The supply of all goods by the supplier to the Customer shall be subject to these Terms which shall prevail over any other terms and conditions. The Supplier may vary these Terms in respect of subsequent trade by notice in writing mailed to the Customer's usual place of business and thereafter such varied Terms and Conditions of Trade shall apply.
The price of goods or services supplied by the Supplier shall be that price quoted in writing by the Supplier at the date of the order plus any transportation or freight costs plus any amount which the Supplier is required to pay on account of sales tax or other taxes in relation to the goods.
Any delivery date stated is an estimate date only and the failure of the Supplier to deliver by that date shall not render the Supplier liable to the Customer nor the Customer to cancel any order. Delivery shall be deemed to have been effected upon goods being made available for collection at the Supplier's premises but the Supplier may, in its absolute discretion, deliver or attempt to deliver goods to the Customer's business address, or as otherwise requested.
- CANCELLATION AND VARIATION
The Customer may not cancel or vary any order unless it does so by notice in writing to the Supplier within 10 days from the date of the order and the Supplier may, in its absolute discretion, consent in writing to the cancellation or variation. In the event of cancellation or variation of any order the Customer shall forthwith upon demand reimburse the Supplier for any costs and expenses incurred by the Supplier in endeavoring to meet the order prior to receipt by the Supplier of a notice of cancellation or variation (as the case may be).
The Supplier shall not be obliged to meet any claim in respect of goods or services supplied to the Customer other than a valid claim in writing received within 7 days of delivery. The Supplier's liability in respect of any trade with the Customer shall be limited to the value of the goods in question or, at the Supplier's option, repayment of the price if paid but shall under no circumstances whether claims are made or not include loss of profit, economic loss or consequential damages.
The Supplier may at its sole and absolute discretion extend credit to the Customer in respect of any goods to be sold or services to be supplied. Such credit may be withdrawn by notice in writing to the Customer at any time by the Supplier and no reason need be given to the Customer which shall thereupon immediately pay all of the monies owing by the Customer to the Supplier notwithstanding anything herein contained.
Payment for goods and services supplied by the Supplier to the Customer shall be made upon delivery or otherwise in accordance with any terms specified on the confirmation of order relating to such goods and services. If payment in full is not received within these Terms the Customer shall pay to the Supplier interest on the rate of 4% above the rate prescribed from time to time under the Penalty Interest Rates Act 1983.
- SET OFF
The Supplier shall at all timers have the right to set off against whole or any part of any sum from time to time owing by the Supplier to the Customer on any account whatsoever all or any sums owing by the Customer to the Supplier on any account whatsoever and whether the same is due for payment or not.
- RETENTION OF TITLE
In the event that any goods are intended to be sold by the Supplier the Customer, until the Customer has paid to the Supplier the price of any goods or services supplied by the Supplier plus any other amounts owing on any account whatsoever by the Customer to the Supplier (the "monies owed"):-
- The ownership of any goods intended to be sold by the Supplier to the Customer (the "Goods"), shall remain with the Supplier, but the risk shall pass to the Customer upon delivery who shall insure the Goods from the time of delivery with the interest of the Supplier as owner noted on the policy;
- The Customer shall hold the Goods as the Supplier's fiduciary agent and bailee;
- The Customer shall store the Goods separately so as to be readily identifiable as the goods and property of the Supplier;
- The customer shall have the authority to resell the Goods to third parties in the ordinary course of its business upon reasonable commercial terms and the Supplier constitutes the Customer as its fiduciary agent for this purpose;
- The Customer shall hold the proceeds of sale of the Goods on trust for the Supplier, keep separate records in relation to such proceeds and bank the proceeds into a separate account and immediately remit such funds to the credit of the Supplier;
- The Supplier is entitled to retake possession of any of the Goods not sold by the Customer pursuant to sub-clause 9.4 upon the occurrence of any of the defaults listed in Clause 10 without prejudice to any other rights of the Supplier. The Supplier may sell or retain the Goods in the event that it retakes possession and the Customer shall indemnify the Supplier from and or expenses which the Supplier may suffer or incur in retaking possession of the Goods and in arranging for their sale to a third person including, any loss on the sale of such Goods, all selling expenses and all other loss or damage, costs or expenses incurred by the Supplier in respect of such repossession and resale of the Goods.
- Any failure by the Customer to comply with any of these Terms shall not vitiate the Supplier's retention of ownership.
- The Customer irrevocably licenses and authorises the Supplier the Supplier or any agent or representative thereof, at any time to enter onto any premises of the Customer (or any premises of its agent or any associated company where the Goods are located) in order to inspect or retake possession of the Goods and hereby releases and forever discharges the Supplier and its agents or representatives from all liability for trespass or any resulting damage.
In the event that:
- the Customer is in breach of any of these Terms;
- the Customer:-
- being a corporation goes into liquidation or if a mortgagee, agent receiver, or administrator is appointed in respect of the whole or any part of its assets; or
- being an individual dies, commits an act or bankruptcy, becomes bankrupt or takes advantage of any law relating to bankruptcy;
- the customer, in the sole opinion of the Supplier becomes unstable to meet its financial commitments as and when they fall due;
the Customer shall forthwith pay to the Supplier all debts outstanding by the Customer to the Supplier which shall forthwith become due and payable notwithstanding that the time for payment thereof would not otherwise have arrived, and the Supplier shall be entitled to cancel or suspend further delivery of goods or supply of services to the Customer.
In the interpretation and application of these Terms, unless inconsistent or repugnant to the context, the following shall apply:-
- words referring to persons shall include companies, corporations and bodies corporate and vice versa.
- words importing the singular shall include the plural and vice versa.
- words importing one gender shall mean and include all other genders and vice versa.
- these Terms shall be binding upon the parties together with their successors, legal personal representatives and their permitted transferees and assigns.
- any reference to a covenant, obligation, promise, representation, warranty or liability of any nature whatsoever for more than one person shall be binding upon all such relevant persons on a joint and several basis.
- "Supplier" means CyberTribe Enterprises P/L Trading As: CYBER TRIBE COMPUTER SYSTEMS.
- any trade pursuant to these Terms shall be governed by the laws of the State of Victoria whose Courts shall be the forum for any dispute.
- in the event that any part of these Terms shall be deemed void or illegal the offending parts or parts shall be deemed deleted without affecting the continuing applicability of the remainder of these Terms.
- "Customer" means jointly and severally, in each individual case, the Customer contracting with the Supplier for the purchase of the Supplier's goods and/or services.
- all expressed or implied terms, conditions, warranties, statements, assurances and representations in relation to goods and services supplied by the Supplier are expressly excluded save and except conditions and warranties implied by law which cannot be excluded by agreement between the parties.
Conditions of Use
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