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1 – PARTIES
The Supplier: Con-Treat Pty Ltd (ACN 123 222 328) & Con-Treat Victoria Pty Ltd (ABN 8863 6423 268). The Customer: You as a purchaser.
2 – DEFINITIONS
2.1. The Supplier is Con-Treat Pty Ltd (ACN 123 222 328) of Unit 11, 80-82 Township Drive, Burleigh Heads, Queensland 4220 & Con-Treat Victoria Pty Ltd of Unit 34/326 Settlement Road Thomastown Vic 3074.
2.2. The Customer is the party or any person acting on behalf of and with the authority of the Customer that the Order is provided for.
2.3. The Guarantor is the person(s), or entity, who agrees to be liable for the debts of the Customer.
2.4. The Order shall be defined as any request for the provision of Goods by the Customer with the Supplier which has been accepted by the Supplier.
2.5. The Purchase Order shall be defined as an official order submitted by the Customer upon request for the provision of Goods, detailing the order number and describing the Goods requested.
2.6. The Goods are the products and/or components provided by the Supplier.
2.7. The Price is the amount invoiced for Goods supplied.
2.8. Indirect, Special or Consequential loss or damage includes i) any loss of income profit or business; ii) any loss of good will or reputation; iii) any loss of value of intellectual property.
2.9. Invoices include invoices for Goods supplied, provided, or both.
3 – GENERAL
3.1. These Terms and Conditions together with the Supplier’s written or verbal quotation and the Supplier’s Credit Application form this Agreement.
3.2. Any Order requested by the Customer is deemed to be an Order incorporating these Terms and Conditions notwithstanding any inconsistencies which may be introduced in the Customer Order or acceptance unless expressly agreed to by the Supplier in writing. In the event that an inconsistency exists and/or arises it is acknowledged between the parties that these Terms and Conditions will prevail.
3.3. No subsequent correspondence or document or discussion shall modify or otherwise vary these Terms and Conditions unless such variation is in writing and signed by the Supplier.
3.4. The Terms and Conditions are binding on the Customer, his heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
3.5. In these Terms and Conditions, the singular shall include the plural, the masculine shall include feminine and neuter and words importing persons shall apply to corporations.
3.6. Where more than one Customer completes this agreement each shall be liable jointly and severally.
3.7. If any provision of these Terms and Conditions shall be invalid, void illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these Terms and Conditions.
3.8. The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent but the Supplier acknowledges that it remains at all times liable to the Customer.
3.9. The failure by the Supplier to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s right to subsequently enforce that provision.
3.10. The Customer acknowledges that the Supplier may use these Terms and Conditions on its website and that it may provide notice to the Customer of any amendments. In this event, the Terms and Conditions on the Supplier’s website shall apply to any future dealings as between the parties and the Customer is deemed to have notice of any such Terms and Conditions and/or amendments.
4 – PLACEMENT OF ORDERS
4.1. Orders placed by the Customer with the Supplier will be considered valid when placing the Order by email, verbally, in writing and/or upon submission of a purchase order by the Customer, showing clearly the order number and full description of the Goods requested.
4.2. Any written Quotation given by the Supplier shall expire sixty (60) days after the date of the written quotation. Quotations may also be provided to the Customer by verbal communication over the telephone.
4.3. All prices are based on taxes and statutory charges current at the time of the Quotation. Should these vary during the period from the date of the Quotation to the date of the invoice, the difference will become the responsibility of the Customer and the Customer will be invoiced for the extra charge by the Supplier.
5 – PRICE
5.1. At the Supplier’s sole discretion the Price shall be either:
5.1.1. As detailed on invoices provided by the Supplier to the Customer in respect of Goods supplied; or
5.1.2. The Supplier’s quoted Price as for the Order (subject to clause 5.2).
5.2. The Supplier reserves the right to change the Price in the event of a variation to the Supplier’s Order provided that notice in writing is provided by the Supplier within a reasonable time.
6 – SUPPLY AND DELIVERY OF GOODS
6.1. The Supplier reserves their right to:
6.1.1. Decline requests for any Goods requested by the Customer.
6.1.2. Cancel or postpone appointments at their discretion.
6.2. Delivery of the Goods shall be deemed to take place when the Goods are collected by the Customer or are delivered to the Customer or the carrier as nominated by the Supplier and/or the Customer.
6.3. If the Customer fails to make all arrangements necessary to take delivery of the Goods, the Customer shall, at the discretion of the Supplier, be liable for a $40.00 Non Delivery Fee and the Supplier shall be entitled, also at its discretion, to charge a reasonable fee for re-delivery.
6.4. Unless specified by the Supplier to the contrary in the Order, the Supplier does not warrant that it will be capable of providing the Goods at specific times requested by the Customer during the term of this agreement.
6.5. Subject to otherwise complying with its obligations under this agreement, the Supplier shall exercise its independent discretion as to its most appropriate and effective manner of providing the Goods and of satisfying the Customer’s expectations of those Goods.
6.6. In the discharge of its duties, the Supplier shall comply with all reasonable resolutions, regulations and directions of the Customer that may lawfully be given from time to time as to the nature and scope of the Goods to be provided.
6.7. Nothing in the above clause shall effect the Supplier’s right to exercise its own judgment and to utilise its skills as it considers most appropriate in order to achieve compliance with the said resolutions, regulations and directions or otherwise with its obligations under this agreement.
6.8. The Supplier may agree to provide, on request from the Customer, additional Goods not included or specifically excluded in the Quotation/Order. In this event, the Supplier shall be entitled to make an additional charge. Additional Goods includes, but is not limited to, alterations, amendments, and any additional visits by the Supplier after provision of the Goods at the request of the Customer.
6.9. The Supplier may agree to accept the return of products or goods within 7 days of purchase, from the Customer at its own discretion. In this event, the Supplier shall be entitled to make an addition re-stocking fee of 30% to the Customer. The Customer acknowledges that additional costs incurred, such as labour and/or freight, must be borne by the Customer.
7 – PAYMENTS AND CREDIT POLICY
7.1. Any reference to Customer shall include all Customers, unless it refers to a specific group of Customers.
7.2. For credit purposes, the two main groups of Customers are Non-Account Customers and Account Customers.
7.3. Non-Account Customers
7.3.1. The Customer must make full payment of the Price before delivery of the Goods.
7.3.2. If the Customer has placed an order for Goods that require delivery from a third party, being an international company, the Customer must pay a 70% non-refundable deposit of the Price before the Supplier makes the order from the third party. The Customer must pay the balance of the Price when the Goods are delivered to the Supplier by the third party and before the Goods are delivered to the Customer by the Supplier.
7.4. Account Customers
7.4.1. Account customers must make full payment to the Supplier within thirty (30) days from the date of issue of invoice(s) for the Goods.
7.5. Credit will only be granted at the sole discretion of the Supplier and upon submission of a completed Credit Application Form.
7.6. Any credit granted may be revised by the Supplier at any time and at its discretion.
7.7. The Supplier reserves the right to withdraw any credit facility upon any breach by the Customer of these Terms of Conditions or upon the Customer ceasing to trade and/or being subject to any legal proceedings and/or the Customer committing an act of insolvency.
7.8. The Customer agrees that upon such withdrawal, any and all monies owing on the account shall become immediately due and payable.
8 – GOODS AND SERVICES TAX
8.1. GST refers to Goods and Services tax under the Goods and Services Act 1999 (“GST Act”) and terms used herein have the meanings contained within the GST Act.
8.2. It is hereby agreed between the Customer and the Supplier that the consideration for the Supplier expressed in this agreement is exclusive of the Supplier’s liability of GST.
8.2.1. On sale:
22.214.171.124. The Customer will pay to the Supplier, in addition to the total purchase Price, the amount payable by the Supplier of GST on the taxable supply made by the Supplier under this agreement;
126.96.36.199. The Supplier shall deliver to the Customer a Tax Invoice for the supply in a form which complies with the GST Act and Regulations.
9 – DEFAULTS
9.1. Invoices issued by the Supplier shall be due and payable before the provision of Goods for Non-Account Customers, and invoices issued by the Supplier shall be due and payable within thirty (30) days from the date of issue for Account Customers (“Default Date”) depending on terms agreed with the Supplier. Without prejudice to any other rights of the Supplier, the Customer may be charged account keeping fees of 2.0% interest payable monthly on any payment in arrears.
9.2. If the Supplier does not receive the Outstanding Balance for the Goods on or before the Default Date, the Supplier may, without prejudice to any other remedy it may have, forward the Customer’s outstanding account to a debt collection agency for further action. The Customer acknowledges and agrees that:
9.2.1. After the Default Date, the Outstanding Balance shall include, but not limited to, all applicable fees and charges under this Agreement;
9.2.2. In the event of the Customer being in default of the obligation to pay and the overdue account is then referred to a debt collection agency, or law firm for collection the commission payable where the collection agency charges commission on a contingency basis shall be calculated as if the agency has achieved one hundred percent (100%) recovery and shall be added to the debt and the legal costs, whether incurred directly or by the agency shall be calculated on the indemnity basis and added to and form part of the debt and the total shall be treated as a liquidated demand.
10 – RISKS AND LIABILITY
10.1. The Customer will ensure when placing Orders that there is sufficient information to enable the Supplier to execute the Order.
10.2. If the Customer requests the Supplier to hold the Goods temporarily on the Customer’s behalf, the Supplier takes no responsibility for the security of the Goods and may charge the Customer a reasonable storage fee in respect of the Goods.
10.3. The Supplier takes no responsibility if the specifications are wrong or inaccurate and the Customer will be liable for the expenses incurred by the Supplier for any work required to rectify the Order.
10.4. The Customer is responsible for ensuring that the Supplier is made aware of any special requirements pertaining to the Order and that the Supplier relies upon the integrity of the information supplied to it.
10.5. The Supplier takes no responsibility and will not be liable for any damages or costs resulting in the Goods being faulty as a consequence of insufficient information provided by the Customer.
10.6. The Supplier takes no responsibility for representations made in relation to the Goods or any delay in the delivery of the Goods made by a third party or third party manufacturer.
10.7. The Customer acknowledges that the Supplier shall not be liable for and the Customer releases the Supplier from:
10.7.1. Any claims in respect of faulty or defective design of any Goods supplied.
10.7.2. Physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of supply, layout, assembly, installation or operation of the Goods.
10.8. Except as provided in these conditions all express and implied warranties, guarantees and conditions under statute or general law as to merchantable quality, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, or workmanship or otherwise is expressly excluded.
10.9. The Supplier does not represent that it will carry out any Services and/or provide and/or deliver any Goods unless it is included in the Quote.
11 – WARRANTIES FOR GOODS
11.1. The warranty for Goods supplied shall be the current warranty provided by the manufacturer of the Goods. The Supplier shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
11.2. The Customer agrees to be responsible for all amounts owing to the Supplier in the event that any Goods are supplied on the basis of the manufacturer’s warranty and it subsequently becomes void or inapplicable.
11.3. Warranty for Goods shall only cover the cost of Goods. The Customer acknowledges that additional costs incurred, such as labour and/or freight, must be borne by the Customer.
11.4. If the Customer is in default of any payment to the Supplier after a request in writing has been made, the warranty shall cease and the Supplier shall thereafter in no circumstances be liable under the terms of the warranty.
12 – RETENTION OF TITLE
12.1. While the risk in Goods shall pass on delivery and/or supply (including all risks associated with unloading), legal and equitable title in the Goods shall remain with the Supplier until full payment of all Goods supplied by the Supplier to the Customer is made. Pending such payment the Customer:
12.1.1. Shall hold the Goods as Bailee for the Supplier and shall return the Goods to the Supplier if so requested.
12.1.2. Agrees to hold the Goods at the Customer’s own risk and is liable to compensate the Supplier for all loss or damage sustained to the Good whilst they are in the Customer’s possession.
12.2. The Supplier reserves the right to enter the Customer’s premises without liability for trespass or any resulting damage in retaking possession of the Goods until the accounts owed to the Supplier by the Customer are fully paid.
12.3. The Customer acknowledges that the Supplier may produce this clause to register its legal and equitable interest of the Goods as a secured party in accordance with the provisions of the Personal Property Securities Act 2009, when and if it comes into effect.
13 – TERMINATIONS AND CANCELLATION BY SUPPLIER
13.1. The Supplier may cancel any Order to which these Terms and Conditions apply or cancel delivery of Goods at any time before the Goods are delivered provided by giving written notice to the Customer. On giving such notice the Supplier shall repay to the Customer any sums paid in respect of the Price. The Supplier shall not be liable for any loss or damage or consequential loss or damage whatever arising from such cancellation.
13.2. Without prejudice to the Supplier’s other remedies at law, the Supplier shall be entitled to cancel all or any part of any Order of the Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that:
13.2.1. Any money payable to the Supplier becomes overdue and after a request for payment in writing has been made; or
13.2.2. The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
13.2.3. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer or any judgment is taken out against the Customer and remains unpaid for more than seven (7) days.
13.3. Any Order cannot be cancelled by the Customer unless expressly agreed to by the Supplier in writing.
13.4. In the event that the Customer refuses receipt of delivery of the Goods the Customer shall be liable for any loss incurred by the Supplier (including, but not limited to, any loss of profits) up to the time of cancellation.
13.5. If the Customer places an Order with the Supplier and the Supplier places an Order with a third party Supplier to meet the Customer’s request, the Customer shall be liable for the Price of the Goods ordered if the Customer cancels the Order and the Goods have already been manufactured.
13.6. The Customer acknowledges that in the event of any breach of this Agreement/Order by the Supplier including indirect, special or consequential loss, the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price.
14 – SET-OFF
14.1. The Customer shall have no right of set-off in any suit, claim or proceeding brought by the Supplier against the Customer for default in payment.
14.2. The Customer acknowledges that the Supplier can produce this clause in bar of any proceeding for set-off.
15 – INSURANCE
15.1. The Customer is responsible to effect whatever insurance cover he requires at his own expense.
16 – AGREED USES
16.1. The Customer acknowledges that the Customer may forfeit any rights if any, he may have against the Supplier if:
16.1.1. The Goods are applied for any other use to which the Goods are not intended for and/or not in accordance with any applicable manual;
16.1.2. Any alteration to the Goods is carried out other than in accordance with intended alterations and/or the Goods are not repaired by an authorised repairer.
16.2. The Customer further acknowledges sole responsibility for any damage or injury to property or person caused by using the Goods in any way, which the Customer may forfeit their rights against the Supplier.
16.3. The Customer acknowledges that they have no relied on any representation or warranty from the Supplier with respect to the merchantable quality, description, quality, suitability or fitness of the Goods.
17 – JURISDICTIONS
17.1. This agreement is deemed to be made in the State of Queensland and all disputes hereunder shall be determined by the appropriate courts of Queensland.
18 – ENTIRE AGREEMENTS
18.1. The conditions set out in this agreement constitute the whole agreement made between the Customer and the Supplier.
18.2. This Agreement can only be amended in writing signed by each of the parties.
18.3. All prior discussions and negotiations are merged within this document and the Supplier expressly waives all prior representations made by him or on his behalf that are in conflict with any clauses in this document in any way.
18.4. Nothing in these Terms and Conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia. By Continuing to use and purchase from this site you are deemed to understand and agree to be bound by the Terms and Conditions set out herein.