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1. Quotations Any quotation made by the Supplier may be withdrawn or varied at any time prior to acceptance by the Customer. No cancellation after acceptance of order will be effective unless agreed to in writing by the supplier. 2. G.S.T. 10% GST is included in any quotation made by the Supplier to the Customer unless otherwise stated. 3. Governing Law Notwithstanding any rule or implication of law to the contrary, all contracts between the Customer and the Supplier shall be deemed to be made construed and to be enforceable in and according to the laws of the State of Victoria and by mutual consent to be subject to the jurisdiction of all the courts of that State. 4. Credit Facilities If the Supplier grants credit facilities to the Customer, all accounts are to be settled in full within thirty days of the Supplier's invoice. Any account that is outstanding beyond 60 days will incur a penalty interest rate and any account outstanding beyond 90 days will go into a default status pending legal action 5. Default Any expenses costs or disbursements incurred by the Supplier in recovering any outstanding monies from the Customer including debt collection agency fees and solicitor's costs (full indemnity basis) shall be paid by the Customer. 6. Return The Customer shall inspect the goods upon delivery and advise the Supplier in writing within seven days of delivery of any faults or if not according to order. Subject to acceptance by the Supplier of liability, the Supplier may at its option either replace the goods or repair the goods. The Customer shall return the goods to the Supplier at the Customer's cost. 7. Payment If the Customer fails to advise the Supplier in the manner and within the period mentioned in clause 6 then notwithstanding any fault, the Customer shall be liable to pay for the goods and the Supplier shall not be liable for any faults in such goods or for any claim damage expenses or costs relating thereto and the Customer shall hold harmless and keep indemnified the Supplier therefrom. 8. Delay The Supplier will not in any circumstances be liable for any claim liability expense or cost emanating directly or indirectly from non-delivery or delay caused by circumstances beyond the control of the Supplier even indirectly effecting the availability of goods. In such circumstances the Supplier may unilaterally suspend any delivery for any period and/or cancel any agreement for sale without any liability whatsoever in consequence thereof. 9. Liability 9.1 The Supplier shall not in any circumstance be liable for any claim liability expense or cost arising even indirectly from any fault or weakness in the goods whether inherent or not nor in respect of faulty or defective job practices beyond the control of the Supplier and the Customer shall hold harmless and keep indemnified the Supplier therefrom. 9.2 All information given by the Supplier to the Customer is given in good faith, but the Supplier will not be bound by any warranty, condition, representation or statement unless it is outlined herein in writing and the Supplier shall have no liability whatsoever whether in contract, tort or otherwise for any consequential loss, injury, damages or expenses suffered or incurred whether directly or indirectly by the Customer or any of the customer's agents or employees or any other person using the goods provided by the Supplier. 9.3 All transactions between the Customer and the Supplier shall unless the parties agree otherwise in writing be subject to these terms and conditions and to the extent permitted by law no terms other than these terms and conditions and those contained in any document attached hereto and initialed on behalf of the Customer and the Supplier shall be included as part of any contract between the Supplier and the Customer. Unless specifically referred to or contained in a document signed or initialled on behalf of both the Customer and the Supplier there shall be no contract between the Customer and the Supplier collateral hereto. 10. Intellectual Property The Customer shall indemnify, keep indemnified and hold harmless the Supplier in respect of any claims made against the Suppler or costs incurred by the Suppler in relation to the infringement of patents arising from the Supplier's compliance with the Customer's designs instructions or requirements. Any intellectual property (including but not limited to copyright) discovery invention or secret process or improvement in procedure created, made, written, discovered or brought into existence by the Supplier in connection with the manufacture or provision of goods to or for the Customer shall the sole property of the supplier as sole beneficial owner of the same. 11. Title Legal and beneficial ownership of any goods suppled to the Customer shall be retained by the Supplier until payment for those goods has been received by the Supplier in full or until the Customer sells the goods to a third party who has no notice of these terms and who purchases the goods by way of a bona fide sale at full market value. Until payment in full has been received by the Customer or until the goods have been bona fide sold to a third party in good faith at market value the Suppler may remove the goods and for that purpose may by its agents or employees without notice enter upon any premises in or upon which the goods are situated or reasonably supposed by the Suppler to be situated without committing a trespass and the Customer shall indemnify the suppler against any costs losses damages expenses or any other monies expended or losses suffered by the Customer or a third party as a result of the Supplier retaking possession of the goods. 12. Insolvency Notwithstanding any terms outlined in these terms and conditions to the contrary all monies owing by the Customer to the Supplier including the cost of repossession and resale of any goods or as much as may be outstanding shall immediately become due and payable to the Supplier upon the happening of any event or the issue against or service on the Customer of any notice or proceedings in any way concerning the Customer's solvency or payment of its debts. 13. Guarantee If a guarantee has been given in favour of the Supplier by persons associated with the Customer then the "terms and conditions" referred to in that guarantee are the terms and conditions contained herein. By using this website's facilities, or ordering a product using this website as a guide, you agree to be bound by these terms and conditions. Shelcom Corporate Services reserves the right to alter and/or amend these Terms and Conditions at any time without notice. |
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