THIS AGREEMENT is made on the 15 day of April 2011.
The Parties
ACT Aviaries Pty of 32 Gamor Street
Waramanga, ACT 2611
(Seller)
and
Parklife Pty Ltd of Suite 64
MLC Tower
Woden, ACT 2606
(Buyer)
Background
A. The seller owns the goods described in item 1 of the schedule (goods). The goods represent the parts necessary for the installation of an aviary (the aviary).
B. The buyer wants to buy the goods from the seller.
C. The seller sells and the buyer buys the goods on the terms and conditions set out in operative part.
The Operative Part
Sale and purchase
1. In consideration of the payment of $6,909 (the purchase price) the seller sells to the buyer and the buyer buys from the seller the goods on the terms and conditions of this agreement.
Delivery
2. The seller agrees to deliver the goods to the buyer’s store location, described in item 2 of the schedule, by 3 May 2011
Installation
3. The seller agrees to install the aviary at the store location by 3 May 2011.
Payment
4. The buyer agrees to pay the purchase price to the seller no later than 90 days after delivery.
(a) Payment should be by cash, direct deposit in cleared funds or bank cheque.
Passing of title
5. The seller reserves the following rights in relation to the goods until all accounts owed by the buyer to the seller are fully paid:
(a) ownership of the goods;
(b) to enter the buyer’s premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods; and
(c) to keep or resell any goods repossessed pursuant to (2) above.
6. If the goods are resold, or products manufactured using the goods are sold, by the buyer, the buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of the seller and shall pay such amount to the seller upon request. Notwithstanding the provisions above the seller shall be entitled to maintain an action against the buyer for the purchase price and the risk of the goods shall pass to the buyer upon delivery.
Return of the goods
7. The buyer must not return the goods to the seller unless the seller consents to the return of the goods.
SCHEDULE
Item 1
GoodsNylex Cover Shade, 50 x 10Telescopiv Pole 5200mm Gal Steel, T-nut type, Galva-
Bond tubing, 89mm inner and 100 mm outer tube x 25 Nylex Aluminium railing 8m x 80 Press Stud Kit Refill Newey/Birch x 100 Stayput Canvas Canvas, Double Thickness x 100 Stayput Fastener, Horizontal Double Thickness x 15 Brewster Double Tum Button x 100 Brewster Eyelets 400 x 400a x 100 Total (including GST) |
Price$2,200.00
$2,500.00 $2,100.00 $ 30.00 $ 25.00 $ 22.00 $ 16.00 $ 16.00 $6,909.00 |
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Item 2: Location of Store | Mount Stromlo Butterfly Park4 Holdens Creek RoadMount Stromlo
ACT 2611 |
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EXECUTED AS AN AGREEMENT | ||||
SIGNED by Dale Godwin
SIGNED by Eric Sully SIGNED in the presence of Johnny Fingers |
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