Standard Terms and Conditions of Sale - June 2017
In these terms and conditions, “Company” means Colterlec Pty Ltd ABN: 38 073 980 999 “Customer” means the person, Company, Organisation or Partnership for whom an account is opened. “Account” means the account at Colterlec Pty Ltd in the name of the customer.
In the event of conflict or inconsistency between these conditions of sale and any of the customer’s enquiries, specification or order than these conditions of sale shall prevail.
3. VARIATION OF CONDITIONS
No terms, provisions or condition at variance with those set out herein shall be effective in any way unless and until specifically accepted by the Company in writing
a) Unless otherwise stated, our recommended standard price lists are subject to variation without notice and all orders are entered at the condition that they will be invoiced at prices ruling at the date of despatch.
b) Written quotations are valid for 30 days from the date of quotation.
Thereafter it is subject to confirmation.
c) The price and delivery periods are based on the quantities offered by the company. The Company reserves the right to requote should the quantities offered by the Buyer differ from the quantities offered by the Company.
GST exclusive prices will be quoted for business to business transactions, unless requested otherwise
5. GOODS AND SERVICES TAX
10% GST will be charged on all taxable supplies invoiced in Australia
6.CUSTOMER VERBAL INSTRUCTIONS
The Company shall not be held liable for errors or omissions arising from an oversight or a customer’s verbal instruction.
7. MINIMUM ORDER VALUE
A minimum NETT order value of $150.00 is required or COD terms, unless other arrangements have been made.
8.CANCELLATION OF ORDERS
Orders cannot be cancelled except by arrangement and then only on terms which indemnify us against loss.
(a) All goods are deemed to be delivered and risk passes when the goods are handed over to a carrier at our premises, irrespective of whether that carrier was chosen by the Company or nominated by the Customer.
(b) Freight will be charged and will be payable by the Customer and added to the Account.
(c) The Customer indemnifies the Company for all costs associated with the freight, including but not limited to, the freight charges.
In the absence of definite instructions from the purchaser, insurance cover will not be arranged.
Where credit has been satisfactorily established, terms are strictly 30 days from end of month of invoice unless otherwise mutually agreed. If payment is not made within 30 days from end of month of invoice and unless otherwise agreed in writing the Company with notice, may withdraw credit after an additional 15 days. No payment shall be withheld for any disputed portion of an account unless full details of the dispute portion are sent to the Company and deductions should be fully documents in support of the payment made. Where no suitable credit rating has been established, terms are payment with order.
12. TITLE OF GOODS
Property and title in goods supplied shall remain with the Company until they have been fully paid for by the customer. If the customer does not pay for any goods on the due date specified in these terms & conditions of sale the company is hereby irrevocable authorised by the Customer to enter the customer’s premises (or any premises under the control of Customer or as agent of the Customer if the goods are stored on such premises) and any expenses incurred in goods being returned to the Company will be at the customer’s expense.
(a) The customer acknowledges and agrees that the Customer grants to the Company a Security Interest in the goods and their proceeds including and Accounts and accessions by virtue of the retention of title pursuant to Clause 12.
(b) The customer agrees that:
(i) these terms and conditions of sale are subject to the Company giving the customer at least 30 days’ notice, such other terms and conditions as the Company may adopt from time to time and apply to supply of goods by the Company to the Customer to the exclusion of all other terms and conditions of sale or purchase;
(ii) no variation to the Company’s terms and conditions of sale will be of any effect unless agreed to by the Company in writing;
(iii) the goods supplied by the Company secure the payment of the purchase price of those goods and of any other goods supplied by the Company;
(iv) the Customer will do all things necessary including providing all information that the Company requires to register a Financing Statement of Financing Change Statement on the Personal Properties Security Register (PPSR) as a Security Interest and a Purchase Money Security Interest pursuant to the PPSA;
(v) the Customer will not change its name, CAN or ABN or other details required on the PPSR, without first notifying the Company;
(vi) to the extent the goods supplied by the Company constitutes
commercial property pursuant to Section 157(3) of the PPSA the
Customer waives its rights to receive a verification statement in respect of any Financing Statement or Financing Change Statement in respect of the Security Interest created pursuant to these Terms and conditions
of sale; and
(vii) The Customer must pay its own costs of any discharge or necessary amendment of any Financing Statement or any Financing Change Statement.
(c) To the maximum extent permitted by law, the Customer agrees that the following sections of the PPSA will not apply:
Section 130 – Notice of disposal of collateral
Section 142 – Right to redeem collateral; and
Section 143 – Right to reinstate security agreement.
(a) To the maximum extent permitted by law, the Customer waives any rights it may have pursuant to the following sections of the PPSA:
(i) Section 95 – Notice of Removal of accession;
(ii) Section 129(2) – Notice of proposed purchase of collateral
(iii) Section 132 – Statement of account after disposal of collateral;
(iv) Section 134 – Prior notice to retain collateral; and
(v) Section 135 – Notice of retention of collateral.
(b) Unless otherwise defined in these terms and conditions of sale, the terms and expressions used in this Clause have the meaning given to them or by virtue of the PPSA.
(c) PPSA Means the Personal Properties Securities Act 2009.
All goods Supplied by the Company or its principals are guaranteed against faulty workmanship materials or design for a period determined by the manufactures warranty commencing from the date of despatch after which liability on our part ceases. Except as may otherwise be provided by law, our liability for any loss, injury, or damage attributes thereto shall be limited to making good by exchange or repair of defects which appear therein under proper use provided that such defective parts be returned free into the Company’s store or by issues of a full credit of the purchase price.
Except as may otherwise be provided by law the Company shall not be liable for any loss of profits or any other consequential loss or damage suffered by the purchaser in consequence of any defect in workmanship material or design of the goods.
Goods of a current design and model may be credited by prior arrangement, unless the Customer has been notified at time of order that goods are not returnable. For all goods defined as returnable, an invoice value credit may be achieved if the goods were returned within 180 days of delivery, free into our store, in the original carton and in a clean re-saleable condition. The restocking fee that will be applied is $150 + GST for returns up to $1000 + GST and 15% for returns greater than $1000 + GST. A despatch note stating our invoice number and date, description of goods and reason for return should accompany all returns. We reserve the right to refuse credit for any goods returned if the claim is considered unjustified after inspection. Goods made to special order cannot be credited.
17. FORCE MAJEURE
In the event of any happening beyond the Company shall be entitled to suspend delivery or to extend the delivery time of the equipment concerned by the duration of such conditions and in the event of such conditions and in the event of such suspensions or extensions, we shall not be liable.
18. PRODUCT ALTERATIONS
Colterlec and its suppliers have the right to alter goods, including those on order, if the alteration can be done without changing the technical specifications already agreed upon. This includes any firmware updates which do not materially change the specification at the time of purchase.
These alterations are and can not be considered defects.
Website Terms & Conditions - 30th June 2016
In these terms and conditions, “we” “us” and “our” refers to Colterlec Pty Limited. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
3. On registration, you will be required to provide a password. On registration you agree to pay for our services as set out on our website.
4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
5. Our services are intended to be used by registered users within Australia only.
Our Website Services
6. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
7. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
8. When you visit our website, we give you a limited licence to access and use our information for personal use.
9. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
10. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
11. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
12. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
13. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
14. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
15. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
16. These terms and conditions are to be governed by and construed in accordance with the laws of All Australian States / Territories and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in All Australian States / Territories and you agree to submit to the jurisdiction of those Courts.
17. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
18. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.