Terms & Conditions
Terms & Conditions for Tech4Good Pty Ltd for Online & Offline Purchase
- DEFINITIONS. In these Terms & Conditions of Sale insolvent means insolvent or insolvent under administration (each as defined in the Corporations Law), in receivership, in receivership and management, in liquidation, in provisional liquidation, administration, wound up, subject to any arrangement, assignment or composition or protected from any creditors under any statute or dissolved (other than to carry out a reconstruction while solvent). payable in relation to an amount means an amount which is currently payable or will or may be payable in the future. person includes firm, partnership, committee, and incorporated and unincorporated bodies. “We”, “us”, “our” or the “Company” means TECH4GOOD Pty Ltd ABN 87634472352 trading as TECH4GOOD and its successors and assigns. “Customer” means the person or persons named on invoices as the customer and if there are more than one, means each of them separately and every two or more of them jointly. Goods means all products and services we supply under any contract or arrangement either online or offline between us and the customer. The singular includes the plural and vice versa. A reference to any thing includes the whole or each part of it.
- GENERAL. These terms and conditions govern all sales of goods by the Company and are the only contractual terms that bind the Company except as otherwise agreed to by the Company and Customer and those, if any, cannot be excluded by law.
- QUOTATIONS. Any quotation made by the Company is not to be construed or operate as an offer or obligation to sell. The Company reserves the right to accept or reject all orders it receives in its absolute discretion. Quotations issued by the Company are valid for 30 days unless stated otherwise.
- PRICES. The prices payable by the Customer are the Company's prices for the goods quoted to the Customer. The unit price contained in any quotation is based on the quantities of goods referred to in the quotation. If there is any variation in the total quantity of goods ordered from that quoted, the Company reserves the right to amend the unit prices quoted. Unless otherwise expressly stated, all prices are inclusive GST, and are payable by the Customer. The prices and graphics published on our site may contain technical inaccuracies or errors. We reserve the right not to accept a price incorrectly listed, prices are subject to change without notice.
- PAYMENT. Unless otherwise agreed to by the Company or otherwise provided on the Company's invoices or price lists, payment for the goods and all other costs and expenses payable in accordance with these terms and conditions must be made to the Company as specified on the relevant invoice or as otherwise agreed. By default an invoice term is that a deposit payment of a particular percentage is required to confirm an order, however this requirement may be waived or altered (by a percentage or in entirety) by agreement with the Company either before or after an invoice bearing this term has been issued. If the Customer delays or defaults in respect of any payment including the deposit payment, the Company reserves the right, in addition to other remedies it may have to charge interest at a rate 3% per month, such interest to be calculated from the date payment was due to the date of full payment by the Customer. Any payment by the Customer will be credited first against the interest accrued to the date of payment. Any storage fees incurred as a result of the late payment will also be passed on to the Customer. Any deposit or prepayment paid by a Customer will be forfeited if the Customer decides not to proceed with the transaction for any reason whatsover.
- CREDIT- Where the Company agrees to a credit arrangement with the Customer, the Company reserves the right at any time to suspend or revoke that credit facility or to change credit terms when in the Company's sole opinion the financial condition of the Customer so warrants. The Customer agrees that a condition of approval of a credit account with the Company may be a request for the Customer to provide personal guarantees from its directors or a banker's guarantee, or both. The Customer undertakes to inform all directors or proprietors listed on the Credit Application Form that items of personal information about them disclosed in the application that are permitted to be kept on a credit information file may be disclosed to a credit reporting agency or debt collecting agency
- INSPECTION. Any inspection required by SGS, Bureau Veritas, Intertek, QIMA or similar will be performed only upon specific request from Customer in Purchase Order and will be performed at Customer's cost unless agreed otherwise between the parties.
- INFORMATION AND DRAWING. All descriptive specifications, illustrations, drawings, data, dimensions and weights supplied by the Company or otherwise contained in catalogues, price lists or other advertising matter of the Company are approximate only and are intended to be by way of general description of the goods. Such descriptive specifications do not form part of the contractual description of the goods unless agreed to in writing by the Company, in which case such they are subject to recognised trade tolerances.
DELIVERY AND LIABILITY.
Where the Company has agreed to deliver goods to the Customer warehouse and those goods are delayed, lost or damaged as a result of an act, neglect or default of the Company, the Company's liability to the Customer is limited to either the replacement or repair of any goods lost or damaged. Any claims against the Company for such delay, loss or damage must be made within three (3) days of the date of delivery. The Customer indemnifies the Company against all loss and expenses incurred by the Company, including any additional transport and storage charges, as a result of the Customer failing to take delivery of goods as agreed with the Company. In all other circumstances the Customer must limit any claim upon Tech 4 Good Pty Ltd relating to the goods, to the cost of providing services to source replacement goods.
- ACCEPTANCE. The Customer must notify the Company in writing, within seven (7) days of the date of delivery to their warehouse or other delivery address specified for the order, of any non-compliance or quality issues with the order (subject to the usual trade tolerances relating to weight, dimension and processing). If the Customer fails to give that notice then, to the extent permitted by statute, the goods shall be deemed to have been accepted by the Customer and the Customer must be responsible for payment for the goods in accordance with the order and these terms and conditions. Packing Lists are available from our manufacturers which will be deemed to provide conclusive evidence of the quantity and quality of goods shipped, unless Customers commission their own pre shipment inspections from SGS, Bureau Veritas, Intertek or QIMA which will also then be deemed to be conclusive evidence of the quantity and quality of goods shipped.
RISK. Risk in goods supplied by the Company passes on delivery to the Customer or its agent, such as its freight forwarding agent. If the Customer fails to take possession of the goods within seven (7) days of being notified that the goods are ready for delivery:
(a) risk in those goods passes to the Customer;
(b) the Customer must pay for the goods in accordance with these conditions of sale; and
(c) the Customer will indemnify the Company against all loss and expenses incurred by the Company, including any additional transport and storage charges, as a result of such failure.
- TITLE. Notwithstanding clause 10, title to goods remains with the Company until all monies owing in respect of those goods, including any amounts payable under clause 10(c), are paid by the Customer. Until such payment is received, the Customer must hold the goods as bailee for the Company, subject to the Customer's right to deal with the goods in the ordinary course of business. If the goods are sold or consumed in the ordinary course of business, the Customer must hold any monies received on trust for the benefit of the Company. The Customer grants the Company an irrevocable licence to enter at any time, the premises of the Customer or any other premises under the Customer's control, for the purposes of repossession of goods owned by the Company.
TERMINATION. The Company may terminate any contract for the supply of goods if:
(a) the Customer fails to pay any amount owing to the Company within 14 days of the date for payment;
(b) the Customer becomes insolvent;
(c) execution is levied against any of the Customer's goods; or
(d) the Customer is placed in liquidation, whether voluntarily or otherwise.
WARRANTIES. (a) The only conditions and warranties that are binding on the Company in respect of the state, quality or condition of the goods supplied by it to the Customer are those imposed and required to be binding by statute (including the Trade Practices Act 1974) To the extent permitted by law, the liability of the Company arising from the breach of such conditions or warranties is, at the Company's option, limited to the replacement or repair of the actual faulty goods supplied to the Customer if the number of faulty goods exceeds the Acceptable Quality Limit (AQL) specified by the manufacturer for the particular goods. Otherwise all other conditions and warranties, whether expressed or implied by law in respect of the state, quality or condition of the said goods which may apart from this clause be binding on the Company are expressly excluded.
WARRANTIES. (b) Except to the extent provided above the Company will not be liable (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the goods, including without limitation any failure, breakdown, defect or deficiency in the goods.
PRIVACY- Where the Customer provides personal information about its personnel or referees to the Company in the course of purchasing products from the Company, or applying for a credit account with the Company, the Customer undertakes to notify the relevant personnel that:
(a) their details have been provided to the Company;
(b) the purpose of that disclosure is to enable the Company to provide products to the Customer or to assess and administer a credit account with the Customer;
(c) they may request access to that information by writing; and
(d) the Company may disclose that information to its suppliers, agents and other organisations that the Company has arrangements or alliances with in the course of supplying products to the Customer or for the purpose of promoting the products or services of those entities to the Customer.
- JURISDICTION. These conditions are to be governed and interpreted according to the laws of Victoria and the Company and the Customer consent and submits to the jurisdiction of the Courts of Victoria, Australia.