Terms and Conditions of Trade
1.Definitions
- “ACL” – The Australian Consumer Law Schedule to the Competition and Consumer Act 2010 (Cth) as amended.
- “Agreement” – Any agreement for the provision of goods or services by the Supplier to the Customer.
- “Consumer” – Defined as in the ACL. Whether the Customer is a consumer is determined under the Agreement.
- “Customer” – Any person (jointly and severally if more than one) acquiring goods or services from the Supplier.
- “Goods” – Goods supplied by the Supplier to the Customer.
- “GST” – Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended.
- “PPSA” – The Personal Property Securities Act 2009 (Cth) and its associated Regulations as amended from time to time.
- “Supplier” – Commercial Cleaning Equipment Repairs Pty Ltd (ABN 12 853 026 971) (ACN 678 160 864).
- “Services” – Services supplied by the Supplier to the Customer.
- “Terms” – These Terms and Conditions of Trade.
2. Basis of Agreement
2.1 Unless agreed otherwise in writing, these Terms apply exclusively to every Agreement and cannot be varied by other terms, including the Customer’s purchase terms.
2.2 Quotations provided by the Supplier are:
- (a) Valid for 30 days.
- (b) An invitation to treat only.
- (c) Only valid if in writing. 2.3 The Terms may include additional terms in the Supplier’s quotation, provided they are not inconsistent with these Terms.
2.4 An Agreement is accepted by the Supplier when the Supplier confirms acceptance in writing or provides the goods/services to the Customer.
2.5 The Supplier has absolute discretion to refuse any offer.
2.6 The Customer must specify any special requirements to the Supplier.
2.7 The Supplier may amend these Terms by written notice to the Customer, effective on orders placed after the notice date.
3. Pricing
3.1 Prices quoted include GST and other taxes or duties related to goods and services.
3.2 Customer-requested variations may incur additional charges.
3.3 If costs to the Supplier change, the Supplier may adjust the price by notifying the Customer.
4. Payment
4.1 Unless agreed otherwise:
- (a) Payment is due within 7 days of the Supplier’s statement date.
- (b) The Supplier may require full payment upon delivery. 4.2 Payment by EFT to the Supplier’s bank account is preferred.
4.3 Cheques are not considered payment until cleared.
4.4 Payment terms can be amended or revoked by the Supplier upon written notice.
4.5 Timely payment is essential.
5. Payment Default
5.1 If the Customer defaults on any payment, all amounts become immediately due without notice. The Supplier may:
- (a) Charge interest per the Penalty Interest Rates Act 1983 (QLD) plus 4%.
- (b) Charge for recovery costs, including legal fees.
- (c) Suspend further supply of goods/services.
- (d) Terminate any uncompleted contracts with the Customer. 5.2 Clauses 5.1(c) and (d) apply if the Customer:
- (a) Becomes bankrupt or undergoes any arrangement with creditors.
- (b) Is a corporation facing liquidation or administration.
6. Passing of Property
6.1 Until full payment is received:
- (a) Goods remain the Supplier’s property.
- (b) The Customer holds goods as fiduciary bailee.
- (c) Goods must be kept separate and labeled as the Supplier’s. 6.2 The Supplier reserves rights under the PPSA to retrieve goods from Customer premises if payment is not made.
7. Personal Property Securities Act
7.1 The PPSA applies to these Terms, creating a security agreement and a Purchase Money Security Interest for the Supplier.
7.2 The security interest attaches upon dispatch from the Supplier’s premises.
7.3 Customer waives rights to PPSA notifications, except as required by law.
8. Risk and Insurance
8.1 Risk passes to the Customer upon delivery.
8.2 Customer assumes all risk for goods’ use unless a statutory guarantee under the ACL applies.
9. Performance of Agreement
9.1 Estimated delivery dates are not contractual.
9.2 Supplier will endeavor to meet estimated delivery dates but is not liable for delays.
10. Delivery
10.1 The Supplier will arrange delivery unless otherwise agreed, with Customer covering associated costs.
10.2 If the Customer fails to collect goods within 14 days of notice, storage charges may apply.
11. Liability
11.1 Except as expressly stated, no additional warranties or terms are implied.
11.2 If the Customer is a consumer, ACL guarantees apply.
12. Cancellation
12.1 The Supplier may cancel orders by written notice if unable to deliver.
12.2 Customer cannot cancel orders after acceptance unless the Supplier agrees, with forfeiture of deposits.
13. Returns and Exchanges
13.1 Customer must notify the Supplier of any issues within 10 days of delivery for returns.
13.2 Goods altered or used cannot be returned.
14. Customer Restructure
14.1 Customer must inform the Supplier of changes in management or structure within 7 days.
15. Disposal of Business
15.1 Customer must notify the Supplier of business sale, with all outstanding amounts due immediately from sale proceeds.
16. Force Majeure
16.1 Supplier is not liable for delays due to uncontrollable events, including industrial disputes or acts of God.
17. Miscellaneous
17.1 Terms are governed by Queensland law.
17.2 Notices must be in writing and may be sent via email, fax, or mail.
18. Privacy
18.1 Supplier adheres to the Privacy Act 1988 and National Privacy Principles for personal data handling.
18.2 The Customer must comply with these principles regarding personal data in connection with this Agreement.