These Terms & Conditions together with any Terms and Conditions contained in any quotation from South West Solutions Pty Ltd (the ‘Company’) apply to the sale, supply and installation of goods, information and services (‘Products’) by the Company to then the Customer and supersedes all previous Terms and Conditions.
1. Specification Standard
The Products delivered will be in accordance with the specification detailed in the Quotation supplied by the Company. The Customer acknowledges that the specifications are based on information supplied by it and the Customer shall not raise any objection to the Products so delivered as not being in accordance with the specification or otherwise fit for purpose.
2. Variations to Quotation
Changes to the Quotation at the Customer’s request after signing will only be accepted at the Company’s discretion and will only take effect when agreed in writing and signed by a duly authorised signatory of the Customer.
3. Additions
Any additions to these Terms and Conditions and any Conditions in the Quotation shall be in writing. In the event of any inconsistency between these Terms & Conditions and any Conditions in the Quotation, the latter shall prevail.
4. Validity of Quotations
Quotations issued by the Company remains valid for thirty (30) days from date of issue, after this time the Company reserves the right to revise theQuotation.
5. Signing of Quotation and Execution of these Terms and Conditions
Any Quotation document submitted to the Company for signature is deemed to be signed by a duly authorised signatory of the Customer and the Customer cannot raise any objection as to the validity of the appointment of the signatory.
The Customer acknowledges that its agents and employees may place orders for Products with the Company and that it shall be bound by these Terms and Conditions irrespective of whether any such orders are unauthorised or fraudulent.
6. Completion
Completion is deemed to occur at the time of the return of the hired Products, or otherwise deemed by the Company.
7. Payment Terms
7a. The Company requires payment of 25% of the total cost contained in the Quotation at the time of acceptance of the Quotation.
7b. The Company requires a second payment of 25% of the total cost contained in the Quotation at the time of delivery/installation of the Products.
7c. The remainder of the total cost contained in the Quotation together with any further costs incurred during the hire period is due seven (7) days from date of invoice which is issued at Completion or as otherwise agreed at the time of engagement of the Company’s services.
7d. Payment is not deemed to have been received until the Company has verified the payment has been made by clear funds.
7e. The full cost contained in the Quotation and any additional charges will become immediately due and payable if the Customer takes or has taken against it any action or proceeding, whether voluntary or compulsory, which could result in the winding up of the Customer or otherwise makes default under the Terms and Conditions.
8. Possession
In circumstances where the Customer has failed to make payment in accordance with Clause 7 hereof, the Company has the right to re-take possession of the Products from any site owned or controlled by the Customer, and the Customer grants the Company (or its duly appointed agent) an irrevocable license to enter any premise to do so without any liability for any loss or damage suffered as a consequence of such entry or re-taking of possession of the Products.
9.Force Majeure
The Company shall not be responsible for the non-fulfilment of its obligations as a consequence of Acts of God, wars, whether declared or not, riots, civil unrest, equipment failure, acts, orders or requests of any Government or any other authority, strikes, lock-outs, accidents in manufacture and any other cause beyond the control of the Company.
10. Cancellation
Cancellation of an order accepted on the basis of these Terms and Conditions can only be made by mutual consent and on terms which indemnify the Company against all losses.
11. GST and other Taxes
11a. If the Company makes a taxable supply pursuant to A New Tax System (Goods and Taxation) Act 1999 as amended, except where indicated otherwise, the amount payable for the taxable supply will be expressed as a Goods and Services Tax (“GST’) exclusive amount.
11b. The Customer is liable to pay for the taxable supply and must upon receiving a valid tax invoice, also pay any amount of GST that accrues in respect of the taxable supply at the name time as payment for the taxable supply is due.
11c. In addition to the price of Goods and any other charges it is entitled to make to the Customer, the Company shall be entitled to charge the Customer the amount of any sales tax, goods and service tax, excise, value added or other tax, impost or duty payable by the Company in respect of the Goods whether or not included in the Company’s invoice.
12. Customer’s Responsibility
12a. The Customer undertakes to maintain the Products during the term of the hire and to return the Products to the Company in the same condition as it was in when the Customer first took possession, less fair wear and tear.
12b. The Customer undertakes not to part with the possession of the Products to any person and not to cause or permit any legal or equitable lien, encumbrances to take effect or to be created over or in respect of the Products.
12c. The Customer undertakes to return the Products promptly and without retention to the Company at the end of the hire period or the return date without the necessity of the Company making a demand.
12d. The Customer shall be responsible for any loss or damage arising out of the use of the Products including any property damage or personal injury that may be caused to any Third Party and further the Customer agrees to indemnify the Company against any claims of actions whatsoever.
12e. The Customer shall be responsible for any loss or damage to any of the Products incurred during the term of the Hire and the Customer shall pay the costs incurred by the Company in fixing or replacing any loss or damaged item within seven days of being requested to do so by the Company.
13. Insurance
13a. The Customer must insure and keep insured until completion all products supplied to the Customer.
13b. Upon demand, the Customer must give the Company written details insurance.
14. Interest
Interest is payable on any amounts owing by the Customer from the due date of payment until the date that payment is received at a rate prescribed by the Penalty Interest Rate Act 1983 (Vic) calculated daily and compounded monthly.
15. Recovery Costs
The Customer shall pay all accounting fees, legal and administrative costs and expenses incurred by the Company, its legal advisers, mercantile agents and others in respect of overdue accounts or default in these Terms and Conditions or quotation.
16. Jurisdiction
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Victoria and where appropriate the laws of the Commonwealth of Australia and the parties shall submit to the non-exclusive jurisdiction of the courts of the State of Victoria.
17.Validity
If any covenant or obligations of these Terms and Conditions or Quotation shall be or become invalid or unenforceable, the remaining covenants and obligations shall not be affected thereby and each covenant and obligation of these Terms and Conditions shall be valid and enforceable to the fullest extent by law.
18. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts
Nothing in these Terms and Conditions is intended to have the effect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 as amended or the Fair Trading Acts as amended in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
