Terms and Conditions

 

Queensland Skylights Pty Ltd

ABN 92 060 704 991

TERMS AND CONDITIONS

 

Definitions

1.            In this document the following definitions apply.

(a)          “Company” shall mean “Queensland Skylights Pty Ltd ACN 163 802 417” shall mean its subsidiary/ies and related companies as defined in the Corporations Act 2001 (cth) and their and each of their servants or agents, hereinafter referred to as the Company.

(b)          “Customer” shall mean any person, firm, corporation, government, semi-government or local government department or authority, its successor’s, assignee’s, trustee’s, administrator’s or liquidator’s, to whom or to which “Goods and Services” are sold by the Company.

(c)           “Goods and Services” means any products produced, provided and/or sold to the Customer by the Company.

(d)          “Indemnity” whenever it is herein provided that the Customer shall indemnify the Company, then the indemnity to be provided shall be a full and complete indemnity from and against liability in respect of all claims, demands, action, suits, proceeds and costs.

 

Credit Terms

2.            All goods delivered by the Company are to be paid for by cash on delivery.

3.            Payment of all accounts shall be made on or before 14 days from the date of invoice unless prior written arrangements have been made with the Company.

4.            The Company may at any time without notice, terminate or suspend the “Customer’s” right to purchase or acquire “Goods and Services” or services from the Company on credit and shall not be liable for any damages, costs, penalties or charges incurred by the Customer as a result of the non-supply of “Goods and Services” or services by the Company.

5.            All invoices shall immediately become due and payable in the event of default on payment by the Customer of any invoice or account, regardless of whether or not some invoices may not otherwise have become due for payment.

6.            Any amount that remains unpaid for 60 days from the date of invoice shall incur interest at the rate of 1.5% per month or part thereof as an administration charge. The Customer agrees that that this is a fair and reasonable charge and is directly relevant to the likely damage that the Company might suffer as a result of non payment by the Customer. Interest will be calculated on all outstanding amounts from the date of issue of the invoice. 

7.            Any unpaid amounts that may from time to time be overdue and any interest charged shall be recoverable forthwith from the Customer as a liquidated debt.

8.            Credit card payments will incur a 2.00% credit card surcharge.

9.            Payment shall be made by the Customer to the Company without any set off or deduction against any other amount whatsoever.

10.          The Customer hereby gives the Company authority to make enquiries as to the credit and financial responsibilities of the Customer and/or the Directors and/or Shareholders in order to suitably qualify the “Customer’s” capacity to incur debt and repay any amounts to the Company. These inquiries shall include but not be limited to obtaining reports from credit reporting agencies and references from current and/or past providers of credit to the Customer.

11.          In the event of default on payment by the Customer, the Customer will be liable for all losses, liabilities, costs and expenses (including but not limited to debt recovery and legal expenses, including commission charged by debt recovery agents and solicitor’s costs) on a full indemnity basis or on a solicitor and own client basis whichever is the higher, incurred by the Company seeking to recover the default amount.

12.          The Customer hereby charges its interest in any and all land registered in its name as security for payment of monies it owes the Company.

13.          In accordance with s.18E(8)(c) of the Privacy Act 1988, the Customer acknowledges that the Company has informed it that certain items of personal information about the Customer contained in/or relating to the “Customer’s” Application for Credit and permitted to be kept on a credit information file might be disclosed to a credit reporting agency. Furthermore, the Customer agrees, in accordance with s.18H(3), s.18K(1)(b), s.18K(1)(c), s.18K(1)(h) and s.18N(1)(b) of the Privacy Act 1988 that use by the Company of the relevant information referred to in those sections may occur for the purpose of assessing the “Customer’s” credit application.

 

Jurisdiction

14.          This contract is deemed to have been entered into in the State of Queensland. Any legal action arising out of, or in respect of the contract and/or the interpretation thereof shall be brought only in the State of Queensland. The parties further agree to issue any proceedings in the Brisbane registry of the appropriate Court having monetary jurisdiction over the matter.

 

Compliance

15.          During the period of purchase, the Customer shall observe, comply and indemnify the Company from and against all claims for loss, damage, death or injury arising from any failure so to observe and comply with all Acts, Ordinances, Regulations, By Laws and Proclamations and the requirements of any statutory, local or other authority, and all rules and requirements of the owner of any property in, on or about or by way of sale to third party by which the “Goods and Services” is used in relation to.

16.          This purchase agreement is not bound by the following legislation and the Customer agrees that the following do not apply to this purchase agreement and are exceptions to each legislation except where applicable:

(a)          Competition and Consumer Act 2010;

(b)          Trade Practices Act 1974;

(c)           The Consumer Protection Rules 1987;

(d)          Sale of “Goods and Services” Act 1896; and

(e)          Fair Trading Act 1989.

 

General Terms of Sale

17.          All “Goods and Services” sold to the Customer, remains the property of the Company until paid for in full by the Customer to the Company.

18.          The Customer shall not be entitled to damages or compensation from the Company for any loss suffered by reason of late delivery or fault of the “Goods and Services” or if the Company determines the “Goods and Services” is faulty by the condition of the site at which it is stored.

19.          The Customer irrevocably authorises, permits and consents to the Company entering any premises to retrieve and recover possession of any equipment or “Goods and Services” which the Company may have sold to the Customer or any other such equipment or “Goods and Services” to which the Company has the title of the right to exclusive or sole possession. This irrevocable authority allows the Company to use such force as is reasonably required to open doors or any other entrances even if the use of such force would damage the door or entrance. The Customer agrees that the presence of the Company or it’s agents or servants at the premises and the use of such force and the occasioning of damages will not vest the Customer with any cause of action whatsoever against the Company and the Company may refer to this clause should any right or entitlement of the Company be called into question.

20.          The Company reserves the right to amend rates and/or terms and conditions from time to time without prior notice to the Customer.

 

Duties and Charges

 

21.          Unless otherwise stated, all rates, charges and/or prices are quoted exclusive of GST, duty, taxes or any other statutory charge or fee payable in connection with the purchase of the “Goods and Services”.

22.          The Customer agrees to pay any stamp duty.

23.          The Customer acknowledges that the rate for purchase of “Goods and Services” from the Company does not include any provision for insurance cover on behalf of the Customer.

 

Security interests

24.          The Customer must not create, purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the “Goods and Services” other than with the express written consent of the Company until full payment is made to the Company for the “Goods and Services”.

25.          The Customer must take all steps including registration under PPS Law as may be required to:

(a) (b) enabling the Customer to gain (subject always to the rights of the Company) first priority (or any other priority agreed to by the Company in writing) for the security interest; and

(c) enabling the Company and Customer to exercise their respective rights in connection with the security interest.

26.          The Company may recover from the Customer the cost of doing anything under this clause, including registration fees.

 

Delivery

27.          Delivery and/or Pick up charges may be subject to additional charges and shall be quoted upon request from the Customer.

28.          Any permits and/or licence fees and toll charges incurred by the Company shall be charged to the “Customer’s” account.

 

Title

29.          This is a purchase agreement and at no stage does title of the “Goods and Services” pass from the Company to the Customer until full payment is made from the Customer to the Company.

 

Credit Requests

30.          Credit Requests must be received within fourteen (14) days of invoice date.

31.          Credits will be issued within 30 days following the receipt of the Credit Request Form.

 

Cancelled Jobs

32.          Jobs cancelled twenty four (24) hour prior to the start of the manufacture process will not be invoiced.

33.          Jobs cancelled after the start of the manufacture process will be invoiced. If any “Goods and Services” have already been processed for manufacturing they will be considered to be purchased, prepared or provided by the Company to the Customer at the time the Customer has made a cancellation, the Customer is liable for the full cost of the “Goods and Services” already incurred by the Company at the time of cancellation.

34.          On cancellation, any deposit paid by the Customer to the Company is forfeited by the Customer to the Company.

 

Warranties

35.          All of the “Goods and Services” manufactured by the Company come with a life time warranty.

36.          The “Company’s” warranty on manufactured “Goods and Services” does not extend to warranty claims caused directly or indirectly by tempest, act of God, industrial unrest, change in economic conditions, earthquakes, flood, fire or other physical natural disaster, or other weather conditions regardless of severity.

37.          The Customer has no entitlement and the Company has no liability for any costs, losses, expenses, damages or the payment of any monies during an event of tempest, act of God, industrial unrest, change in economic conditions, earthquakes, flood, fire or other physical natural disaster, or other weather conditions regardless of severity.

38.          The Customer has no entitlement and the The Company has no liability for any costs, losses, expenses, damages or the payment of any monies due to delay arising from an event of earthquakes, flood, fire or other physical natural disaster, or other weather conditions regardless of severity.

39.          The Company does not warrant the installation of the “Goods and Services” if the “Goods and Services” are installed by a sub-contractor organised by the Customer or the Company.

40.          The Company warrants that the “Goods and Services” and/or Products supplied shall be of merchantable quality.  the Company does not warrant that the “Goods and Services” and/or Products are fit for a particular purpose and, except or unless otherwise stated in these terms and conditions, warranties relating to title, defects or conformity of the “Goods and Services” and/or Products are expressly excluded. Any costs associated with the return of the “Goods and Services” and/or for the purpose of a warranty claim shall be the responsibility of the Customer.

 

Non Represent

41.          The Company does not warrant nor is liable for any representation made by any sub-contractor or third party.

 

Limitation of Liability

42.          The liability of the Company to the Customer for any reason related to the performance under this agreement shall be limited to the replacement of the “Goods and Services” and/or Products or the amount paid or payable by the Customer in respect of the particular “Goods and Services”.

 

Severability

43.          The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of the remaining provisions. Clerical errors are subject to correction and do not bind the Company. Headings are for ease of reference only and do not form part, or affect the interpretation, of these terms and conditions.

 

Waiver

44.          Failure by the Company to insist upon strict performance of any term or condition herein shall not be deemed a waiver thereof or of any rights the Company may have, and shall not be deemed a waiver of any subsequent breach of any term or condition.

 

Defects

45.          The Customer must inspect the “Goods and Services” and/or Products upon delivery and installation and notify the Company in writing within fourteen days (14) of any defects, short deliveries or any failure to fulfil any quotation or order.

46.          The Company will within a reasonable period following delivery and installation be given access to the “Goods and Services” and/or Products in order to inspect for any alleged defects.  Should the Customer fail to notify the Company within fourteen days (14) of an alleged defect, short-delivery or failure to fulfil any quotation or order, then the “Goods and Services” and/or Products shall be deemed to be in compliance with the order and free from any defect whatsoever.

47.          The Customer, at the “Customer’s” cost, must deliver to the Company any “Goods or Services” which the Customer alleges to have a defect within fourteen days (14) for the Company to inspect.

48.          Visible damage to the “Goods and Services” and/or Products must be reported to and claimed upon “the Customer’s” insurance company.

49.          the Company does not accept any responsibility for loss or breakage of “Goods and Services” and/or products whilst in transit whatsoever.

 

Acknowledgement

 

I/We the undersigned further acknowledge that I/we have read understand and agree to the above terms and conditions.