Payments

TERMS AND CONDITIONS OF PURCHASE

The following terms and conditions (“the terms”) apply to the purchase and/or delivery of the goods (“the Goods”) between Lucky’s Scrap Metals Pty Ltd ABN 52 098 115 747 also known as “Lucky’s” and the supplier of the Goods (“the Supplier) as set out on the RCTI.

1. RISK AND TITLE: Upon Lucky’s taking possession of the Goods, title to and risk in the Goods will pass to Lucky’s.

2. PURCHASE PRICE: The purchase price for the Goods will be as agreed between the parties and in the absence of any such agreement, will be the market price for the Goods as determined by Lucky’s at its sole discretion, acting reasonably.

3. CONDITION OF GOODS: The Supplier warrants that the Goods are of acceptable quality, free from defects, fit for purpose, contain no hazardous or prohibited material and are in accordance with any specifications agreed to between Lucky’s and the Supplier. The Supplier further warrants that the Goods are free from any security interests (as that term defined in the Personal Property Securities Act 2009 (Cwth).

4. PAYMENT TERMS: Subject to clause 5 below or as otherwise addressed in a specific supply agreement between Lucky’s and Supplier, where the Supplier elects to invoice Lucky’s for the Goods supplied, Lucky’s will make payment within 28 days from the date Lucky’s receives a valid tax invoice from the Supplier with respect to the Goods supplied to Lucky’s. The Supplier acknowledges and agrees that it is the Supplier’s obligation to issue a valid tax invoice to Lucky’s and that invoices must be submitted promptly by the Supplier after delivery of the Goods.  Where a Non ABN Supplier or a Sole Trader is required to provide a drivers licence or ID Card as identification for the proof of delivery, the following rules apply:
   (a) The supplier’s Name on the Bank Account or Payid MUST match the name of the person Supplying the product to Lucky’s. If the names do not match no payment will be made. It is the responsibility of the Supplier to ensure the details are correct. Lucky’s take no responsibility where information provided does not match.
   (b) Lucky’s is under no obligation to make payment for the supply of the Goods or part thereof is the information provided is incorrect
   (c) If the Supplier has closed their bank account and the payment returns to Lucky’s, it is the Supplier’s responsibility to notify Lucky’s for all updated bank account details.          (d) If the Supplier is a PTY LTD Company, the bank account MUST be of the PTY LTD name.

5. Where a valid Recipient Created Tax Invoice (“RCTI”) agreement exists between the parties, and the Supplier elects for Lucky’s to issue an RCTI for the Goods supplied to Lucky’s, Lucky’s will issue the RCTI and make payment within 28 days from the date Lucky’s receives the Goods from the Supplier unless other agreements or conditions on the purchase have been made.

6. In all other cases, payment will be made by Lucky’s within 28 days of presentation by the Supplier of proof of delivery of the Goods to Lucky’s.

7. Where an amount is payable by the Supplier to Lucky’s, payment of that amount will be made by the Supplier to Lucky’s within 7 days of delivery of the Goods to Lucky’s, unless otherwise agreed by Lucky’s in writing.

8. OBLIGATION TO PROVIDE INVOICE AND SUPPORTING DOCUMENTS: Where the Supplier is required to issue a tax invoice or provide proof of delivery or bank details to Lucky’s for payment and the Supplier fails to do so within 1 month of the date of delivery, the Supplier acknowledges and agrees the following:
   (a) Lucky’s is under no obligation to accept the tax invoice for the Goods or part thereof;
   (b) Lucky’s is under no obligation to make payment for the supply of the Goods or part thereof; and
   (c) Any payment made by Lucky’s will be at its sole discretion.
   The Supplier acknowledges and agrees that the terms and conditions of payment as set out in clauses 4, 5, 6 and 7 are reasonable and necessary for the protection of the legitimate interests of Lucky’s and do not constitute a penalty.

9. INSPECTION: Upon delivery, Lucky’s will have the right to inspect the Goods. If Lucky’s determines, acting reasonably, that the Goods have not been supplied in accordance with these terms, or as agreed between the parties, then Lucky’s may give notice to the Supplier that it has rejected the Goods and the Supplier must immediately, at its cost, arrange for the collection of the Goods.

10. INDEMNITY: The Supplier indemnifies Lucky’s against any liability, loss, cost or damage suffered or incurred by Lucky’s as a direct result of the Supplier’s failure to adhere to these terms and any other agreement in relation to the supply of the Goods.

11. WORKING CONDITIONS: The Supplier acknowledges and agrees that in the production or supply of any products or services to Lucky’s the Supplier will ensure the safety of Lucky’s staff ensuring the products do not contain hazards, waste chemical or dangerous items that may impact on the Health of Lucky’s staff.

12. MICELLANEOUS: These terms may be varied by Lucky’s without notice.

These terms are governed by the laws of the state or territory where the contract for the supply of the Goods between the Supplier and Lucky’s is formed, and the Supplier irrevocably submits to the nonexclusive jurisdiction of the courts of that state or territory.

The failure of Lucky’s to enforce any of the terms of any time or for any period of the time does not affect its rights to later enforce the same.

Any provision of these terms which is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability and may be severed from the terms. This will not invalidate the balance of the terms nor affect the validity or enforceability of the provision in any other jurisdiction.