Sevaan Manufacturing General Terms & Conditions

Sevaan Manufacturing General Terms & Conditions

1. GENERAL
All orders for products will be considered binding only upon written confirmation from Sevaan Manufacturing (ABN 33 147 462 860) which is subsidiary of Sevaan Group Pty Ltd (ACN 147 462 860).

Acceptance of an order signifies agreement to these terms and conditions, unless otherwise specified in a written contract signed by both parties.

Electronic signatures and digital communication (e.g., email confirmations) are accepted as a binding method of order acceptance, provided the communication originates from an official Sevaan Manufacturing channel.

Any person, entity or corporation placing orders for goods/products with Sevaan Manufacturing (“Customer”) is bound by these terms and conditions. No other terms or conditions will apply to the supply of products by Sevaan Manufacturing unless they are accepted in writing by Sevaan Manufacturing.

2.  SPECIAL TERMS & CONDITIONS
The General conditions of sale will apply to all offers and commercial transactions between Sevaan Manufacturing and the customer unless ‘Special Terms & Conditions” apply which may be inserted subject to prior agreement between both parties; in which case the special terms and conditions will take precedence over the General Terms & Conditions.

3. QUOTATIONS/PRICES
Any prices quoted in writing by Sevaan Manufacturing will be valid for a period of Thirty (30) days from the date of the offer. The total price on the quotation excludes goods and services tax (GST) and upon invoice, this will be added to the total invoice price and the customer must pay this within the terms of this agreement.

In cases of significant price fluctuation in raw materials (exceeding 10% of the quoted price), Sevaan Manufacturing reserves the right to adjust the quoted price accordingly. The customer will be notified in writing of any price adjustments within thirty (30) days of order acceptance, allowing for confirmation or cancellation of the order.

4. PAYMENT
All customers must complete a Credit application for 30 day Credit Account before placing any orders with Sevaan Manufacturing. Sevaan Manufacturing shall obtain personal information about the customer from other credit providers, whose names will be provided to Sevaan Manufacturing, for the purpose of assessing the customer’s credit application for commercial credit applied to Sevaan Manufacturing.

For approved account Customers payment shall be due no later than Thirty (30 days) from the end of the month (“the due date”) in which the products are invoiced, without any adjustment or deductions whatsoever.

Sevaan Manufacturing prefers that payments be made through online banking or approved digital payment platforms, as specified by the company. Customers will receive the necessary payment details once their accounts are approved. Additionally, bank cheques, postal orders, and company cheques are accepted, provided they are made out to Sevaan Manufacturing and crossed.

If the Customer fails to make the payment by the due date then, without prejudice to any other right or remedy, Sevaan Manufacturing shall be entitled to cancel any unfilled order or suspend any further deliveries until the outstanding account is met, withdraw credit facilities or adjust the Customer’s credit limit. Sevaan Manufacturing shall be entitled to charge interest on overdue payments at a rate of 5% per annum or 3% above the Reserve Bank of Australia’s cash rate at the time the payment becomes overdue, whichever is higher. If legal action is commenced to recover monies due to Sevaan Manufacturing cost of such action shall be met by the customer on an indemnity basis.

5. DELIVERY
Standard terms are Net Ex Works – or delivery to customer site at current standard rates (as per quotation)

6. MINIMUM ORDER VALUE
A minimum order value of $250.00 (ex Gst) will apply to all orders

7. ORDERS
All orders must be accompanied by a valid Sevaan Manufacturing quotation number-Orders placed without a valid Sevaan quotation number will be returned to the customer -All quotations are based upon a minimum manufactured quantity as shown in the Sevaan Manufacturing quotation- Customer orders with lower quantities than shown in the quotation will need to be re quoted accordingly.

Sevaan Manufacturing reserves the right to decline to trade with any company or person. To avoid duplication, written confirmation of telephone orders must be clearly marked “Confirmation only”.

Sevaan Manufacturing will not accept liability for orders not so marked and duplicate orders will be charged accordingly. Production lead time is typically three (3) to six (6) weeks from the date of order confirmation. Lead times may vary based on material availability, order volume, and global supply chain conditions. Sevaan Manufacturing will keep the customer informed of any anticipated delays. Sevaan Manufacturing will use its all reasonable endeavors to meet delivery estimates but in no circumstances shall it be liable to compensate the Customer for non-delivery or late delivery.

Orders received by Sevaan Manufacturing and entered into Sevaan Manufacturing can only be amended/varied, suspended in writing within a period of FIVE working days (5) days from the date of order subject to prior negotiation and agreement with Sevaan Manufacturing -and may be subject to re quotation. Any Customer changes to orders received after 5 working days will be subject to a charge of 2% of the total order value.

8. TITLE
Title in goods will pass from Sevaan Manufacturing to the Customer upon 100% payment of invoice

9. RISK
For goods collected by the customer or their designated carrier, risk transfers upon pickup at Sevaan Manufacturing’s premises. For goods dispatched by Sevaan Manufacturing’s carrier, risk transfers upon delivery to the carrier. Sevaan Manufacturing is not liable for loss or damage after risk transfer.

10. DELIVERY
In order to keep freight cost as low as possible, Sevaan Manufacturing has negotiated low freight rates based on high volume. Sevaan Manufacturing reserves the right to charge the freight cost to the Customer unless other arrangements have been pre-arranged bycustomer itself at its own cost. Sevaan Manufacturing uses these preferred carriers unless specifically requested by the Customer otherwise. If the Customer requests a specific carrier, Sevaan Manufacturing cannot guarantee access to the dispatch dock without prior notice. Where Sevaan Manufacturing is unable to supply a complete order with its own carrier then the freight charge will only apply to the original dispatch. All subsequent shipments to complete the order will be sent freight free by Sevaan Manufacturing.

11. INSPECTION, DEFECTS AND NON-DELIVERY
The customer must inspect the goods upon delivery, and any claims for defects or shortages must be made in writing to Sevaan Manufacturing within Seven (7) days of delivery. No liability will be accepted for claims made beyond this period.

In the case of non-delivery, the Customer must notify Sevaan Manufacturing immediately the invoice is received, otherwise no liability can be accepted. Any liability of Sevaan Manufacturing for non-delivery or defective products shall be limited to, at Sevaan Manufacturing’s discretion, replacing or repairing the products within a reasonable time or to refund any monies already paid in respect to the products.

12. WARRANTY
(a) Sevaan Manufacturing warrants that goods will be free from defects in materials and workmanship for a period of twelve (12) months from the delivery date, under normal use and conditions. This warranty covers only defects in manufacturing and materials.
(b) In relation to the goods the subject of an order for less than $40,000: Sevaan Manufacturing acknowledges that the goods come with guarantee that cannot be excluded under the Australian Consumer You are entitled to a replacement or refund for a major failure and for compensation for any other reasonable foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(c) Sevaan Manufacturing will investigate and determine, in its discretion, whether the goods and their components are
(d) The liability of Sevaan Manufacturing under this Condition is limited as detailed in clause 8 All other costs, including cartage and installation, must be paid by the purchaser.
(e) While the goods are in the custody of Sevaan Manufacturing for investigation or repair they will be at the risk of the purchaser and Sevaan Manufacturing will not be liable for any damage to the
(f) Sevaan Manufacturing will use its reasonable endeavors to obtain for the purchaser the benefit of any manufacturer’s warranty in respect of goods not manufactured by Sevaan Manufacturing.

13. LIABILITY & INDEMNITY
To the maximum extent permitted by law, the liability of Sevaan Manufacturing, however arising under a contract, is limited, at Sevaan Manufacturing’s option, to:
(a) The replacement or repair of the goods;
(b) The supply of equivalent goods; or
(c) The cost of replacing or repairing the goods or of acquiring equivalent
The purchaser agrees to release, hold harmless, and indemnify Sevaan Manufacturing from any liability, claims, or losses arising from unauthorized alterations or improper use of the goods by the purchaser or any third party.

14. INDIRECT LOSS
To the maximum extent permitted by law, Sevaan Manufacturing is not liable in any way for any indirect or consequential loss including loss of profit, revenue, reputation or opportunity, in contract, tort (including negligence) or otherwise arising in connection with a contract.

15. INSURANCE
Sevaan Manufacturing will not insure any deliveries unless instructed in writing by customer to do so. Any insurance charges so incurred will be charged to the customer.

16. LIABILITY
Sevaan Manufacturing shall not be liable to the Customer for any indirect or consequential damages, loss, expense or claims for consequential compensation whatsoever which arises out of or in connection with any Contract. To the fullest extent permitted by law, the Customer releases Sevaan Manufacturing and associated entities from and against all liability whatsoever for any injury, loss or damage sustained by the customer howsoever arising.

17. INTELLECTUAL PROPERTY RIGHTS
Any claim from the sale which may allege infringement of trademarks, trade names, patents, copy or property rights of other parties, shall be directed immediately by the customer to Sevaan Manufacturing and the customer will give every assistance to Sevaan Manufacturing in connection with such claim. The customer will not itself, deal with, or compromise any claim which may occur without the written consent of Sevaan Manufacturing.

Unless otherwise agreed in writing, Sevaan Manufacturing retains ownership of all intellectual property created in connection with custom products or proprietary designs, including design files and technical drawings. Customers are prohibited from reproducing or reverse-engineering custom-designed products without express written consent.

18. PRIVACY
Sevaan Manufacturing endeavors to protect your privacy by:
(a) Only collecting information from those with whom Sevaan Manufacturing deals which is necessary for our business to adequately service our
(b) Sevaan Manufacturing does not use any personal information Sevaan Manufacturing have collected for any other purposes without seeking the individual’s
(c) Sevaan Manufacturing will take reasonable steps to ensure personal information is accurate and complete by contacting our customers and updating our records on a year
(d) Personal information will not be disclosed to any organization or individual who has not given a commitment to deal with such information in a way, which is consistent with the National Privacy
(e) All information is securely held by the organization to prevent tampering, interference by outside sources or unauthorized use by employees or agents of the
(f) Individuals can access the information that our organization holds on them in accordance with the National Privacy
(g) If an individual believes the information Sevaan Manufacturing hold on them is not accurate they have the right to apply to the organization to have that information
(h) Sevaan Manufacturing in accordance to Privacy Act (1988) section 18K 1 (h), may obtain a consumer credit report about the customer from a credit reporting agency for the purpose of collecting overdue payments relating to commercial credit owed by Sevaan Manufacturing.
(i) Sevaan Manufacturing has the right to disclose information about the customer to any credit agency with regards to any overdue Prior notifications of such disclosure will be given to the customer.

19. FORCE MAJEURE
Sevaan Manufacturing will not be in breach of its contract with the customer for any delays in performing, or failure to perform, its obligations under these terms and conditions if delays or failure by Sevaan Manufacturing are due to any cause or circumstance beyond Sevaan’s reasonable control (which shall include, but not be limited to, government actions, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, labour disputes or the inability to obtain or a delay in obtaining supplies of products). Sevaan Manufacturing may, as its option delay the performance of, or cancel the whole or any part of a Contract.

20. RELATIONSHIP
During the term hereof, the relationship between Sevaan Manufacturing and the customer is that of vendor and purchaser. The customer, its agents, employees, and dealers, under no circumstances will be deemed to be agents or representatives of Sevaan Manufacturing, nor will any of them have the right to enter into any contracts or commitments in the name of Sevaan Manufacturing or otherwise to bind or commit Sevaan Manufacturing.

21. JURISDICTION
This agreement shall be governed by the law of New South Wales. The parties to submit all disputes to the exclusive jurisdiction of the courts of New South Wales, Australia.

22. DISPUTE
Both parties agree to try to resolve all issues of dispute amicably, based upon a dispute resolution process (a) Initial verbal notification to the relevant party, then (b) Specific dispute details given in writing or E-version within 14 days of the identification of an issue under dispute (c) Response to the claimed issue of dispute within 28 days of the identification of an issue under dispute. If after this process no resolution is achieved the matter would be referred to a mutually acceptable point of arbitration, who’s decision will be deemed final and not subject to further challenge.

23. PPSA
(a) Defined terms used in this clause 10 have the same meaning as given to them in the
(b) Sevaan Manufacturing and the purchaser acknowledge that a contract constitutes a security Agreement and gives rise to a Purchase Money Security Interest (PMSI) in favour of Sevaan Manufacturing over the goods supplied to the purchaser, as Grantor, pursuant to a contract, and over the Proceeds (including and sale monies or an account for such monies and insurance monies).
(c) The goods supplied or to be supplied under a contract fall within the PPSA classification of “other goods” acquired by the purchaser pursuant to these
(d) The purchaser acknowledges that Sevaan Manufacturing, as Secured Party, is entitled to register its interest in the goods supplied or to be supplied to the purchaser, as Grantor, under a contract on the PPSA Register as Collateral
(e) The purchaser waives its rights to any of the following under the PPSA:

(i) Receive notification of or a copy of any Verification Statement confirming of a Financing        Statement or a Financing Change Statement relating to a security Interest granted by the purchaser, as Grantor, to Sevaan Manufacturing;
(ii) Receive notice of removal of an Accession under section 95;
(iii) Receive notice of an intention to seize Collateral under section123;
(iv) Receive notice of disposal of Collateral under section 130;
(v) Receive a Statement of account if there is no disposal under section 130(4);
(vi) Receive notice of retention of Collateral under section 135;
(vii) Redeem Collateral under section 142;
(viii) Reinstate the Security Agreement under section 143;
(ix) Object to the purchase of the Collateral by the Secured Party under section 129;
(x) Receive a Statement of account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged

(f) The purchaser agrees that, to the extent permitted by law, nothing insection130 to 143 of the PPSA will apply to, or the Security under, these conditions