BtoB TRADING TERMS  -  (Within Australia)

                          Welcome to the Trade Section of our web site!

Surfsands is run “on the smell of an oily rag” with minimal overheads and, in order to “stay in the game”  these days; minimal profit margins.

BUT; there is nothing “minimal” about the range and depth of stock carried and in particular when it comes to Sapphires, Rubies and Opals.

As far as most of the other Gemstones that we carry are concerned; we can match current selling prices in Bangkok provided the quantity you require is significant, payment is COD, the quality of the Bangkok goods is comparable with ours and that we have in stock what specifically is required.

We are normally happy to accept the “current Bangkok price” as the price quoted by one company, but if that price seem to be abnormally low (perhaps due to dumping, product discontinuation or business closure), we may require prices quoted by other companies, as well.

Business is ultimately about making a profit… that’s why it is critical to know from where to source whatever a customer may want… or loose a sale!

For that purpose, you may like to print the Contact & Products Details page and keep it handy.

Below is “RECEIPT FOR GOODS ON CONSIGNMENT” which sets out our Terms & Conditions under which we supply goods on approval.

                              What WE can do for you… and YOU for us…

WE do not have a minimum quantity and/or value restriction on orders from our frequent/regular customers.

Our normal credit terms to approved customers is 30 days from date of invoice.

We may extend our terms to regular customers whom, for some reason that is relevant to the sale, would like longer terms.

In cases where we have not received, or approved an Application for Account, we can supply by COD or EFT to our bank account.

Although we do charge interest on overdue accounts; we do allow another 30 days grace period, to our regular customers, before interest is applied. The interest, when then applied, is calculated from the invoice’s Due Date.

We don’t have a fixed deadline for returning goods sent to you on approval.  

We recognise that it may not suit a manufacturer to make an instant decision or, if you are a retailer; that it can take many days for your customer to make it back to the store to inspect and decide on a product.

We normally won’t invoice you for goods sent to you on approval, until you advise us to… or, if the goods are not returned when requested by us.

We pay the postage when shipping to you; and

YOU pay the postage when returning approval goods back to us.

Pay invoices on time, else; phone us!    (Hassle free payments converts into hassle free supply… and the supply of goods is a business’ lifeblood!)

Fill in the Application for Account form and submit, fax or mail it.

To avoid having to wait for an Application to be checked, verified and approved sometime in the future and when goods may suddenly be required and time is of the essence, it may be a good idea to have the application processed beforehand.

And lastly; Please bear us in mind whenever you require any goods that we are likely to have.

For that purpose, one click on the Viking ship near the top right hand corner of each page will display many hundreds of photos which will provide you with a good understanding of the variety of goods we carry.

                            AGREEMENT  FOR  GOODS  ON  CONSIGNMENT

1.  In consideration of Surfsands Pty Ltd (the Consignor) delivering Goods on consignment to the Consignee (as described on the front of this note) the Consignee acknowledge receipt of the Goods and where the Consignee is a Trust, Company or Partnership the person(s) authorised to enter into this Agreement on behalf of such Trust, Company or Partnership agree to be personally liable to the Consignor for all out-of-pocket expenses and all other reasonable expenses including debt collection commission (as if the account had been collected) and any other contingent expenses and legal costs on a solicitor/own basis incurred by the Consignor for enforcement of obligations and recovery of moneys due from the Consignee to the Consignor.

2.  And it is further declared and agreed that the Goods are received for inspection only and are at the Consignee’s full risk until returned to the Consignor and the Goods must be returned to the Consignor on demand, in full and in its original condition and that the Consignor does not vest the Consignee with power to sell, pledge or otherwise dispose of the Goods or in any other case until notice in writing is given by the Consignor to the Consignee that credit has been duly approved and the account of the Consignee duly charged for the Goods.

3.  It is agreed that the consignment of goods does not represent a debt by the Consignee for the value of the goods but merely an obligation to return the goods upon demand.

4.  A debt to the value of the goods consigned (the Debt) is only created when the following occurs:

         a.  the Consignor requests the return of the goods on consignment;

         b.  the Consignee does not agree to, or is unable to return the consigned goods in their original state within 14 days; AND

         c.   the Consignee states, in writing, that a debt is now due and payable within 14 days pursuant to this clause of the consignment note.

          i.  An invoice or request for payment is not sufficient for the debt to become due and payable, there must be an expressstatement that the debt is due and payable pursuant to clause 4c. of the consignment note.

         d.  Or as the parties otherwise agree.

5.  At any point prior to a written notice of intention to commence proceedings by the Consignor in relation to the Debt, the Consignee may return the goods in cancellation of the Debt with the exception of any interest payable or any out of pocket expenses pursuant to clause 1.

6.  The Goods remain the sole and absolute property of the Consignor as full legal, and equitable owner until the Consignee have paid the Consignee in full.

7.  Interest is payable at the NSW Court Prescribed Interest Rate for all accounts outstanding beyond the due date.

Property Securities Act 2009 (PPSA)1

8.  The parties agree that the Goods are not security instruments under the Act. If the Goods must be registered or are determined to be security interests pursuant to legislation or common law, this agreement is to be read down to the extent that is necessary to become enforceable.

9.  If the Goods must be registered as referred in clause 8, or if the Consignor elects to register, the:

      a.  interest does not secure payment or performance of an obligation;

      b.  interest of the Consignor in the Goods and all proceeds is a security Interest and this agreement is a security agreement;

      c.  Consignee consents to the Consignor registering its security interest on the Personal Property Securities Register and agrees to provide all assistance reasonably required by the  Consignor to facilitate registration;

      d.  Consignee waives its right to receive any notice under the PPSA (including notice of verification statement) unless the notice is required by that Act and cannot be excluded;

      e.  Consignor and Consignee agree that this agreement and all related information and document(s) are confidential (Confidential Information) and will not be disclosed to  unauthorised representatives or third parties, except to the extent disclosure is permitted by this agreement or required by law.

           The Consignor and the Consignee agree that the Consignor will not disclose the Confidential Information pursuant to a request section 275( 1) of the Act; and

      f.  Unless the Goods are used predominantly for personal, domestic or household purposes, the Consignor and the Consignee agree that the following requirements or rights under the  PPSA do not apply to the enforcement of the Consignor and the Consignee agree that the following requirements or rights under the PPSA do not apply to the enforcement of  the Consignor's security interest in the Goods or of this agreement:

  i.  Any requirement for the Consignor to give the Consignee a notice of removal of accession;

          ii.  Any requirement for the Consignor to give the Consignee a notice of the Consignor's proposed disposal of the Goods;

         iii.  Any requirement for the Consignor to include in a statement of account, after disposal of the Goods, the details of amounts paid to other parties;

         iv.  Any requirement for the Consignor to give the Consignee a statement of account if the Consignor does not dispose of the Goods;

          v.  Any right the Consignee has to redeem the Goods before the Consignor exercises a right of disposal; and

         vi.  Any right the Consignee has to reinstate this agreement before the Consignor exercises a right of disposal of the Goods.

10.  Expressions defined in the Act have the same meaning when used in this agreement.

AUSTRALIAN GEMSTONES