The tender of Sony Australia Limited products listed in this invoice (“the goods”) is made on the condition that acceptance of delivery of the goods by the customer or his agent (“the buyer”) shall constitute confirmation by the buyer of his acceptance of an offer made by Sony Australia Limited (“the seller”) to sell the goods upon the following conditions:
Legal and equitable title to all products supplied by the seller shall remain with the seller until all monies owed by the buyer have been paid to the seller in full. Where the seller has not been paid in full for any monies due, the buyer agrees to hold those goods as bailee and fiduciary for the seller and, subject to the buyer’s right to deal with the goods in the ordinary course of business, hold the proceeds of any such sale for the benefit of the seller.
2. PERSONAL PROPERTY SECURITY INTEREST
The buyer acknowledges and agrees that (a) Sony may register on the Personal Property Securities Register a security interest as granted by the buyer that is created, or deemed to be created, in connection with supplies made by Sony; (b) Sony may take, or require the buyer to take (in which case, the buyer must promptly at its own cost take), any action to ensure that each such security interest is enforceable, perfected, protected and afforded the priority ranking required by Sony; and (c) the buyer must not create or permit the creation or existence of any security interest or other interest benefitting a third party in goods supplied by Sony and in which Sony has, or deemed to have, a legal or beneficial interest or a security interest. The buyer waives its right to receive a copy of any verification statement in respect of a security interest registered in favour of Sony. The buyer must not change its name without giving SONY written notice at least 5 working days before the change takes effect.
3. PAYMENT TERMS
Terms of payment shall be strictly net 30 days from statement date. Should the buyer default in respect of any payment due to the seller, the seller shall have the right, in addition to all other rights which are herein given or which are covered by law, to charge interest on such unpaid amounts.
4. PRICE VARIATION
Provided always that this clause does not operate to prevent the implication of any term, condition, right, warranty or liability pursuant to the Trade Practices Act, or otherwise by law, no claim in reference any invoiced sale will be recognised unless such claim is made in writing within fourteen (14) days of the invoice date.
7. VARIATION OF CONDITIONS AND TERMS
No variation of these Conditions and Terms of Sale shall be binding unless the seller’s prior agreement in writing is obtained.