Pricing
Unless otherwise agreed in writing, the price charged for the Goods shall be the price ruling as determined by Elite Chemicals at the date of delivery. Any price indications or price lists are subject to alteration in accordance with the price ruling at this date.

Prices quoted are offered on the following basis:-

• Brisbane, Ipswich & Gold Coast - Free into Store
• Orders placed with our Brisbane office for delivery to country centre - Free on Transport/Rail
• Orders placed with our Cairns, Townsville and Rockhampton Depot for local delivery - Free into Store
• Orders placed with our Cairns, Townsville and Rockhampton Depots for supply to other areas - Free on Transport/Rail
• Coffs Harbour & Environs - Free into Store
• Adelaide & Environs - Free into Store

Delivery
Elite Chemicals will make all reasonable efforts to have the Goods delivered to the Buyer on the date agreed between the parties as the Quoted date but Elite Chemicals shall be under no liability whatsoever should a delivery not be made on this date.

Payment Terms (Australia)
Our terms of Payment are Net 30 days.

Payment Terms (International)
Elite Chemicals reserves the right to negotiate Terms of Payment with International Buyers.

Payment and Default
a) Subject to sub-clause © hereof, and unless otherwise agreed in writing all accounts shall be payable within 30 days of delivery, or as otherwise identified on any statement of account issued by Elite Chemicals.
b) I any of the events set out in (I) to (v) below occur, Elite Chemicals may at is option withhold further deliveries or cancel the Contract without notice to the buyer and without prejudice to any other action or remedy which Elite Chemical has or might otherwise have had, and all moneys owing and outstanding to Elite Chemicals on any account whatsoever and irrespective of whether the due date on any statement of account has occurred or passed shall become immediately due any payable.

i) The Buyer makes default in any payments is unable or states that it unable to pay its debts as and when they fall due;
ii) The Buyer being an individual commits an act of bankruptcy or has a controller or trustee appointed in respect of the Buyer's estate or any part of the Buyer's property or assets;
iii) The Buyer being a company passes a resolution for its winding up or enters into liquidation or has an application for winding up filed against it;
iv) A receiver, receiver and manager, controller or voluntary administrator is appointed over any part of the property or assets of the buyer;
v) The Buyer experiences any analogous event having substantially similar effect to any other events specified above.

c) Notwithstanding sub-clause (a) hereof Elite Chemicals may at all times in its sole and unfettered discretion without being under any duty or obligation to assign reasons therefore review, alter or terminate the Buyer's credit limit or payment terms without notice. Without limiting the generality of the foregoing, the decision of Elite Chemicals shall be final and Elite Chemicals accepts no liability or responsibility for any loss, howsoever arising, incurred by the Buyer due to the operation of this condition.

Statutory Provision
These terms and conditions:
a) shall be subject to the provision of the Trade Practices Act 1974, any statutory amendment or re-enactment thereof for the time being in force and any other relevant and applicable State and/or Commonwealth legislation's (the Statutory Provision);
b) unless Elite Chemicals otherwise agrees in writing, these are the only terms and conditions of sale to which Elite Chemicals will be bound and the buyer agrees that these terms and conditions will in all circumstances prevail over the Buyer's terms and conditions of purchase (if any); and
c) supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the Goods including, but not limited to, those relating to the performance of the Goods or the results that ought to be expected from using the Goods.

Warranties
Subject to the Statutory Provisions:
a) Elite Chemicals warrants that the Goods supplied are of merchantable quality;
b) Elite Chemicals liability for breach of condition or warranty implied into this Contract by the Statutory Provisions (other than a condition implied by section 69 of the Trade Practices Act) is limited to any one of the following as determined by Elite Chemicals;

i) The replacement of the Goods or the supply of equivalent Goods;
ii) The repair of the Goods or payment of the cost of having the Goods repaired; or
iii) The refund of the price paid by the Buyer for the Goods

The Buyer will examine the Goods for defects and shall notify Elite Chemicals of any defects in writing within 14 days of delivery. If the Buyer does not notify Elite Chemicals within 14 days of delivery the Buyer shall be deemed to have accepted the Goods as being or merchantable quality and free of defects.

Risk
a) Unless otherwise agreed in writing, all risk in and to the Goods purchased shall pass to the Buyer upon delivery to the Buyer or his agent or to a carrier commissioned by the Buyer.
b) Without in any way limiting the operation of the foregoing, upon delivery of the Goods to the buyer or his agent or to a carrier commissioned by the Buyer covenants and warrants to Elite Chemicals that in the storage and handling of the Goods, the Buyer shall comply with all relevant environmental laws and regulations, and does or on the acquisition of the Goods will possess and comply with all necessary and/or relevant permits or LICENCES pertaining to the storing and handling of the Goods, and the Buyer shall ensure that the Buyer is familiar with and adheres to all the necessary and appropriate precautions and safety measure relating to the storing and handling of the Goods.

Containers
Containers in which Goods are delivered and for which a deposit charge is made remain the property of Elite Chemicals and must not be used for any other commodity than that contained therein at the time of delivery. On their return in good order and condition by the Buyer and at the Buyer's expense, to the factory or store of Elite Chemicals from which the Goods were delivered, the full amount of the deposit will be repaid to the Buyer. Containers will be deemed to be still in the buyer's hands until received at such factory or store. In the case of container which are received at a factory or store of Elite Chemicals otherwise than in good order and condition, only such part of the deposit as in the opinion of Elite Chemicals is reasonable, having regard to their actual condition, will be allowed to the Buyer.

Material Safety Data Sheets
If you require M.S.D.S. information for any product sold by Elite Chemicals, please request it at the time of ordering. We offer M.S.D.S. information on all our products.

Return of Goods
No claims for credit will be recognised unless they are officially lodged in writing within 14 days from acceptance of delivery.