Terms And Conditions
1. Real World Epoxies Pty Ltd. ABN 50 097 487 637 (“the Company”) agrees to provide the services set out herein, and you (“the Client”) agrees to pay the charges set out herein.
2. The Company shall not be liable for any failure to perform its obligations under this agreement if such performance is prevented, hindered or delayed by causes beyond its reasonable control.
3. Limitation of Liability
- The Client’s attention is drawn to Section 68A of the Trade Practices Act 1974 (“the Act”) which has the effect of enabling supplies of goods or services (not being goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption) to limit their liability in certain circumstances for breach of certain of the conditions and warranties implied by the Act.
- Subject to the qualifications contained in Section 68A(ii) of the Act, should the Company be liable for a breach of a condition or warranty implied by Division 2 of Part IV of the Act (not being a condition or warranty implied by Section 69 of the Act) the Company’s liability for such breach should be limited to any of the following, as determined by the Company:
- In the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having goods repaired; or
- In the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- Subject to any legislation to the contrary, and to paragraph (a) and (b) of this clause, but notwithstanding any other clause of this agreement:
- Representations and agreements not expressly contained herein shall not be binding upon the Company as conditions, warranties or representations;
- All other conditions, warranties and representations on the part of the Company, whether express or implied, statutory or otherwise, whether collateral or antecedent hereto or otherwise, are hereby expressly negatived and excluded;
- The Company shall incur no liability to the Client for any loss (including but not limited to loss of profits and consequential loss) of or damaged persons or property or for death or injury caused by any act or omission (including negligent acts or omissions) of the company, its servants or agents.
- The Client hereby agrees to indemnify the Company against any claims made against the Company by any third party in respect of any such loss, damage, death or injury as set out in sub-clause iii herein.
- In the case of goods:
4. Product Guarantee
- The company guarantees its products to be free from manufacturing defects from the date of purchase for one year and with proof of purchase receipt in accordance with the terms of its Product Guarantee conditions, available from the company.
- Product guarantee can only apply if product has been paid for in full.
5. Special Conditions
In the event of the customer’s order form containing special printed conditions, the order will be accepted by us on the understanding that those special conditions are not at variance with our own, or if there is a variance, that such conditions have been waived by the customer.
All prices quoted are fixed and firm for the duration of the quoted period and are quoted in Australian Dollars. Any exchange rate variations, on specifically imported products shall be at the cost of the Client and calculated on the date of invoice.
All prices are quoted Net and exclude GST. Customers claiming GST exemption must quote their exemption number when ordering and send a confirmation order.
All items are quoted FOB Brisbane. Any costs arising from delivery charges will be at the customer’s expense, including a redelivery fee (if charged by the carrier). It is the customer’s responsibility to nominate their preferred carrier. If the customer does not nominate a carrier then the company will freight the goods using their chosen carrier.
The company shall use its best endeavours to meet delivery estimates but cannot accept liability whatsoever for failure to do so and failure to meet the delivery date shall not prejudice any further deliveries on the same order. Delivery can only be affected to your own known business address.
10. Shortages and Damage in Transit
Both the carrier and ourselves must be notified of damages to goods within three days of receipt of goods, or in cases or non-delivery or shortage – immediately upon receipt of invoice. Once the goods are dispatched to the carrier, they become the responsibility of the customer. All goods shall remain uninsured unless otherwise noted on the purchase order from the customer. Verbal authorisation will not constitute instruction.
11. Order Cancellation and or Returns
The Company may cancel this contract at any time by giving written notice. The company shall not be liable for any loss or damage whatever arising from such cancellation. No returns will be accepted for credit unless previously agreed upon. Under no circumstances can goods specially designed for the customer be returned for credit. A restocking fee may apply.
12. Settlement Terms
Full payment upfront or the client can submit an application for a predetermined payment plan consisting of monthly payments secured by a credit card. In addition, the company reserves the right to withdraw its payment plan to the Client at any time, and that when purchasing from the Company, the Client is required to pay upfront for that product.
13. Policy for Transmission of Credit Card Details
All credit card payments are processed securely through a recognized merchant payment gateway and ANZ.
14. Consumer Data and Privacy
All collected customer information will not be sold, leased, or distributed to any other third party.
15. Equitable Charge
The client as beneficial owner and/or registered proprietor now charges in favour of the Company all of the Clients estate and interest in any real property (including but not limited to any applicable land owned by the client named or described as the Clients street address in the credit application if applicable) )”Land”) to secure payment of accounts rendered by the company to the client for the delivery and/or supply of the goods including interest payable on these accounts and cost(including legal costs on a full indemnity basis) incurred by the company and including the costs to prepare and lodge a Caveat against the Land and to remove the Caveat.
The company reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the company notifies the client of such change. There terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of the state of Queensland.
17. Default and Consequences of Default
If the client defaults in payment of any invoice when due, the Client shall indemnify the Company from and against all the Company’s legal costs and disbursements for collection or attempted collection of the defaulted amount calculated on a solicitor and own client basis.
Purchasers are responsible at their own expense for obtaining any licence and complying with any regulations in force within Australia and the country for which the goods are destined.
The Client shall be responsible for ensuring the fitness of purpose of the product for the Client’s application. Every effort has been made to ensure that the information given to the Client is correct. The company accepts no liability in respect of loss arising from errors in the information provided. In no event shall any breach of contract or tort or negligence or failure of any kind on our part or that of our employees be accepted as liability for loss of revenue or consequential loss or damage arising from any cause whatsoever.
Ownership of the goods does not pass to the Client until payment in full is made and any promissory notes are fully cleared.
21. Invoice Disputes
Any problem, error or dispute arising from our invoices must be raised within 10 working days of date of issue. The client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Company.
PART 1 – DECLARATION AND AUTHORISATION
In this Declaration and Privacy Act Authorisation the Applicant and the Guarantor(s):
- Declare that to the best of their knowledge and belief, the facts, information and statements set out in this application are true and complete, and that no information which may affect the decision of Real World Epoxies Pty Ltd (“the Company”) has been withheld.
- Undertake to supply to the Company any information or facts relevant to this application which may become available or arise after the completion of this application.
- Understand and acknowledge that approval of this application for credit may be withdrawn if any false or misleading information has been given in this application.
- Agree to promptly pay to the Company all money which is lawfully owed by the Applicant to the Company, and to do so within the Company’s credit terms.
- Warrant that none of them is an undischarged bankrupt, and that there are no outstanding judgment(s) or claim(s) against any of them.
- Understand and acknowledge that this is an application only, and as such does not imply that credit will be offered to the Applicant by the Company.
- Understand and acknowledge that the Company recommends that each of them seeks independent legal and financial advice prior to signing this agreement, or obtaining any credit from the Company.
- Authorise and consent to the Company confirming details provided in this application with any person or persons who may reasonably be expected to confirm such details (for example the trade referees, the Applicant’s accountant, etc.).
PART 2 – PRIVACY ACT AUTHORISATION
In accordance with Section 18N(1)(b) of the Privacy Act 1998 the Applicant and the Guarantor(s) authorise the Company to obtain credit reports or information about my/our credit worthiness, credit standing, credit history or credit capacity.
The Company may give information about me/us to a credit reporting agency to enable the Company to obtain a consumer credit report about me/us and/or to allow the credit reporting agency to create or maintain a credit information file about me/us. The information that may be given is limited to:
- Sufficient details to identify me/us;
- The fact that I/we have applied for credit, and the amount;
- Payments which might become overdue more than sixty (60) days, or for which collection action has commenced;
- Advice that payments are no longer overdue in respect of any default which has been listed;
- Cheques drawn by me/us for amounts of at least $100.00, which have been dishonoured on presentation.
I/We agree that this information may be given before, during or after the provision of credit to the Applicant.
I/We further authorise the Company to obtain reports from a credit reporting agency or other business that provides information of our credit worthiness, and confirm and acknowledge that these reports may contain:
- Personal information about me/us;
- Personal credit information about me/us;
- Information about my/our commercial activities or commercial credit worthiness;
- Other information in relation to my/our commercial credit activities.
I/We further acknowledge that the information exchanged can include anything about my/our credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988. I/We further authorise the Company to give a current or proposed guarantor any information regarding my/our credit history (including, if applicable, a copy of the credit report).
In accordance with Section 18K(l)(c) of the Privacy Act, I/we authorise the Company to obtain from a credit providing agency, a credit report containing personal credit information about me/us to assess whether to accept me/us as an applicant or a guarantor (as the case may be) for commercial credit applied for.