Terms and Conditions

Freudenberg Filtration Technologies (Aust) Pty Ltd

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DEFINITIONS

In these Terms:

“ACL” means the Australian Consumer Law;

"Agreement" means any agreement entered into or request for the
provision of goods or services by FFT to the Customer, including but not
limited to any Orders submitted or any credit application made by the
Customer to FFT or these Terms;

"Anticipated Delivery Date" anticipated date for delivery and
installation of the goods and completion of the services specified in a
Quotation;

"Customer" means a person, firm or corporation, jointly and severally if
there is more than one, acquiring goods or services from FFT;
"FFT" means Freudenberg Filtration Technologies (Aust) Pty Ltd (ACN
006 243 447) trading as “FFT” from 69 Malcolm Rd, Braeside Victoria
3195;

"Goods and Services" means the services provided by FFT to the
Customer including but not limited to air and liquid filters and filtration
systems by FFT to the Customer as described in a Quotation or invoice;

"GST" means the Goods and Services tax as defined in A New Tax
System (Goods and Services Tax) Act 1999 as amended;

“INCO Terms 2010” means the International Commercial Terms
published by the International Chamber of Commerce that are widely
used in International commercial transactions or procurement processes;

"Intellectual Property" means all copyright, trademarks, designs,
specifications, drawings, confidential information (whether registrable or
not) owned or licensed by FFT in respect of the goods (including but not
limited to their components, casings and ancillary parts) and services, or
their installation, operation, location or design;

“Order” means the acceptance by the Customer of a quotation or
invoice provided by FFT to the Customer concerning the proposed
supply of goods or services, whether by written, verbal, electronic or
other means;

“PPSA” means the Personal Property Securities Act 2009;

"Price List" means any price list issued by FFT from time to time in
relation to the price payable for the goods or services;

"Quotation" means any written quotation or estimate provided by FFT
to the Customer concerning the proposed supply of goods or services;

"Site" means the site where the goods are to be delivered and installed;
and "Terms" means these Terms and Conditions.


1. BASIS OF AGREEMENT AND ORDERS

1.1 Unless otherwise agreed by FFT in writing, these Terms apply
exclusively to every supply of goods and services by FFT to
the Customer and cannot be varied, altered or replaced by any
other terms, including the Customer’s terms and conditions of
purchase (if any) and shall prevail to the extent of any
inconsistency any other terms, unless expressly agreed by the
parties in writing.
1.2 Any Quotation provided by FFT to the Customer
concerning the proposed supply of goods or services
is:
(a) valid for 30 days;
(b) an invitation only to the Customer to place an
Order based upon that Quotation; and
(c) subject to the Customer entering into and
accepting this Agreement and accepting these
Terms.
1.3 The Terms may include additional terms in FFT’s Quotation.
The specific terms of the Quotation will prevail over these
Terms to the extent of any inconsistency.
1.4 The Agreement is accepted by the Customer upon the earlier
of:
(a) FFT receiving a copy of the Terms signed by the
Customer; or
(b) FFT confirming its acceptance of an Order from the
Customer; or
(c) FFT providing the Customer with the goods or
services ordered by the Customer.
1.5 FFT in its absolute discretion may refuse to accept any Order.
1.6 It is the Customer’s responsibility to provide FFT with its
specific requirements in relation to the goods or services.
1.7 FFT may vary these Terms by written notice to the Customer at
any time. Any variations will apply to orders placed by the
Customer after the date of notice.


2. PRICING

2.1 All prices are quoted in Australian Dollars unless otherwise
stated.
2.2 Unless otherwise agreed in writing, prices specified whether by
Quotation, verbally or in a Price List, for the supply of the
goods and services excludes taxes, duties or imposts,
including import levies and duties, on or in relation to the goods
and services, including, without limitation GST.
2.3 Whether or not the cost of shipment, freight, delivery,
insurance and other charges arising from the point of dispatch
of the goods from FFT’s storage facility/factory to the
Customer’s Site and applicable INCO terms applicable and
payable by the Customer in accordance with FFT’s Quotation.
2.4 The Customer must pay to FFT any amounts specified in
clauses 2.2 and 2.3 in addition to payment of the price of
goods or services.


3. PRICING VARIATIONS

3.1 If the Customer requests any variation to the Order placed,
FFT may, in its discretion:
(a) increase the price to account for the variation, or
(b) provide a revised Quotation for the goods or
services.
3.2 Where:
(a) the Customer requests or requires a different
goods or services to those initially specified; or
(b) the Customer fails to give FFT adequate
instructions or unreasonably delays in the provision
of instructions
then FFT may vary its price to take account of any such
changes, by notifying the Customer before providing the goods
and services.


4. PAYMENT

4.1 Payment for the goods and services must be made by the
Customer to FFT as provided in the Quotation.
4.2 Time for payment is of the essence. Payment must be made
to FFT without any deduction, withholding or set-off by the
Customer or any other person.
Payment must be made by cash, cheque, bank cheque or
electronic transfer or credit card. Payment will not be deemed
to be made until cleared funds are received by FFT.


5. PAYMENT DEFAULT

5.1 If the Customer defaults in payment by the due date of any
amount payable to FFT, then all money which would become
payable by the Customer to FFT at a later date on any
account, may at the sole discretion of FFT, become
immediately due and payable without notice to the Customer,
and FFT may (without prejudice to any other remedy available
to it):
(a) charge the Customer interest on any sum due at
the prevailing rate pursuant to the Supreme Court
of Victoria for the period from the due date until the
date of payment in full;
(b) charge the Customer for, and the Customer must
indemnify FFT from, all costs and expenses
(including without limitation all legal costs on a
solicitor own client basis and expenses) incurred by
FFT resulting from the default in taking action to
enforce compliance with the Terms, to recover any
goods, to enforce, protect or maintain its Security
Interest in the goods or to recover any sum due;
(c) cease or suspend for such period as FFT thinks fit,
supply of any further goods or services to the
Customer;
(d) by written notice to the Customer, terminate any
contract with the Customer to the extent that it is
not performed by FFT;
without liability or any effect on FFT’s accrued rights under any
Agreement.
5.2 Clauses 5.1(c) and (d) may also be relied upon, at FFT’s
option:
(a) where the Customer is an individual and becomes
bankrupt or enters into any scheme of arrangement
or any assignment or composition with or for the
benefit of his or her creditors or any class of his or
her creditors generally; or
(b) where the Customer is a corporation and enters
into any scheme of arrangement or any assignment
or composition with or for the benefit of its creditors
or any class of its creditors generally, or has a
liquidator, administrator or similar functionary
appointed.


6. PASSING OF PROPERTY

6.1 Until FFT receives full payment in cleared funds for all goods
and services supplied by it to the Customer, as well as all other
amounts owing to FFT by the Customer:
(a) title and property in all goods remains vested in
FFT and does not pass to the Customer;
(b) the Customer must hold the goods as fiduciary
bailee and agent for FFT;
(c) the Customer is required to hold the proceeds of
any sale of the goods on trust for FFT in a separate
account, however, failure to do so will not affect the
Customer's obligation to deal with the proceeds as
trustee; and
(d) FFT may without notice, enter any premises where
it suspects the goods may be and take possession
of the goods, dismantle, detach and remove them
(notwithstanding that the goods may have been
attached to other goods not the property of FFT),
and for this purpose the Customer irrevocably
licences FFT to enter such premises and also
indemnifies FFT from and against all costs, claims,
demands or actions by any party arising from such
action;
6.2 In addition to any rights FFT may have under Chapter 4 of the
PPSA, until payment of all and any amounts owing by the
Customer to FFT are received:
(a) the Customer will keep the goods separate and
identifiable as goods of FFT, until FFT has received
payment in full and any other obligations owed by
the Customer to FFT are met;
(b) FFT may give notice to the Customer to return the
goods to FFT. Upon receipt of such or upon such
notice being given, any rights of the Customer to
obtain ownership or any other interest in the goods
will cease and risk of the goods will pass to FFT
only upon the acceptance of delivery of the
returned goods by FFT;
(c) the Customer will not encumber or charge the
goods or register any Security Interest or permit
any other person to register a Security Interest in
the goods or grant or otherwise give any interest in
the goods whilst the goods remain the property of
FFT;
(d) if there is any inconsistency between FFT’s rights
under this clause 6 and its rights under Chapter 4
of the PPSA, this clause 6 prevails; and
(e) any difference or loss incurred by FFT in respect of
the value of any re-possessed goods will be
recoverable by FFT from the Customer in addition
to any amounts owing by the Customer to FFT.


7. PERSONAL PROPERTIES SECURITIES ACT

7.1 The Customer acknowledges and agrees that this Agreement
is the accepted and adopted security agreement between the
parties. Unless otherwise stated, a term contained in this
Agreement that is defined in the PPSA (but not otherwise
defined in this Agreement) has the meaning given to it in the
PPSA.
7.2 The Customer acknowledges and agrees that this Agreement
creates and that FFT has a Security Interest for the purposes
of the PPSA in all goods supplied and for all monies owing
under all FFT invoices and any proceeds previously supplied
or that will be supplied in the future by FFT to the Customer,
including but not limited to the lease of any goods by FFT to
the Customer.
7.3 The Customer acknowledges and agrees that this Security
Interest is registrable in the Personal Property Securities
Register and this Security Interest secures all moneys owing
by the Customer to FFT under all invoices, this Agreement or
otherwise.
7.4 The Customer grants to FFT where and when applicable, a
purchase money Security Interest (PMSI) to the extent that it
secures payment of all amounts owing under all invoices in
relation to all goods supplied by FFT in accordance with, and
to the extent prescribed by, section 14 of the PPSA.
7.5 The Customer acknowledges and agrees the Security Interest
is a continuing and subsisting interest in the goods with priority
over any registered or unregistered general (or other) Security
Interest and any unsecured creditor.
7.6 The Customer acknowledges that the Security Interest over the
goods or their proceeds arising under this clause 7 is a PMSI
under the PPSA to the extent that it secures payment of the
amounts owing in relation to the goods.
7.7 The Customer will do everything reasonably required of it by
FFT to enable FFT to register its Security Interest with the
priority FFT requires and to maintain those registrations
including:
(a) signing any documents and/or providing any
information which FFT may reasonably require to
register a financing statement or a financing change
statement in relation to a Security Interest; or
(b) correcting a defect in a statement referred to in clause
7.7(a).
7.8 The Security Interests arising under this clause 7 will be
perfected by FFT prior to or when the Customer obtains
possession of the goods and the parties confirm they have not
agreed that any Security Interest arising under this clause 8
attaches at any later time.
7.9 FFT does not need to give the Customer any notice under the
PPSA (including notice of the financing statement or
verification statement) unless the notice is required by the
PPSA and that requirement cannot be excluded.
7.10 If Chapter 4 of the PPSA would otherwise apply to the
enforcement of the Security Interests created under this
Agreement, the Buyer agrees that sections 95, 96, 120, 121(4),
123, 125, 128, 129, 130, 132(3)(d), 132(4), 134(1), 135, 142
and 143 of the PPSA will not apply to the enforcement of the
Security Interest(s).
7.11 The Customer agrees to keep and maintain all goods free of
any charge, lien, or Security Interest except as created under
this Agreement and not otherwise to deal with the goods in a
way that will, or may, prejudice the rights of FFT under this
Agreement or the PPSA.
7.12 The Customer irrevocably grants to FFT the right to enter any
premises or property of the Customer without notice, and
without being in any way liable to the Customer or any other
person, if FFT has cause to exercise any of its rights under the
PPSA, and the Customer agrees to indemnify FFT against any
such liability.
7.13 The Customer must notify FFT immediately in writing if the
Customer changes its name and address for service, contact
details or if there are any changes to data required to register a
financing statement under the PPSA in respect of this
Agreement.


8. RISK AND INSURANCE

8.1 Unless otherwise agreed in writing or set out in the terms
contained in the Quotation, the risk in the goods and all
insurance responsibility for theft, damage or otherwise in
respect of the goods will pass to the Customer on an ex-works
basis in accordance with the INCO Terms 2010.
8.2 The Customer assumes all risk and liability for loss, damage or
injury to persons or to property of the Customer, or third parties
arising out of the use or possession of any of the goods or
services supplied by FFT.
8.3 The Customer indemnifies FFT in respect of any loss, claim,
action or damage arising out of any of the matters referred to in
this clause 8.


9. CUSTOMER'S OBLIGATIONS

9.1 The Customer is responsible for ensuring the accuracy of any
specifications and requirements in respect of the goods and
services and for giving FFT any necessary information relating
to the goods and services within a reasonable time.
9.2 The Customer must:
(a) ensure that the Site is available to and accessible
by FFT and its servants or agents by the
Anticipated Delivery Date specified in the Quotation
to enable delivery and installation of the goods; and
(b) ensure that it has suitable protection and insurance
for the goods from the time of delivery.


10. DELIVERY AND INSTALLATION

10.1 FFT will arrange for the delivery of the goods to the Customer,
at the Customer's cost and delivery of the goods will be
deemed to have occurred at upon delivery of the goods to the
Site.
10.2 Any period or date for delivery of goods or provision of services
stated by FFT is intended as an estimate only and is not a
contractual commitment. FFT will use its reasonable
endeavours to meet any estimated dates for delivery of the
goods or completion of the services and the Customer
indemnifies FFT from any costs, losses, expenses, claims or
actions arising out of any such delay.


11. LIABILITY

11.1 Except as specifically set out in these Terms, or contained in
any warranty statement provided with the goods or services,
any term, condition, warranty or consumer guarantee in
respect of the goods or services, whether implied by statute,
common law, trade usage, custom or otherwise, is hereby
expressly excluded to the maximum extent permitted by law.
11.2 Repair or replacement of the goods, or part of the goods, or resupply
of the services is the absolute limit of FFT’s liability
howsoever arising under or in connection with the sale, use of,
storage or any other dealings with the goods or services by the
Customer or any third party to the maximum extent permitted
by law.
11.3 FFT is not liable for:
(a) any indirect or consequential losses or expenses
suffered by the Customer or any third party,
however caused, including but not limited to loss of
turnover, profits, business or goodwill or any
liability to any other party; or
(b) any loss or damage suffered by the Customer or
any third party where FFT has failed to deliver
goods or services or fails meet any delivery date or
cancels or suspends the supply of goods or
services; and
11.4 Nothing in the Terms is to be interpreted as excluding,
restricting or modifying the application of any State or Federal
legislation applicable to the sale of goods or supply of services
which cannot be so excluded, restricted or modified.


12. VARIATION AND CANCELLATION

12.1 If, through circumstances beyond FFT’s control, FFT is unable
to provide the goods or services, then FFT may, by written
notice to the Customer and without any liability to the
Customer:
(a) make changes to the goods and services supplied,
provided that the end performance of the goods or
services is not materially prejudiced; or
(b) cancel any Order (even if it has already been
accepted).
12.2 No purported cancellation or suspension of an Order by the
Customer is binding on FFT after that Order has been
accepted.
12.3 The Customer shall be liable for any costs incurred or arising
out of any variation made by the Customer to an Order that
has been accepted by FFT, including but not limited to freight
and the cost of additional or replacement goods.
12.4 Without limiting the generality of this clause 12, if goods or
services are supplied by FFT in accordance with any particular
drawings, designs, specifications or instructions provided by
the Customer (“Custom Order”), and the Customer wishes to
vary or cancel the Custom Order, then subject to clause 12.3:
(a) If FFT has not yet commenced production of the
Custom Order, cancellation or variation of same
will not be subject to any additional fee or charge;
(b) If production of the Custom Order has commenced
and the Customer wishes to cancel the Custom
Order, the Customer agrees to pay the full cost of
the Custom Order goods and a cancellation fee set
by FFT in its discretion;
(c) If production of the Custom Order has commenced
and the Customer wishes to vary the Custom
Order, the Customer will unconditionally indemnify
FFT from and against any losses, costs, liability, or
expenses arising out of the variation of the Custom
Order in addition to paying a variation fee set by
FFT in its absolute discretion.


13. WARRANTY

13.1 FFT offers a limited warranty for its goods and services against
defects and workmanship and materials, subject to the
limitations and exclusions set out in this warranty which is
given subject to and in addition to other rights and remedies
the Customer has under any law in relation to the goods to
which this warranty relates, including but not limited to the
rights provided by the ACL. This warranty does not limit or
restrict the Customer’s rights.
13.2 Where the ACL applies, the goods and services come with
guarantees that cannot be excluded under the ACL. The
Customer is entitled to replacement or a refund for a major
failure and for compensation for any other foreseeable loss or
damage. The Customer is 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.
13.3 FFT warrants that, subject to the exclusions and limitations set
out in these Terms, the goods and services provided by FFT
will be free from defects in materials and workmanship under
normal usage ("Warranty"), for the period within twelve (12)
months of the date that the goods are delivered to Site by FFT
("Warranty Period"). Products manufactured or supplied by
any other party will be subject to their own manufacturer’s
warranties and warranty periods.
13.4 To the maximum extent permitted by law, this
Warranty does not cover
(a) products packaged or labelled by someone other
than FFT or its authorised agents;
(b) products not used in compliance with the
specifications or goods not cared for or used,
serviced or maintained in accordance with the
product manuals, instructions or training provided
by FFT;
(c) defects due to misuse, alteration, unauthorised
repair or negligent handling, or defects due to lack
of care neglect or accident by the Customer, or
servant or agent of the Customer, including but not
limited to storage, handling or cleaning of the
goods;
(d) personal injury, property damage, consequential or
economic loss, however caused;
(e) modification, repair or service of the goods by
someone other than FFT; or
(f) goods that have been subject to abnormal
conditions, whether of temperature, water,
humidity, pressure, stress or similar.
13.5 To the maximum extent permitted by law and other than the
Warranty stated above, FFT makes no representations or
warranties of any kind whatsoever express or implied in
respect of the goods and services.
13.6 All Warranty claims must be made within the Warranty Period.
13.7 If a defect appears in the goods or services before the end of
the Warranty Period and FFT finds the goods or services to be
defective in materials or workmanship, FFT will, in its sole
discretion, either:
(a) replace or repair the goods or the defective part of
the goods free of charge;
(b) cause the goods or the defective part of the goods
to be repaired or replaced free of charge;
(c) re-supply the services or part of the services; or
(d) refund the purchase price of the goods or services
to the Customer.
13.8 If a fault covered by this Warranty occurs, the Customer must
notify FFT in writing of the fault, including details of the nature
of the warranty claim and the purchase order number. FFT will
contact the Customer and, where possible, assess the claim
over the telephone and otherwise investigate the Claim to
determine whether the Warranty applies.
13.9 Provided that a claim is made within the Warranty Period and
the Warranty applies, all direct costs associated with labour
and replacement parts will be borne by FFT. FFT may, in its
sole discretion:
(a) choose to have the goods returned to FFT for any
warranty repair, with the costs of transport borne by
FFT; or
(b) choose to travel to the Customer’s Site to effect
warranty repairs, with the cost of travel to be borne
by FFT.
13.10 Where a valid warranty claim is made by the Customer in
accordance with these Terms and it is accepted by FFT the
cost of repaired or replaced goods or services and all labour
associated with same will be borne by FFT.
13.11 Where FFT incurs costs in investigating a warranty claim that is
ultimately deemed by FFT not to be valid, the Customer shall
be liable to reimburse FFT for all such costs incurred by FFT.
13.12 The Warranty is limited to defects in the materials or
workmanship of the goods or services and does not cover
expendable parts, consumable items or the replacement of
parts due to fair wear and tear.
13.13 This warranty is in addition to any statutory warranties available
to the Customer that cannot be excluded.


14. RETURNS

14.1 Subject to the ACL and to clause 15.3, FFT will not be liable for
any defects, shortages, damage or non-compliance with the
specifications in the Agreement unless:
(a) the Customer notifies FFT with full details as soon
as practicable after delivery specifying the shortage
or defect; and
(b) FFT is given the opportunity to inspect the goods
and services and investigate the complaint before
any further dealing.
14.2 If the Customer fails to give the notice as required in clause
15.1, it is deemed to have accepted the goods and services
and will be bound to pay for them.
14.3 Where FFT accepts any claim for shortages, damage or noncompliance
with the Agreement, FFT’s liability will be limited to
a remedy of, at its option, repair or replace the goods, resupply
the services, or refund the price of the goods or
services.
14.4 FFT will not, under any circumstances, accept goods
for return that:
(a) are damaged due to not being stored or handled in
accordance with FFT instructions or any legislative
requirements; or
(b) have been altered in any way without authorisation
from FFT.
14.5 The Customer must obtain FFT’s prior written approval for the
return of goods and pay all freight charges associated with
return.
14.6 The Customer must return the goods in new condition together
with proof of purchase and original packaging, where possible.
14.7 FFT may, in its absolute discretion, accept the return of any
goods for credit within 14 days of delivery or otherwise within a
reasonable time from delivery.


15. INTELLECTUAL PROPERTY & SPECIFICATIONS

15.1 The Customer acknowledges that it has no proprietary right or
interest in the Intellectual Property.
15.2 The Customer must not register or record or attempt to register
or record the Intellectual Property or any derivative works in
respect of same including but not limited to any amendment,
modification or improvement thereof or part thereof, or
anything similar to it, or aid or abet anyone else to do so.
15.3 Any Intellectual Property provided to the Customer by FFT
remains FFT’s exclusive property and must be returned to FFT
on demand (as applicable) and must not be copied or
communicated to any third party without FFT’s express written
consent.
15.4 The Customer must not at any time (and must not direct any
other party to) create, sell, manufacture or process any goods
or services using or taking advantage of the Intellectual
Property without FFT’s prior written consent.
15.5 If goods and services are supplied in accordance with any
particular drawings, designs, specifications or instructions
provided by the Customer, then the Customer agrees to
indemnify FFT from and against any losses, expenses, claims,
demands or actions awarded against or incurred by FFT in
connection with any third party claim for infringement of any
intellectual property rights.

16. FORCE MAJEURE

16.1 FFT shall have no liability whatsoever under these Terms to
the extent that such fulfilment is prevented by circumstances
beyond its reasonable control, including but not limited to:
(a) industrial disputes, strikes, lockouts;
(b) accident or breakdown;
(c) import or export restrictions and embargoes;
(d) act of God, explosion, flood, tempest or fire;
(e) act of terrorism, act of war, sabotage, insurrection,
civil disobedience or requisition;
(f) difficulties in obtaining raw materials, labour, fuel,
parts or machinery.
16.2 If an event of force majeure occurs, FFT may terminate the
Agreement by written notice to the Customer without any
liability for any costs, damages, loss or claims suffered by the
Customer arising out of such termination.

17. MISCELLANEOUS

17.1 The laws of Victoria from time to time governs the
Terms.
17.2 Failure by FFT to enforce any of these Terms shall not be
construed as a waiver of any of FFT’s rights.
17.3 If any of the Terms are unenforceable it must be read down so
as to be enforceable or, if it cannot be so read down, the term
must be severed from these Terms without affecting the
enforceability of the remaining terms.


18. CREDIT REPORTING

18.1 The Customer consents to FFT obtaining credit information
about the Customer and providing a credit report in relation to
the Customer or exchanging credit information about the
Customer to third parties for the purposes of providing goods
and services to the Customer in accordance with these Terms.


19. PRIVACY AND FINANCIAL INFORMATION

19.1 The Customer acknowledges and consents to the use by FFT
and its employees, officers and agents of its personal and
financial information for the purposes of:
(a) the supply of goods and services to the Customer;
(b) assessing and approving any credit application of
the Customer;
(c) obtaining reports in relation to any application for
credit or the Customer’s credit history; or
(d) general marketing purposes and otherwise in
accordance with the FFT’s privacy policy from time
to time, which is available upon request
19.2 Other than in the circumstances allowed under the
relevant privacy laws or its privacy policy, FFT will not
disclose the Customer’s personal information to other
parties. The Customer may contact FFT’s privacy
officer at any time to access or change any personal
information provided to FFT by calling +61 39587
9488.
19.3 The Customer will provide any and all necessary instructions
and/or authorities required by FFT’s accountants, debtor
insurers and bankers to enable FFT to make investigations
from time to time into the Customer’s trading and financial
position.
19.4 The Customer’s details, including its purchases will be added
to FFT’s database and will be used by FFT:
(a) to identify the Customer;
(b) to assist in providing goods and services to the
Customer, including but not limited to the
processing of any application for or granting of
credit and the management and administration of
those services;
(c) to provide the Customer with information about the
goods in undertaking risk assessment
management and in gathering data and disclosing
data to third parties such as
(i) Insurance brokers and insurers;
(ii) Credit reporting agencies; and
(iii) Financial institutions; and
(d) for the purposes of providing promotional or
marketing information to the Customer in relation to
the goods and services provided by FFT.


The Customer hereby acknowledges and agrees that it has read and understood these Terms and Conditions and that it understands that any orders placed by it from the below date will be supplied subject to these Terms and Conditions.