| Definitions CCA means the Competition and Consumer Act 2010 (Cth) as amended; Consequential Loss means loss of expected savings, lost sales, loss of use, loss of opportunity, loss of profit, loss of revenue, increased financing costs, loss arising from delay, or any consequential, special or indirect loss or damage, whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence, statute or otherwise; Customer means the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any Order or other form provided by the Customer to CW Mechanical together with their successors and assigns; CW Mechanical means CW Mechanical , its related body corporates and successors and assigns or any person acting on behalf of and with the authority of CW Mechanical; Delivery Date means the estimated date of delivery of the Goods as specified in the Order Confirmation;Deposit means the portion of the Price specified in the Order Confirmation payable by the Customer prior to dispatch of the Goods for delivery; Goods mean all goods supplied by CW Mechanical to the Customer from time to time and are as described on any order, invoices, quotation or any other forms as provided by CW Mechanical to the Customer; Guarantor means that person (or persons) who agrees to be liable for the debts of the Customer on a principal debtor basis as set out in the Purchase Order; Loss means any loss, expense, cost, liability or damage of any kind and includes Consequential Loss and any fine or penalty imposed by a statutory or other authority and whether aririnsg from a claim under indemnity, contract, tort (including negligence), statute or otherwise; Order Confirmation means a confirmation of a Purchase Order in writing issued by CW Mechanical to the Customer; PPSA means the Personal Property Securities Act 2009 (Cth) as amended; PPSR means the Personal Property Securities Register; Price means the price payable for the Goods as agreed between CW Mechanical and the Customer in accordance with clause 3 of the Terms & Conditions; Purchase Order means an order placed in writing by the Customer specifying the type and quantity of Goods required (including details of any special requirements); Quote or Quotation means a quote given by CW Mechanical to the Customer for an intended supply of Goods; Solicitor and Client Legal Costs means all legal costs and disbursements incurred by CW Mechanical in pursuing any debt arising from any default in payment of the Price or any invoice when due, except for those of an unreasonable amount or unreasonably incurred, unless approved by the Customer; and Terms & Conditions means these terms and conditions, the Application (if applicable), any invoice and any other documentation relating to the supply of the Goods and attached to these Terms & Conditions. Acceptance of Terms and Conditions These Terms & Conditions apply and are incorporated into each and every Order for the supply of Goods or the Customer’s acceptance of Goods and all Goods are sold on these Terms and Conditions. All other representations, terms or other agreements are expressly excluded. Where more than one (1) Customer has entered into these Terms & Conditions, the Customers will be jointly and severally liable for all payments of the Price. The Customer will give CW Mechanical not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, telephone number, or business practice). The Customer will be liable for any Loss incurred by CW Mechanical as a result of the Customer’s failure to comply with this clause. If CW Mechanical varies these Terms & Conditions and provides reasonable notice to the Customer of the variation, these Terms & Conditions are varied and incorporated into each and every contract for the supply of Goods made between CW Mechanical and the Customer after the date of such notice. Goods are supplied by CW Mechanical only on these Terms & Conditions to the exclusion of anything to the contrary in the terms of the Customer’s Order notwithstanding that any such Order is placed on terms that purport to override these Terms & Conditions unless such terms and conditions have been agreed in writing by CW Mechanical. Quotes and Purchase Orders On request by the Customer, CW Mechanical may but is not obligted to provide a Quote for the supply of Goods. The Customer may accept the Quote by delivering a Purchase Order to CW Meachnical. All Purchase Orders are to be made in writing as prescribed by CW Mechanical from time to time. Any Purchase Order which purports to alter or amend the Quotation will not be a Purchase Order unless CW Mechanical agrees to the alteration or amendment. Variations, changes, briefing updates or amendments in the Purchase Order or otherwise requested by the Customer (Variation)are deemed to not form part of the Quote or Purchase Order unless CW Mechanical agrees to part or all of the Variation to the Customer in writing. The Customer shall be liable for any costs, expenses, and liabilities incurred by CW Mechanical in connection with any such change order. Purchase Orders are not accepted until an Order Confirmation is issued to the Customer by CW Mechanical. CW Mechanical has the right to substitute Goods ordered by the Customer for another type or quantity of goods (provided that such substituted goods are of similar nature and quality), unless the Customer specifically advises CW Mechanical in writing prior to the Goods being dispatched that substituted goods will not be accepted. Price, Payment & Taxes The Price will be the amount in the Quotation or as varied by a Variation to the Quote and notifed to the Customer in the Order Confirmation. The Price indicated to the Customer for the Purchase Order is current at the time it is issued to the Customer and subject to change.CW Mechanical has a right to increase the price of the Goods to reflect any increases in materials, insurances, labour, overheads, freight and cartage costs occurring after the date of the Quotation or agreed Variation (Varied Price). The Customer agrees that the delivery of Goods after the date of a notice of Variation will be deemed to be an acceptance of the Varied Price. CW Mechanical may request payment by the Customer of a non-refundable Deposit prior to the supply or delivery of the Goods. CW Mechanical is under no obligation to commence the manufacture or supply of the Goods until the deposit has been paid.Despite any other clause in these Terms and Conditions, CW Mechanical may at any time require the Customer to pay an invoice for the Goods prior to the manufacture or supply of the Goods. CW Mechanical may invoice the Customer for the Goods as it deems fit. CW Mechanical may, in its sole discretion, require payment of the Price by the Customer either prior to or on delivery of the Goods. If pre-payment of the Price is required, payment must be received by CW Mechanical by 12pm the day prior to dispatch of the Goods. |
