TERMS AND CONDITIONS
The following trading terms and conditions, as amended from time to time (“Trading Terms”), shall apply to all goods sold by Hallmic Investments Pty Ltd (trading as Eastern Cleaning Supplies) ABN 85 541 061 712 to its Customer. These trading terms and conditions do not restrict or modify any conditions, warranty, guarantee, right or remedy implied by law which, by the terms of the law cannot be excluded, restricted or modified.
Trading Terms & Conditions
1. INTERPRETATION
In these conditions:-
(a) “Eastern Cleaning Supplies” means Hallmic Investments Pty Ltd ABN 85 541 061 712 of 247 Colchester Road, Kilsyth, Victoria
(b) “Customer” means the Customer of Goods.
(c) “Goods” means the goods and merchandise supplied by Eastern Cleaning Supplies from time to time.
2. APPLICATION AND VARIATION
Please follow these conditions as set out by Eastern Cleaning Supplies.
3. PRICES
3.1 The price for the Goods shall be the current price charged by Eastern Cleaning Supplies at the date of purchase, unless otherwise agreed between Eastern Cleaning Supplies and Customer.
3.2 Eastern Cleaning Supplies may vary any prices prior to delivery without notice to the Customer.
4. Eastern Cleaning Supplies QUOTATION
4.1 Quotations are valid for 30 days. Eastern Cleaning Supplies reserves the right to refuse any order.
4.2 All prices are inclusive of GST.
5. SHORTAGE / DISCREPANCIES
Any shortages or discrepancies of goods delivered must be made to Eastern Cleaning Supplies within 7 days from the date of receipt of the Goods by the Customer.
6. DELIVERY
6.1 Eastern Cleaning Supplies is not responsible for any loss or damage to the Goods in transit after dispatch from the Eastern Cleaning Supplies premises by freight companies where are own delivery van is not being used. All freight companies are deemed to be agents of the Customer.
6.2 Any delivery times made known to the Customer are estimates only and Eastern Cleaning Supplies shall not be liable for late delivery or non-delivery including for any loss, damage or delay occasioned to the Customer or its customers arising from late or non-delivery of the Goods.
6.3 The Goods may be delivered in installments and each delivery shall be regarded as a separate contract.
6.4 Eastern Cleaning Supplies may refuse to deliver Goods to the Customer where the Customer is overdue on any payment owing.
6.5 If Eastern Cleaning Supplies is unable to deliver Goods due to any cause beyond its control it may suspend delivery or cancel the Customer’s order without incurring any liability for loss or damage suffered by the Customer. The Customer may not cancel or refuse delivery of any suspended order without consultation with Eastern Cleaning Supplies.
6.6 Eastern Cleaning Supplies may levy an additional freight charge where urgent delivery is requested by the Customer or where the delivery location is outside of the defined Melbourne Metropolitan area.
6.7 A freight charge is applicable for orders of Goods less than an amount as determined by Eastern Cleaning Supplies.
7. PAYMENTS
7.1 The Customer will pay Eastern Cleaning Supplies the purchase price of the Goods no later than 30 days from the end of the month. It is the Customer’s responsibility to ensure that the appropriate funds are delivered by the due date.
7.2 Eastern Cleaning Supplies reserves the right to impose a surcharge on some credit card payments.
7.3 If any cheque issued by the Customer in payment for the Goods is dishonored, Eastern Cleaning Supplies may refuse to supply any further Goods, until satisfactory payment is received in full. Any dishonor fee(s) charged to Eastern Cleaning Supplies will be recoverable in full from the Customer.
7.4 Any costs incurred by Eastern Cleaning Supplies in collecting monies due and payable including the the fee of any mercantile agencies or solicitors appointed by Eastern Cleaning Supplies will be recoverable in full from the Customer.
7.5 If the Customer has not paid for any goods on the due date for payment a late payment fee of 15% per annum calculated daily will be charged on unpaid amounts from the due date for payment to the date of actual payment.
8. CANCELLATIONS
No order may be cancelled or Goods returned without consultation with Eastern Cleaning Supplies.
9. WARRANTIES AND/OR GOODS RETURNED
9.1 Eastern Cleaning Supplies will not accept returns unless they are in a clean state, free of Customer price stickers and other Customer in-store labelling.
9.2 Eastern Cleaning Supplies is not obliged to accept unauthorised returns, which may be returned to the Customer at the Customer’s expense.
9.3 Customers are responsible for returning product, the cost of which may be credited to the Customer’s account if the product proves to be faulty.
10. RETENTION OF TITLE
10.1 Legal ownership of Goods shall remain with Eastern Cleaning Supplies until Eastern Cleaning Supplies has received full payment for all Goods supplied by Eastern Cleaning Supplies to the Customer.
10.2 Prior to the transfer of title of the Goods from Eastern Cleaning Supplies to the Customer, the Customer shall be bailee of the Goods for Eastern Cleaning Supplies only and the Customer expressly acknowledges that it owes a fiduciary duty to the Vender not to deal with the Goods contrary to the Trading Terms.
10.3 From the despatch of the Goods by Eastern Cleaning Supplies to the Customer, the Goods are at the Customer’s risk.
10.4 Eastern Cleaning Supplies will have the right to retake possession of any Goods which have not been paid for in accordance with Eastern Cleaning Supplies’s terms of payment.
10.5 The Customer irrevocably gives Eastern Cleaning Supplies and its agents the right to enter upon the Customer’s premises (whether occupied by the Customer, or another or unoccupied) without giving notice and to search for and remove any of the Goods and to keep and re-sell them without in any way being liable to the Customer or to any person or company claiming through the Customer, and the Customer will indemnify and keep indemnified Eastern Cleaning Supplies in respect of any claim arising out of any act of Eastern Cleaning Supplies under this clause 10.5.
11. WARRANTEES, GUARANTEES AND CONDITIONS
11.1 All warranties for goods sold to the customer will be limited to the terms and conditions specified by the goods manufacturer and / or wholesale supplier in writing.
11.2 Verbal representations or terms expressed verbally (including any condition or warranty expressed) shall not be accepted unless specified in writing or covered by statute or consumer laws.
11.3 Where a claim under warranty is made, it is the customers responsibility to return the goods to the company. All transport costs incurred will be borne by the customer unless prior arrangements have been made between the customer and the company.
11.4 Under no circumstances will Eastern Cleaning Supplies be liable for indirect or consequential loss of any kind whatsoever.
11.5 Except as otherwise provided by law, no action or claim may be brought against Eastern Cleaning Supplies unless notice of such claim is brought within 30 days of dispatch of the Goods to the Customer and Eastern Cleaning Supplies shall be released from all or any liability unless proceedings are brought in a Court of competent jurisdiction within one year of accrual of any cause of action.
12. LIMITATION OF LIABILITY
No liability whatsoever (except as provided by law) will be accepted by Eastern Cleaning Supplies for any direct or indirect loss or damage (including loss of forecasted or actual revenue or profits, loss of livelihood or goodwill or unanticipated incurring of debt) relating to delivery of Goods, account suspension or closure or any other act or omission on the part of Eastern Cleaning Supplies or any of its servants, agents or contractors. Where liability is accepted, it is limited (except as provided by law) to the payment of the cost of having product re-supplied.
13. GOVERNING LAW
So far as the law allows, the Trading Terms shall be governed by and construed in accordance with the law of Victoria, Australia, and the parties agree to submit to the jurisdiction of the Courts of that jurisdiction to the exclusion of the Courts of any other jurisdiction which may otherwise be available.
14. SEVERABILITY
Any provision of the Trading Terms which is invalid in any jurisdiction is invalid in that jurisdiction to that extent only, without invalidating or affecting the remaining provisions of the Trading Terms or the validity of that provision in any other jurisdiction.
15. REPAIR / SERVICE OF CUSTOMER GOODS
15.1 The customer accepts that all electrical and/or mechanical repairs are performed in accordance with state, federal and workplace safety laws.
15.2 Machinery and appliances brought to the company for repair which, in the opinion of a qualified technician, are presented to the company in an unsafe condition will not be allowed to be taken away by the customer unless the unsafe condition is rectified or unless the machine or appliance is made inoperable by a qualified technician.
In these conditions:-
(a) “Eastern Cleaning Supplies” means Hallmic Investments Pty Ltd ABN 85 541 061 712 of 247 Colchester Road, Kilsyth, Victoria
(b) “Customer” means the Customer of Goods.
(c) “Goods” means the goods and merchandise supplied by Eastern Cleaning Supplies from time to time.
2. APPLICATION AND VARIATION
Please follow these conditions as set out by Eastern Cleaning Supplies.
3. PRICES
3.1 The price for the Goods shall be the current price charged by Eastern Cleaning Supplies at the date of purchase, unless otherwise agreed between Eastern Cleaning Supplies and Customer.
3.2 Eastern Cleaning Supplies may vary any prices prior to delivery without notice to the Customer.
4. Eastern Cleaning Supplies QUOTATION
4.1 Quotations are valid for 30 days. Eastern Cleaning Supplies reserves the right to refuse any order.
4.2 All prices are inclusive of GST.
5. SHORTAGE / DISCREPANCIES
Any shortages or discrepancies of goods delivered must be made to Eastern Cleaning Supplies within 7 days from the date of receipt of the Goods by the Customer.
6. DELIVERY
6.1 Eastern Cleaning Supplies is not responsible for any loss or damage to the Goods in transit after dispatch from the Eastern Cleaning Supplies premises by freight companies where are own delivery van is not being used. All freight companies are deemed to be agents of the Customer.
6.2 Any delivery times made known to the Customer are estimates only and Eastern Cleaning Supplies shall not be liable for late delivery or non-delivery including for any loss, damage or delay occasioned to the Customer or its customers arising from late or non-delivery of the Goods.
6.3 The Goods may be delivered in installments and each delivery shall be regarded as a separate contract.
6.4 Eastern Cleaning Supplies may refuse to deliver Goods to the Customer where the Customer is overdue on any payment owing.
6.5 If Eastern Cleaning Supplies is unable to deliver Goods due to any cause beyond its control it may suspend delivery or cancel the Customer’s order without incurring any liability for loss or damage suffered by the Customer. The Customer may not cancel or refuse delivery of any suspended order without consultation with Eastern Cleaning Supplies.
6.6 Eastern Cleaning Supplies may levy an additional freight charge where urgent delivery is requested by the Customer or where the delivery location is outside of the defined Melbourne Metropolitan area.
6.7 A freight charge is applicable for orders of Goods less than an amount as determined by Eastern Cleaning Supplies.
7. PAYMENTS
7.1 The Customer will pay Eastern Cleaning Supplies the purchase price of the Goods no later than 30 days from the end of the month. It is the Customer’s responsibility to ensure that the appropriate funds are delivered by the due date.
7.2 Eastern Cleaning Supplies reserves the right to impose a surcharge on some credit card payments.
7.3 If any cheque issued by the Customer in payment for the Goods is dishonored, Eastern Cleaning Supplies may refuse to supply any further Goods, until satisfactory payment is received in full. Any dishonor fee(s) charged to Eastern Cleaning Supplies will be recoverable in full from the Customer.
7.4 Any costs incurred by Eastern Cleaning Supplies in collecting monies due and payable including the the fee of any mercantile agencies or solicitors appointed by Eastern Cleaning Supplies will be recoverable in full from the Customer.
7.5 If the Customer has not paid for any goods on the due date for payment a late payment fee of 15% per annum calculated daily will be charged on unpaid amounts from the due date for payment to the date of actual payment.
8. CANCELLATIONS
No order may be cancelled or Goods returned without consultation with Eastern Cleaning Supplies.
9. WARRANTIES AND/OR GOODS RETURNED
9.1 Eastern Cleaning Supplies will not accept returns unless they are in a clean state, free of Customer price stickers and other Customer in-store labelling.
9.2 Eastern Cleaning Supplies is not obliged to accept unauthorised returns, which may be returned to the Customer at the Customer’s expense.
9.3 Customers are responsible for returning product, the cost of which may be credited to the Customer’s account if the product proves to be faulty.
10. RETENTION OF TITLE
10.1 Legal ownership of Goods shall remain with Eastern Cleaning Supplies until Eastern Cleaning Supplies has received full payment for all Goods supplied by Eastern Cleaning Supplies to the Customer.
10.2 Prior to the transfer of title of the Goods from Eastern Cleaning Supplies to the Customer, the Customer shall be bailee of the Goods for Eastern Cleaning Supplies only and the Customer expressly acknowledges that it owes a fiduciary duty to the Vender not to deal with the Goods contrary to the Trading Terms.
10.3 From the despatch of the Goods by Eastern Cleaning Supplies to the Customer, the Goods are at the Customer’s risk.
10.4 Eastern Cleaning Supplies will have the right to retake possession of any Goods which have not been paid for in accordance with Eastern Cleaning Supplies’s terms of payment.
10.5 The Customer irrevocably gives Eastern Cleaning Supplies and its agents the right to enter upon the Customer’s premises (whether occupied by the Customer, or another or unoccupied) without giving notice and to search for and remove any of the Goods and to keep and re-sell them without in any way being liable to the Customer or to any person or company claiming through the Customer, and the Customer will indemnify and keep indemnified Eastern Cleaning Supplies in respect of any claim arising out of any act of Eastern Cleaning Supplies under this clause 10.5.
11. WARRANTEES, GUARANTEES AND CONDITIONS
11.1 All warranties for goods sold to the customer will be limited to the terms and conditions specified by the goods manufacturer and / or wholesale supplier in writing.
11.2 Verbal representations or terms expressed verbally (including any condition or warranty expressed) shall not be accepted unless specified in writing or covered by statute or consumer laws.
11.3 Where a claim under warranty is made, it is the customers responsibility to return the goods to the company. All transport costs incurred will be borne by the customer unless prior arrangements have been made between the customer and the company.
11.4 Under no circumstances will Eastern Cleaning Supplies be liable for indirect or consequential loss of any kind whatsoever.
11.5 Except as otherwise provided by law, no action or claim may be brought against Eastern Cleaning Supplies unless notice of such claim is brought within 30 days of dispatch of the Goods to the Customer and Eastern Cleaning Supplies shall be released from all or any liability unless proceedings are brought in a Court of competent jurisdiction within one year of accrual of any cause of action.
12. LIMITATION OF LIABILITY
No liability whatsoever (except as provided by law) will be accepted by Eastern Cleaning Supplies for any direct or indirect loss or damage (including loss of forecasted or actual revenue or profits, loss of livelihood or goodwill or unanticipated incurring of debt) relating to delivery of Goods, account suspension or closure or any other act or omission on the part of Eastern Cleaning Supplies or any of its servants, agents or contractors. Where liability is accepted, it is limited (except as provided by law) to the payment of the cost of having product re-supplied.
13. GOVERNING LAW
So far as the law allows, the Trading Terms shall be governed by and construed in accordance with the law of Victoria, Australia, and the parties agree to submit to the jurisdiction of the Courts of that jurisdiction to the exclusion of the Courts of any other jurisdiction which may otherwise be available.
14. SEVERABILITY
Any provision of the Trading Terms which is invalid in any jurisdiction is invalid in that jurisdiction to that extent only, without invalidating or affecting the remaining provisions of the Trading Terms or the validity of that provision in any other jurisdiction.
15. REPAIR / SERVICE OF CUSTOMER GOODS
15.1 The customer accepts that all electrical and/or mechanical repairs are performed in accordance with state, federal and workplace safety laws.
15.2 Machinery and appliances brought to the company for repair which, in the opinion of a qualified technician, are presented to the company in an unsafe condition will not be allowed to be taken away by the customer unless the unsafe condition is rectified or unless the machine or appliance is made inoperable by a qualified technician.