GENERAL TERMS AND CONDITIONS OF TRADE
BY accepting a Quotation from the Supplier, the Customer agrees to be bound by these General Terms and Conditions of Trade.
DEFINITIONS AND INTERPRETATIONS
1.1 Definitions
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- .1In these Terms and Conditions of Trade:
Additional Charge means:-
- fees or charges for additional work performed at the Customer’s request or reasonably required as a result of the Customer’s conduct, calculated in accordance with the Supplier’s then current prices or hourly rates;
- expenses incurred by the Supplier, at the Customer’s request or reasonably required as a result of the Customer’s conduct.
Business Day means a day that is not a Saturday, Sunday or public holiday in the place where the Services are principally being carried out or the Goods provided.
Credit Account means the allowance of credit agreed to between the Supplier and the Customer limited by the agreed credit limit and the Period of Credit.
Credit Limit means the maximum credit amount allowed by the Supplier to be held by the Customer as agreed in writing between the supplier and the customer.
Customer means the person that the Quotation is addressed to (non-commercial) or the Company that provides the Order (commercial) and includes the Customer’s agents and permitted assigns.
Delivery means when the goods are transferred to the Customer either by physical delivery or to the customer’s agent or assignee.
Goods means any goods supplied by the Supplier including those supplied in the course of providing Services.
GST means Goods and Services Tax as defined in A New Tax System (Goods and Services) Act 1999
Intellectual Property Rights means intellectual property rights at any time protected by statute or common law, including copyright, trademarks, patents and registered designs.
ISO Containers means intermodal containers manufactured according to specifications from the International Organization for Standardization.
Loss includes, but is not limited to, costs (including, but not limited to, party to party legal costs and the Supplier’s legal costs), expenses, lost profits, award of damages, personal injury and property damage.
NDT Non-Destructive Testing as per Australian Standards
Order means a purchase order for Goods or Services placed by a Customer in response to a Quote and as varied in writing from time to time by the parties.
Overseas Customer means any customer that does not have a registered office in the country of Australia and/or is not considered an Australian entity for the purposes of taxation.
Period of Credit means thirty (30) days, from invoice date.
PPS Law means:-
- the Personal Property Security Act 2009 (Cth) (PPS Act) and any regulation made at any time under the PPS Act (each as amended from time to time); and
- any amendment made at any time to any other legislation as a consequence of a PPS Law.
Quote means a written description of the Goods or Services to be provided, an estimate of the Supplier’s charges for the performance of the required work and an estimate of the time frame for the performance of the work.
Services means the services to be provided by the Supplier to the Customer in accordance with a Quote and these Terms and Conditions.
Supplier means the entity specified as the supplier of Goods or Services on the Quote and includes the Supplier’s agent and permitted assigns.
Tek screw or bolt mount option – All brackets, joiners and cleats on the Goods are Tek screwed or bolted in position in accordance with engineering requirements, as opposed to the weld mount option.
Terms and Conditions means this document.
Warranty Application Form means the form in Schedule A
Warranty Claim Form means the form in Schedule B.
Weld mount option – All brackets, joiners and cleats on the Goods are welded in position in accordance with engineering requirements, as opposed to the Tek screw or bolt mount option.
Last Updated: 04/09/2023
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