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General Contract Terms and Conditions
Products or services sold by Aquafish Australia are, unless agreed in writing, governed by the following Terms and Conditions.
- Definitions. “Business” means Aquafish Australia. “Customer” means the person or legal entity identified in the Business’ quote, invoice or the Customer’s order. “Contract” means a contract for sale by the Company to the Customer of products and/or services incorporating these Terms and Conditions.
- Quotes. Quotes prepared and submitted by the Business to the Customer are invitations to treat only and shall not in any way be binding on the Business.
- Price. All prices quoted by the Business shall, unless so specified, exclude GST and any GST shall be payable by the Customer in addition to the price quoted. The Customer shall also pay all packaging, shipping and handling charges (including insurance) for the delivery of the goods, unless otherwise agreed.
- Orders. The Customer may order goods from the Business by telephone or in writing and each order must specify the date of the placement of the order and the quantity and description of the goods ordered. The Business may in its discretion decline any order received from the Customer by written notice.
- Delivery. Unless the Customer takes delivery of the goods at the Business premises, goods will be delivered to the nominated address of the Customer. Whilst every effort will be made to deliver goods at an agreed date or time, time is not of the essence with regard to delivery and any delivery dates or times appearing in any order or quotation are approximate only and the Business shall not be responsible for any loss or damage arising from the failure to deliver goods at an agreed date or time.
- Acceptance of Goods. On delivery, the Customer must conduct a thorough examination of the goods. Delivery occurs on collection of the goods from the Business’ premises by the Customer or the Customer’s agent, or, where the Business agrees to effect delivery, on delivery of the goods to the Customer’s nominated address for delivery. The goods shall be deemed to have been accepted by the Customer on delivery as being in good condition, unless the Customer rejects the goods on the basis of a defect by written notice given to the business within 24 hours of delivery.
- Risk. Risk in the goods passes to the Customer on delivery and accordingly responsibility for insurance also passes to the Customer as and from delivery.
- Invoice. An invoice for the goods will be supplied at the time of delivery. The Customer shall pay the invoice by cash on delivery, or on or before the due date specified on the invoice, unless otherwise agreed.
- Title. Title to the goods passes to the Customer free of encumbrances and all other adverse interests upon payment of the invoice in full. If the Customer does not pay the invoice on the agreed or due date specified, without prejudice to any other right or remedy, the Business may impose interest on all outstanding money at a rate of 10% per annum until such amount is paid and in addition the Business is irrevocably authorised by the Customer to enter the Customer’s premises and use reasonable force (if necessary) to take possession of the goods without liability for the tort of trespass, negligence or payment of any compensation whatsoever.
- Cancellations. No order may be cancelled without first obtaining the written consent of the Business within 24 hours of placing the order. In the event that the Business consents to the cancellation of any order it shall be on the condition that the Customer pays to the Business an amount equal to the losses, costs and expenses incurred by the Business in the design, manufacture, packaging or supply of the goods the subject of the order.
- Liability. To the fullest extent permitted by applicable laws, the Company shall not be liable for any claims or damages howsoever arising including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the goods, and any indirect, special or consequential damages or injury to any Customer or third party or user.
- Indemnity. The Customer indemnifies the Business on an actual indemnity basis absolutely against losses, damages, claims, demands, suits, actions, proceedings, orders or judgements whatsoever arising out of or in respect to the supply of the goods to the Customer or to any third party or user.
- Jurisdiction. This Contract is governed by and interpreted in accordance with laws of South Australia and the parties irrevocably submit to the jurisdiction of the courts of South Australia.