the property of Olympic Locksmiths irrespective of whether Olympic Locksmiths
has delivered them to the Customer. The Customer will not disclose the contents of those documents or any of them to any third party without
the consent of Olympic Locksmiths in writing first obtained.
The amount to be paid to Olympic Locksmiths by the Customer on the sale and delivery of any goods sold by Olympic Locksmiths to the Customer
from time to time shall be particularised in the invoice issued by Olympic Locksmiths on the delivery of the subject goods and identifying
those goods (“the Price“).
The Price shall in the absence of fraud and/or manifest error and at the option of Olympic Locksmiths be deemed to be the sum payable by the
Customer for the goods described in that invoice.
The Customer shall pay to Olympic Locksmiths without retention the full amount of the Price for goods purchased from Olympic Locksmiths from
time to time by the last day of the month following the month in which the goods are delivered (“the Due Date“).
The Customer shall pay interest at the rate of 5% per month on any sum due and payable by the Customer to Olympic Locksmiths but not paid from
the Due Date until payment.
In the event that payment for goods delivered by Olympic Locksmiths to the Customer from time to time is not made by the Due Date and or the
Customer fails to pay any monies which it owes to Olympic Locksmiths whether pursuant to this agreement or otherwise when due Olympic
Locksmiths shall be entitled to suspend or cancel undelivered orders without liability for damages or at all.
Any purchase from Olympic Locksmiths charged to the Customer with Olympic Locksmiths and delivered by Olympic Locksmiths to the Customer or to
any place at which the Customer is carrying on work or business or to which the Customer directs delivery shall be deemed to have been
purchased from Olympic Locksmiths by and with the authority of the Customer unless the subject goods:
|6.6.1.||to the knowledge of Olympic Locksmiths were not ordered by and/or with the authority of the Customer; and|
are returned to Olympic Locksmiths with their original packaging intact within seven (7) days of delivery, and the Customer will be obliged to
pay for those goods in accordance with these Terms and Conditions.
The Customer charges in favour of Olympic Locksmiths and with all moneys payable by the Customer to Olympic Locksmiths from time to time
whether pursuant to these Terms and Conditions or otherwise all its estate and/or interest in land owned by the Customer wheresoever situated.
The certificate of any director, secretary or employee of Olympic Locksmiths as to the amount payable by the Customer to Olympic Locksmiths for
goods sold and delivered by Olympic Locksmiths to the Customer shall in the absence of fraud and or manifest error be as between the Customer
and Olympic Locksmiths conclusive of the fact that the amount so certified is payable by the Customer to Olympic Locksmiths.
Time shall not be of the essence for the delivery of goods by Olympic Locksmiths to the Customer or as directed by it notwithstanding that
Olympic Locksmiths might agree to deliver goods by a particular time.
In the event that Olympic Locksmiths agrees to deliver goods by a particular time but is prevented from doing so by reasons beyond its control
including but not limited to fire, explosion, plant breakdown, interference by labour strikes or lockouts, non-availability of labour or
materials or delay in the delivery of the goods to Olympic Locksmiths the date for delivery of the goods agreed by Olympic Locksmiths shall be
deemed to be extended to the date upon which Olympic Locksmiths delivers the goods.
In the event that any manufacturer or supplier of goods to Olympic Locksmiths alters or modifies those goods but so as not to change their
outward appearance at any time after Olympic Locksmiths has agreed to sell the goods of that type to the Customer Olympic Locksmiths shall be
entitled to deliver in satisfaction of its obligations to sell and deliver goods of that type to the Customer the goods as altered or modified
and to do so without notification to the Customer.
|7.4.||Any claim by the Customer that goods delivered by Olympic Locksmiths to it or at its direction are:|
|7.4.1.||defective and/or damaged;|
not all of the goods described in the invoice and/or delivery document or other document intended by Olympic Locksmiths to describe the goods
the subject of delivery which accompanies those goods on delivery;
otherwise fail to comply with the terms and conditions of the agreement pursuant to which the goods have been delivered to the Customer, shall
be delivered in writing to Olympic Locksmiths within seven (7) days of the delivery of the goods which purport to be of the goods described in
the respective invoice and/or delivery document.
Unless notice of any claim of the type described in 7.4 above is made to Olympic Locksmiths in compliance with that provision Olympic
Locksmiths shall be deemed to have delivered to the Customer the goods described in the invoice or delivery docket or other document
accompanying the goods on delivery in good order and condition and in compliance with the agreement between the Customer and Olympic Locksmiths
pursuant to which the goods were delivered.
Olympic Locksmiths shall in the event that a claim for damaged or defective goods is made to it in compliance with these terms and conditions
and if requested to do so in writing by or on behalf of the Customer:
use all its reasonable endeavours to enforce where available any warranty given by or binding on the manufacturer and/or supplier of the goods
the subject of the claim and in favour of Olympic Locksmiths provided that Olympic Locksmiths shall not be obliged to expend moneys, commence
legal proceedings or otherwise put itself at risk for that purpose;
assign to the extent permissible by and effective at law the benefit of any warranty or contractual right operating in favour of Olympic
Locksmiths against the manufacturer and/or supplier of the goods sold in turn by Olympic Locksmiths to the Customer and the subject of a claim.
Olympic Locksmiths shall have no liability or obligation other than as provided for by clause 7.6 hereof to the Customer for damaged and/or
defective goods sold and delivered by it to the Customer from time to time and the Customer shall be obliged to pay Olympic Locksmiths for
those goods in compliance with these terms and conditions.
Olympic Locksmiths shall accept goods for return for credit on the following conditions only and otherwise shall be under no obligation to
accept the return of goods for credit:
|8.1.1.||goods made to the order and/or specific requirements of the Customer are not returnable for credit;|
|8.1.2.||goods returned for credit must be in their original condition with their original packaging intact;|
|8.1.3.||the goods must be returned to Olympic Locksmiths within sixty (60) days from the date of Olympic Locksmiths invoice describing the goods;|
the goods are accepted by the manufacturer and/or supplier for return and the manufacturer and/or supplier allows Olympic Locksmiths a full
credit for the amount which Olympic Locksmiths agreed to pay to the manufacturer and/or supplier for those goods;
any goods which have been superseded, are otherwise obsolete or in respect of which the manufacturer and/or supplier has discontinued
manufacture and/or supply are not returnable for credit.
The Customer will pay to Olympic Locksmiths by the last day of the month following the delivery by Olympic Locksmiths to the Customer of its
invoice detailing the amounts payable by the Customer to Olympic Locksmiths pursuant to this provision:
|8.2.1.||any surcharge imposed by the manufacturer on the return of the goods;|
|8.2.2.||a handling charge of 15% of the invoiced value of the goods returned for credit; and|
|8.2.3.||any transport, packaging costs or other costs incurred by Olympic Locksmiths in relation to or arising from the return of the goods.|
Risk in any goods supplied by Olympic Locksmiths to the Customer shall pass when those goods are delivered to the Customer or to any other
person on its behalf or as directed by the Customer but property in those goods shall be retained by and in Olympic Locksmiths until payment is
made for all goods supplied by Olympic Locksmiths to the Customer from time to time.
The Customer shall store all products supplied by Olympic Locksmiths to it in a manner which will keep the goods separate from any goods
supplied by any other party to the Customer and the goods supplied by Olympic Locksmiths readily identifiable as goods supplied by Olympic
Locksmiths to the Customer.
If goods supplied by Olympic Locksmiths to the Customer in which property has not passed pursuant to these terms and conditions are sold by the
Customer then the proceeds of sale of those goods shall be the property of Olympic Locksmiths. The Customer shall deposit those proceeds of
sale in an account separate from its own money and styled “[Name of Customer] in trust for Olympic Locksmiths Pty Limited”
The Customer acknowledges that it holds any products which have been supplied by Olympic Locksmiths to it as bailee only for Olympic Locksmiths
until all goods supplied by Olympic Locksmiths to the Customer from time to time have been paid for in full.
The Customer by these provisions authorises Olympic Locksmiths whether by its employees, agents or otherwise to enter at any time after the
expiry of fourteen (14) days from the date of termination of this agreement upon the premises occupied by the Customer where any product
supplied by Olympic Locksmiths to the Customer are stored and to remove any product supplied by Olympic Locksmiths to the Customer in which
property has not passed to the Customer whether or not any period of credit granted by Olympic Locksmiths to the Customer in relation to those
goods has expired.
The Customer agrees that for the purposes of these terms and conditions goods supplied by Olympic Locksmiths including but not limited to
locks, door furniture and bathroom fittings that are screw-fixed to another surface are deemed to be readily identifiable and capable of
removal and will not be fixtures. Olympic Locksmiths will be under no obligation to make good any damage caused by the removal of any of those
The customer shall prior to selling any goods purchased from Olympic Locksmiths and in which title remains in Olympic Locksmiths pursuant to
the terms of this agreement notify the person to whom the customer intends selling the goods of the effect of these provisions that is that
title to any goods supplied by Olympic Locksmiths to the customer from time to time will remain in Olympic Locksmiths until all moneys owed by
the customer to Olympic Locksmiths from time to time have been paid. The customer agrees that Olympic Locksmiths will be at liberty to notify
the owner of the property and/or works and/or building for which the goods are intended of the effect of these provisions.
|10.||10.1.||Olympic Locksmiths shall at any time whether with or without cause and in its absolute discretion be entitled without penalty to:|
|10.1.1.||determine any agreement between the Customer and Olympic Locksmiths for the sale of goods whether on credit or otherwise;|
|10.1.2.||to refuse the supply of goods on credit to the Customer.|