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Terms & Conditions - Cablecraft Australia

Terms & Conditions

CABLECRAFT AUSTRALIA TERMS AND CONDITIONS

For the supply of Goods/materials/Equipment/Services

All letters, facsimiles and other documents shall include the Purchase Order Number, and Purchase order title.

INTERPETATION

‘Purchases’ refers to customer

‘Seller’ refers to Cablecraft Australia P/L   ACN: 149 062 966 ABN: 77 325 156 159

‘Goods’ includes equipment, materials and services except where the context indicates otherwise.

‘Contract Price’ means the Total Purchase Order as shown on the Purchase Order and accepted by Cablecraft Australia P/L.

‘Final Contract Value’ means the final Contract price after any approval variations.

Words in the singular include the plural and words in the plural include the singular according to the requirements of the context.

Words implying a gender include every gender.

1. PRICE

(i) Unless otherwise stated on the Purchase Order, all prices shall be subject to change up until the date of invoicing.

(ii) All prices shall be Australian Dollars AUD unless otherwise agreed and shown on the purchase order.

(iii) All prices may be affected by exchange rate fluctuations except as shown on the Purchase Oder agreement between customer and Cablecraft Australia P/L.

2. VARIATIONS

In the event that Cablecraft Australia P/L approves a variation, a revision to this Purchase Order will be issued to the vendor.

If the Purchase Order has been closed or paid out, a new Purchase Order will be issued.

No other form of variation will be recognized.

3. TERMS OF PAYMENT

Payment for the net amount is to be made within 30 days from the invoice date.

4. DEFECTS LIABILITY

(i) Defects Liability period

The Defects Liability Period shall be:

(a) The period of twelve months from first placing the Goods into service

Or

(b) The period of eighteen months from the receipt of the Goods in the condition at the Delivery Point, Whichever finishes sooner/later

(c) Warranty covers faulty workmanship and/or materials of construction.

5. LIQUIDATED DAMAGES

Liquidated Damages are a Pre-agreed estimate of losses caused to the Purchaser by delays and are not considered as a penalty. Unless otherwise agreed in writing by Cablecraft Australia P/L, No liquidated Damages will apply: –

6. DEFECTIVE GOODS

(i) The Purchaser reserves the right to return to the Vendor any defective Goods found after receipt for repair or replacement by the vendor exclusive of the cost of transport.

(ii) All repair work of defective Goods shall be commenced immediately the goods are returned to Cablecraft Australia P/L and the Cablecraft Australia P/L shall work during normal business hours to carry out the repair in the minimum time possible.

7. DELIVERY

(i) All Goods shall be provided ex Works Brendale Queensland 4500 unless specified and agreed in writing with authorized SRE representatives.

8. INSURANCE

The customer shall be responsible for the insurance against loss or damage of the full value of the goods or services including loss or damage in transit to the Point of Delivery

9. TESTS

All Goods shall be inspected and tested as required by the normal quality standards including those specified (if any) on the Purchase Order. Test report shall be supplied on a request basis only.

10. TAXES

(i) The customer is and remains liable for payment of any Taxes. If any Tax is imposed, the customer must pay the full amount to the relevant authority and indemnifies Cablecraft Australia P/L against any failure to do so.

(ii) It is agreed that the Price is based on the Tax prevailing at the date of this Agreement. Excluding Taxes imposed on the income of the seller. If any rate of Tax is increased or decreased or a new Tax is introduced or an existing Tax is abolished or any change in interpretation or application of any Tax occurs in the course of performance of the Purchase Order, an adjustment will be made to the Price to reflect any such change of whether this results in the Price increasing or decreasing.

11. PROGRESSIVE PAYMENTS

In the case of large projects exceeding $10,000 AUD the seller reserves the right to ask for progressive payments from the buyer.

12. RESTOCKING FEE

All goods returned to Cablecraft Australia’s warehouse will incur a 20% restocking fee and require authorization by the seller. Mechanical Cables made to order will not be accepted for return.

13. Personal Properties And Securities ACT 2009 (PPSA)

In the clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purpose of the PPSA and creates a security interest in all goods that have previously been supplied and that will be supplied in the future by CABLECRAFT AUSTRALIA P/L to the Customer.

The Customer undertakes to:

a) Promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which CABLECRAFT AUSTRALIA may reasonably require to:

i) Register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

ii) Register any other document required to be registered by the PPSA; or

iii) Correct a defect in a statement referred to in clause 7.3(a)(ii);

b) Indemnify, and upon demand reimburse, CABLECRAFT AUSTRALIA for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing and goods charged thereby;

c) Not register a financing change statement in respect of a security interest without the prior written consent of CABLECRAFT AUSTRALIA;

d) Not register, or permit to be registered, a financing statement or a financing change statement in relation to the goods in favour of a third party without the prior written consent of CABLECRAFT AUSTRALIA;

e) Immediately advise CABLECRAFT AUSTRALIA of any material change in its business practises of selling the goods which would result in a change in the nature of proceeds derived from such sales.

CABLECRAFT AUSTRALIA and the Customer agree that sections 96,115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130,132(3)(d) and 132(4) of the PPSA.

The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

Unless otherwise agreed to in writing by CABLECRAFT AUSTRALIA, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.

The Customer must unconditionally ratify and actions taken by CABLECRAFT AUSTRALIA under clauses 7.3 to 7.5.

Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

14. GENERAL

Any terms and conditions on a Customer’s order which are inconsistent with or additional to the terms and conditions here of shall not be binding on CABLECRAFT AUSTRALIA. All such terms and conditions are hereby expressly rejected. No waiver, alteration or modification of any CABLECRAFT AUSTRALIA terms and conditions shall be binding on CABLECRAFT AUSTRALIA unless made in writing and agreed to by a duly authorised official of CABLECRAFT AUSTRALIA.

Any order placed or made by the customer for the purchase of products shall be irrevocable and constitute an unqualified acceptance by the Customer of these conditions.

Any time or date named or accepted by Company for delivery of the products is an estimate only and does not conditions of the contract or warranty.

CABLECRAFT AUSTRALIA delay or failure to exercise any right, power or privilege will not operate as a waiver of any such right, power or privilege.

These conditions will be governed with the law in force in the state of Queensland and any applicable Federal Legislation and the parties hereby submit to the non-exclusive jurisdiction of the courts of Queensland and to any federal courts.

If any terms in these conditions shall for any reason be declared or become unenforceable, invalid or illegal for any reason, the other terms and provisions of these conditions shall remain in full force and effect as if these conditions never included the unenforceable, invalid or illegal terms.