Doing Business with Smart Repair Australia Pty. Ltd. -Terms of trade
In these conditions unless the context otherwise requires:
- Company means Smart Repair Australia Pty. Ltd.
Buyer means the person, or company (including any Director/s of the Buyer) buying the Services or Goods from the Company.
- Services and/or Goods mean the products and/or services being purchased by the Buyer from the Company.
- Contract means the contract between the Company and the Buyer for the purchase of the service or goods.
- Date of the contract means where the contract arises from a quotation given by the Company, i) the date of acceptance of the order by the Company; or ii) Where the contract arises from a quotation given by the Company, the date upon written or verbal confirmation of acceptance of the quotation and subsequently these TERMS AND CONDITIONS is received by the Company.
- Contract price means the price of goods as agreed between the Buyer and the Company.
- Person includes a corporation, association, firm, company, partnership or individual. Quotation shall mean price on offer for a Service or supply of goods.
- Manager is the companies appointed decision maker.
The Buyer may request a Quotation from the Company setting out the price and quantity of the Service or Goods to be supplied. If the Quotation is acceptable to the Buyer, the Buyer may place an order within an acceptable timeframe.
If any instruction is received by the Company from the Buyer for the supply of the Services or Goods, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.
4. Terms and Conditions
These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the services or goods made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of the buyer or any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
5.1. The Price shall be as indicated on invoices provided by the Company to the Buyer in respect of products and/ or services supplied; or
5.2. The Price shall be the Price of the Company’s current Price at the date of delivery of any goods.
5.3. Time for payment for the products and/or services shall be of the essence and will be stated on the invoice, quotation, tender documents, work authorisation form or any other work commencement forms and any extension is at the discretion of the Company. If no time is stated then payment shall be due on delivery of any Goods or Services or as agreed between the Company (Seller) and the Buyer.
5.4. The Buyer agrees that the cost price of the Services or Goods shall be determined by the Company.
5.5. The Company reserves the right to implement a surcharge for alterations to specifications of the Services or the Goods after the order has been placed.
6. Payment, Late Payment, Default of Payment and Consequences of Default of Payment
6.1. The method of payment will be made by cash, or by cheque, credit card or by direct credit to the Company`s bank account by EFT means, or by any other method as agreed to between the Buyer and the Company.
6.2. Subject to any provision to the contrary in the Contract, payment shall be received on or before the due date for payment as stated verbally by the Company or as stated on the quote or invoice. An invoice shall be issued by the Company promptly on or after delivery of the Services or Goods.
6.3. Late payment shall incur interest at the rate of 12% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract calculated from 30 days following the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.
6.4. Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Services or Goods to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.
6.5. In the event that:
- any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
- the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law
- the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
- Any costs incurred by the Company in recovering monies owed shall also be recoverable from the Buyer and together with the original amount owing (plus interest) shall form the total sum recoverable from the Buyer (ie. Debt collection costs, Court costs etc)
7. Governing laws
These Terms of Trade will be interpreted in accordance with either the Australian Federal or State Government legislations, which will have exclusive legal jurisdiction over any dispute in relation to the Services or Goods or these Terms of Trade.
8. Dispute resolution
The Company will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
9. Reservation of title
Ownership and title of the Services or Goods remains with The Company until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to The Company, have been paid in full.
The Company warrants that it will repair or make good any defects in the Services or Goods, if written notice of the claim is received by the Company within seven (7) days from the date the Services or Goods were delivered. No claim shall be accepted under such warranty if any attempt to repair the defective Services or Goods is made by any person not authorised by the Company, or if the defective Services or Goods have been modified or incorrectly stored, maintained or used in any manner detrimental to the Services or Goods. If the Company elects to repair or replace any defective Service or Goods, such work shall be undertaken at such place as the Company may reasonably specify and the Buyer shall be responsible at its cost and risk for shipment of the defective item to be Serviced or Goods to the place specified.
The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Company against any claim by any such person.