Terms and Conditions

Terms & Conditions

Definitions & Interpretation

1 In these Terms and Conditions, unless the context otherwise requires:

(a) We and Us means SiteTech Solutions Pty Ltd - ABN 93 145 768 663 - 4/74-80 Fitzgerald Rd, Laverton North, VIC, 3026

(b) You means the person to whom Goods or Hire are supplied by us.

(d) Including and includes are not words of limitation.

(e) Loss means any loss, cost, damage, liability, expense or other detriment suffered or incurred by a person and includes direct, indirect or consequential loss or damage.

(f) Terms and Conditions means the terms and conditions set out below.

General

2 Unless otherwise agreed in writing by the parties, these Terms and Conditions will be the only terms and conditions on which we will supply the Goods to you.

Delivery

3 Unless notified in writing by you, all Goods and/or Hire will be dispatched to the address set out on your purchase order.

4 We may make partial deliveries against an order and to invoice each partial delivery separately unless otherwise agreed in writing.

5 You cannot reject Goods on the basis of partial or late delivery.

6 We reserve the right, irrespective of whether or not your order has been accepted and without notice to you, to withhold supply to you or cancel your order where:

(a) We have insufficient Goods to fulfill the order;

(b) We cannot supply the Goods at the prices quoted in the Customer Quote due to causes outside our control;

(d) We have determined (in our absolute discretion) that credit should no longer be extended to you.

7 Delivery dates are given as a guide only. We will not be liable for any Loss incurred or suffered by you as a result of any delay in delivery or withholding of supply of any Goods and/or Hire and you are not entitled to claim any compensation, to cancel the order or to terminate the agreement between us and you in the event of delay or the withholding of supply.

(a) Working hours between 8.00am and 5.00pm Monday to Friday (excluding public holidays).

Price and Payment

8 If GST is imposed in respect of any supply of Goods and/or Hire by us, we may recover the amount of GST from you in addition to the price of the Goods and/or Hire. We will provide a tax invoice to you.

9 Unless otherwise agreed by us in writing, all invoices are due and payable prior to the dispatch of goods to you.

10 We may, at our sole discretion, offer credit terms to you. If you fail to pay any invoice or progress payment in full by the due date, we will be entitled to:

(a) Charge interest on the outstanding amount at 12% per annum calculated and payable daily, compounded from the due date until the amount is paid in full;

(b) Amend your credit terms with us

(c) Charge to you any costs that we have incurred in the collection of outstanding monies owed by you to us, including but not limited to, credit agency and/or legal collection costs and administration expenses.

(d) Cancel or suspend any further delivery of Goods and/or Hire to you until the outstanding amount (plus interest) is paid.

11 You may not refuse or suspend payment to us by way of set-off, counterclaim or remedy for any alleged or actual failure by us to fulfill our obligations under these Terms and Conditions.

12 We may impose a surcharge of 1.5% for all purchases made by credit card.

Minimum Orders

13 We reserve the right to specify the minimum order value of $350+GST for Goods and to impose a delivery or handling charge

Title and Risk

14 The title and property of all goods remain with us until payment is complete. Until that time the rights of You to use the goods are as a Bailee only. The title and property of all goods purchased from us remain with us until paid in full. Should you not make payment for the Goods, you will be liable to return the Goods to us. We will not be liable for any Loss you may incur to remove the Goods, return fixtures to a condition prior to receipt/installation of the Goods and/or Hire (not limited to but including building and plumbing works).

15 You irrevocably appoint us as your attorney to do all acts and sign all documents necessary to enable us to enforce our rights in accordance with clauses 19, including without limitation to enter onto your premises to recover the Goods. This power of attorney shall become effective upon any default by you of your obligations under these Terms and Conditions, sufficient proof of which shall be a statutory declaration from one of our directors.

16 Notwithstanding the provisions of clauses 19 and 20, you accept all risk of Loss to the Goods, whether caused by you or not, following delivery of the Goods and/or Hire to you.

Returns

17 Except where the Australian Consumer Law applies and provides otherwise, We will not accept returns of Goods for credit without prior authorisation (at our sole discretion). We must be notified of return requests within 10 days of receipt of the Goods and/or Hire by you.

18 Subject to clause 23, any Goods and/or Hire which you return for credit will only be accepted if they are in the original packaging (if delivered in packaging), in pristine and saleable order and condition and accompanied by documentation showing:

(a) Customer’s name, address and account number;

(b) Our invoice number; and

19 If we authorise the return of any Goods, you are responsible for the coordination and expense of the return. We may at our sole discretion charge a restocking fee of up to 25% of the invoice value.

Cancellations

20 No special indent order may be cancelled or changed, nor Goods and/or Hire returned without prior consent.

Exclusion of Warranties and Limitation of Liability

21 Except where the Australian Consumer Law applies and provides otherwise, We are not responsible for damage to the Goods and/or Hire or any third party’s property (including your property) resulting from inappropriate storage, fair wear and tear, defective or careless handling or use or inappropriate operating means in respect to the Goods.

22 Except as provided for by law, we make no representations or warranties, express or implied, regarding any matter, including merchantability or fitness for a particular use or purpose, and all implied warranties arising from a course of dealing, usage or trade practice, or other representation of the performance or nature, in relation to the Goods and/or Hire.

23 To the extent permitted by law, we limit its liability under any condition or warranty which cannot legally be excluded to:

(a) the replacement of the Goods and/or Hire or the supply of equivalent goods;

(b) The payment of the costs of replacing the Goods or of acquiring equivalent goods, by credit to your account in cash or cheque, at our absolute discretion; or

(c) Repayment of any part of the purchase price of the Goods which has been paid by you, by credit to your account, in cash or by cheque, at our absolute discretion.

24 Under no circumstances will we be liable to you for:

(a) any loss of profit; or

(b) any indirect or consequential damages.

25 We will not be liable for any council or statutory body fines.

Claims

26 Except where the Australian Consumer Law applies and provides otherwise, any claims by you for short supply by us must be made within 7 days of delivery of the Goods and/or Hire.

27 Any other claims for adjustment to any invoice must be made in writing to us within 60 days of the delivery of any Goods and/or Hire.

Australian Consumer Law

28 You may have rights under the Australian Consumer Law. Nothing in these terms and conditions is or is intended to exclude or limit the operation of the Australian Consumer Law, or to exclude any guarantees in relation to the Goods pursuant to the Australian Consumer Law.

If the Australian Consumer Law applies, you may be entitled to the rights and remedies contained in the Australian Consumer Law. You should contact the Australian Competition and Consumer Commission for more information about these rights.

Confidentiality

29 You must keep confidential all Confidential Information you receive from us and return such Confidential Information to us immediately on request. Confidential Information means information (whenever it was obtained) in relation to our business, pricing, operations or strategies or property that is confidential but excludes information that is in the public domain.

Entire Agreement

30 These Terms and Conditions constitute the entire terms and conditions between you and us.

Severability

31 If any term or condition or part of a term or condition is illegal, unenforceable or invalid, that term or condition or part of the term or condition is to be treated as removed from these Terms and Conditions, but the rest of these Terms and Conditions are not affected.

Variation

32 We may vary these Terms and Conditions by providing written notice to you. Any variation will become effective within 7 days after our notification to you, unless you notify us otherwise in writing. If you do not accept any variation, We shall be entitled to terminate any agreement with You that is governed by these Terms and Conditions by providing you with reasonable notice.

Waiver

33 Any failure by a party to exercise any of its rights or powers under these Terms and Conditions is not a waiver of those rights or powers. A waiver is only effective if it is in writing.

Assignment

34 You cannot assign, transfer or otherwise dispose of any of the benefits or burdens of this or any other contract with us without the prior written consent of us.

Disputes

35 Disputes shall preferably be settled quickly and by negotiation. In the event that a dispute has not been settled within four (4) weeks (or such a period mutually agreed between the parties), the parties agree that the dispute shall be resolved by mediation conducted in accordance with the Australian Commercial Disputes Centre mediation procedures and that both parties have the right for legal representation.

Governing Law

36 These Terms and Conditions are governed by and must be construed in accordance with the laws of Victoria.

Advertising

37 We reserve the right to use our standard advertising on all SiteTech products.