The following applies to and forms part of any contract for the supply of goods or services by Tracklander Pty Ltd (hereinafter referred to as “the Company”) to the party completing the application (hereinafter referred to as “the Customer”) annexed to these conditions. These terms are effective from the date of acceptance by the Customer and may be amended or superseded from time to time by notice given by the Company by any means. Credit facilities may be suspended or withdrawn by the Company at any time and without notice. Liability for accounts held in more than one name shall be joint and several. These Terms and Conditions take precedence over any terms and conditions set out in the Customer’s Purchase Order, to the extent of any inconsistency.
Payment: Payment for goods or services supplied shall be made as follows:
- Goods purchased on line must be paid for through the facilities available on the company website.
- Goods purchased as a result of a consultation process must be either paid for in full at time of order, or alternatively a 30% deposit must be paid at time of order, followed by payment in full of balance upon receipt of goods.
- A 30 day Trading account may be established if purchases are consistently over one thousand dollars per month for 3 months and estimated to be consistently above this ongoing. Accounts must be paid in accordance with the agreed 30 Day Account payment terms (see “Definitions”).
Definitions: 30 Day Account ? means that payment for any purchase for which an invoice is issued is due and payable no more than 30 days from the end of the month during which the invoice is issued.
Interest: Interest on overdue accounts may be charged at a rate not exceeding the prevailing bank overdraft rate and, further, the Customer expressly undertakes to pay all such interest.
Collection Expenses: Should it be considered necessary by the Company to incur legal and/or other expenses, including any such expenses to any debt collection agency, in obtaining or attempting to obtain payment of any amount due by the Customer, the Customer shall be liable for such expenses. The Customer further acknowledges that those expenses will be calculated on a commission basis at a percentage rate of up to 22% of the amount owing and expressly agrees to pay those expenses irrespective of the amount of work actually performed by the agency. Amounts received by the Company may be applied first against interest, charges and expenses.
Charging of Assets: the Customer hereby charges in favor of the Company all its estate and interest in any land and in any other assets, whether tangible or intangible, in which it now has any legal or beneficial interest or in which it later acquires any such interest, with payment of all monies owed by the Customer and consents to the lodging by the Company of a caveat or caveats which note its interest in that real property.
Retention of Title and Right of Access: Property in all the goods supplied shall remain vested in the Company and shall not pass to the Customer until all monies owing by the Customer to the Company together with all collection, repossession and/or legal costs incurred, have been paid in full. In the event that the Customer defaults in the payment of any monies owing hereunder, the Company and its employees or agents shall have the right to enter without notice upon the Customer’s premises or any other premises where the goods are known to be stored to repossess the goods and for this purpose the Customer shall grant reasonable access rights and the Company and its employees or agents shall be entitled to do all things required to secure repossession.
Risk: Unless otherwise agreed in writing, the risk in the goods purchased shall pass to the Customer upon delivery to the Customer or its agent or a carrier commissioned by the Customer. The Company shall not be liable for any loss or damage (including consequential loss or damage) arising from delay in delivery or failure to deliver due to circumstances beyond its control.
Warranty: The Company warrants that the goods supplied shall be of merchantable quality (second?hand or re?conditioned goods shall be so specified). The Company does not warrant that the goods are fit for a particular purpose and, except as otherwise stated herein, warranties relating to title, defects or conformity of the goods are expressly excluded. The liability of the Company to the Customer is limited to the replacement or repair of the goods or refund of the paid price or payment of the cost of repair of the goods.
Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of the State of Western Australia and, where applicable, the Commonwealth of Australia, and the Customer submits to the non?exclusive jurisdiction of the courts of Western Australia.
Ownership: This agreement is made in respect of the owners of the Customer as at the date of application. The Customer agrees to notify the Company in writing within seven (7) days of any change whatsoever in ownership structure and, further, indemnifies the Company against any loss or damage that may result from the Customer’s failure to notify the Company of any such change.
General: The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of the remaining provisions. Clerical errors are subject to correction and do not bind the Company. Headings are for ease of reference only and do not form part, or affect the interpretation, of these Terms and Conditions.