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Terms and Conditions

The following terms and conditions shall apply to each agreement for the sale and or hire of Goods/Services:-

 

1. Interpretations

a. Supplier shall mean CV & JH No.2 Unit Trust trading as VJAM ABN 55 818 542 511 its subsidiaries, associates, and related companies along with their respective successors and assigns.

b. Buyer/Hirer shall mean the Buyer/Hirer named on any quotation, hire agreement, invoice, purchase order, or any other documentation produced in relation to an agreement for the supply of Goods and/or Services, or any person acting on behalf of and with the authority of the Buyer/Hirer.

c. Price shall mean the cost of the Goods/Services as agreed between the Supplier and the Buyer/Hirer subject to clause 5 hereof.

d. Goods shall mean all Goods supplied by the Supplier to the Buyer/Hirer or ordered by the Buyer/Hirer but not yet supplied and includes Goods described on any quotation, invoice, purchase order, or any other document including any recommendations and advice.

e. Services shall mean all Services supplied by the Supplier to the Buyer/Hirer and includes Installation, and any other Services described on any quotation, invoice, purchase order, or any other document including any recommendations and advice.

 

2. Jurisdiction

a. All transactions shall be governed by and construed in accordance with the laws of the State of Tasmania, Australia.

b. The Buyer/Hirer submits to the jurisdiction of the courts of the State of Tasmania, Australia.

 

3. Offer and Acceptance

a. Any request from the Buyer/Hirer to the Supplier for the supply of Goods/Services however made shall constitute acceptance of the terms and conditions contained herein.

b. Where more than one Buyer/Hirer has entered into an agreement with the Supplier for the supply of Goods/Services, all Buyer/Hirers shall be jointly and severally liable for all payments of the Price.

c. These terms become binding upon acceptance, and may thereafter only be altered or revoked with the written consent of the Supplier.

d. Any changes to the Buyer/Hirers details, including name, address, telephone, email, or any changes in ownership structure of the Buyer/Hirer requires written notice of (10) days.

 

4. Goods / Services

a. The Goods/Services are as described on any quotation, invoice, purchase order, or any other document provided to the Buyer/Hirer by the Supplier.

b. Unless otherwise agreed in writing, the Buyer/Hirer shall be responsible for obtaining all necessary approvals, permits, consents, and or permissions in order for the Supplier to fulfil its obligations.

c. Unless otherwise agreed in writing, the Supplier assumes no responsibility for moving of furniture or fittings, or cleaning at any venue.

 

5. Hire of Equipment

a. All equipment made available for Hire shall be charged at a daily hire rate.

b. All Goods made available to the Hirer by the Supplier remain the property of the Supplier at all times, and must be returned to the Supplier at the time agreed between the Hirer and the Supplier.

c. Failure of the Hirer to return the Goods as outlined in clause 5 (b) herein may result in the Hirer incurring additional daily Hire fees.

d. All Goods Hired are at the Hirers sole risk and the Hirer hereby accepts responsibility for the full replacement costs of any Goods that are deemed to be lost, stolen, damaged or missing during the duration of the Hire period.

e. At the Suppliers sole discretion, proof of insurance for Goods and or public liability, along with any relative compliance certificates and or licences may be required before the commencement of any Hire agreement.

 

6. Price

a. The Buyer/Hirer agrees to pay the Supplier the price of the Goods/Services within the agreed time for payment as stated on the invoice.

b. The Price will be determined by the Suppliers Quotation, Hire Agreement or indicated on invoices, order forms, or any other documentation provided by the Supplier to the Buyer/Hirer.

c. The Suppliers quoted price will be binding upon the Supplier for a period of three (3) days after the date of the quotation.

d. In the event that the Supplier, or the Suppliers authorised agent, representative, contractor, or employee has not inspected the site, the Supplier shall not be bound by any

quotation for installation of the Goods.

e. In the event that the Supplier discovers that additional work is required which will cause the price to exceed the initial quote, the Supplier will seek confirmation from the Buyer/ Hirer to proceed with the work.

f. Any variation from the original agreed works or Hire period may affect the Price, and any such variations to the Price will be agreed between the Supplier and the Buyer/Hirer. Payment for all variations must be made in full at the time of their completion.

g. GST Conditions will apply to all goods purchased and services supplied.

 

7. Payment Terms

a. In the event that the Buyer/Hirer has been granted a credit account or a prior payment plan /arrangement has been agreed upon, the Buyer/Hirer agrees to pay all amounts in full, from the date of the invoice.

b. At the Suppliers sole discretion, a deposit of up to 50% of the quoted price may be required before the supply of any Goods or Services.

c. Payment will be made by cash, cheque (excluding personal cheque), direct deposit, or by any other method as may be agreed between the Buyer/Hirer and the Supplier.

 

8. Delivery

a. The Buyer/Hirer shall be responsible for making all necessary arrangements to take delivery of the Goods, including preparation of the venue if required.

b. Delivery of the Goods to any third party nominated by the Buyer/Hirer (including carriers) is deemed to be delivery to the Buyer/Hirer.

c. The failure of the Supplier to deliver shall not entitle either party to treat this contract as being cancelled.

d. Should the Supplier fail to deliver all or part of the Goods, the Supplier shall not be liable for any loss or damage incurred by the Buyer/Hirer, or any of the Buyer/Hirers agents, customers, related companies, or contractors.

e. Should the Supplier need to arrange carriage for the Goods, any additional costs incurred by the Supplier, including insurance shall be added to the Price, and will be due and payable on the agreed date for payment.

 

9. Notification of defects

a. The Buyer/Hirer shall inspect the Goods upon delivery and notify the Supplier within forty-eight (48) hours of any alleged defects, or failure to fulfil the quotation. The Supplier will be given access to any Goods within a reasonable time after delivery in order to inspect any alleged defects in the Goods.

b. Should the Buyer/Hirer fail to give such notification, the Goods/Services will be deemed to be in compliance with those ordered, and free from any defects whatsoever.

 

10. Warranties

a. Where the Supplier has not manufactured the Goods, the Supplier accepts no liability whatsoever, except for any workmanship associated with the supply of the Goods.

b. Where the Supplier has agreed in writing that the Buyer/Hirer is entitled to claim under warranty, the Suppliers liability is limited to (at the Suppliers discretion), replacing or repairing the Goods.

c. Any costs associated with the return of Goods for the purpose of a warranty claim shall be the responsibility of the Buyer/Hirer.

d. The Supplier may (at its sole discretion) issue a refund but this may incur a handling fee of 20% of the value of the Goods which shall be payable by the Buyer/Hirer irrespective of whether or not replacement goods are supplied to the Buyer/Hirer.

 

11. Conditions of Warranty

a. The Suppliers warranty will not be applicable in a situation where;

- The Buyer/Hirer has failed to follow instructions supplied by the Supplier in relation to proper use of the Goods.

- The Goods have been used in a manner other than their original intended use.

- The Goods continue to be used after any fault or defect has become known to the Buyer/Hirer, or would have become known to a reasonable person.

- The defect or fault has occurred from reasonable wear and tear in use.

- The defect or fault has occurred as a result of circumstances beyond the control of either the Buyer/Hirer or the Supplier.

b. The Supplier accepts no responsibility for loss or damage to the Buyer/Hirer, financial or otherwise, arising from a delay in the time taken for the Supplier to replace or repair any Goods covered by the warranty.

c. The warranty will become void if any maintenance or alteration is made to the Goods without the Suppliers knowledge and consent.

 

12. Buyer/Hirers Disclaimer

a. The Buyer/Hirer hereby disclaims any right to cancel the contract, or to seek compensation for loss or damages arising from any misrepresentation made to the Buyer/Hirer by the

Supplier, or any related corporations of the Supplier, and their respective officers, employees, agents and contractors.

b. The Buyer/Hirer acknowledges that they Buy/Hire the Goods/Services relying solely upon their own skill and judgement.

 

13. Intellectual Property (IP)

a. Where any designs or specifications have been supplied by the Buyer/Hirer for manufacture by Supplier, the Buyer/Hirer warrants that the use of those designs or specifications for the manufacture, assembly or supply of the Goods shall not infringe the rights of any third party.

b. Where the Supplier produces any design, pattern, or specification during the supply or manufacture of the Goods, IP in them remains with the Supplier, and may only be reproduced or copied with the written consent of the Supplier.

 

14. Registered Security

a. The Buyer/Hirer hereby charges in favour of the Supplier all of the Buyer/Hirers estate and interest in any land and in any other assets, whether tangible or intangible, in which the Buyer/ Hirer now has any legal or beneficial interest or in which the Buyer/Hirer later acquires any such interest, with payment of all monies owed by the Buyer/Hirer, and consents to the lodging by the Supplier of a caveat or caveats which note its interest in that real property.

 

15. Default

a. The Buyer/Hirer hereby agrees that if the Buyer/Hirer should:-

- As an individual, commit an act of bankruptcy; or

- As a company, pass a resolution for winding up or have a summons to wind up issued against it; or

- Become subject to any form of external administration; or

- Enter into an arrangement regarding outstanding payment with any of its creditors; or

- Allow any invoice to remain in arrears for a period of over thirty (30) days; all monies currently owed to the Supplier shall become due and payable immediately, and the Supplier shall have the right to terminate the supply of Goods and Services to the Buyer/Hirer.

b. Should the Buyer/Hirer fail to pay any invoice when due, the Buyer/Hirer will be responsible for any additional costs associated with recovery of all outstanding amounts, including but not limited to the costs of a solicitor / barrister, and any cost incurred by the Supplier to its nominated collection agency.

c. At the suppliers sole discretion, interest on overdue accounts may be charged at a rate not exceeding the prevailing bank overdraft rate and the Buyer/Hirer expressly undertakes to pay all such interest.

d. The Supplier will not be liable to the Buyer/Hirer for any loss or damage the Buyer/Hirer suffers because the Supplier exercised its rights under this clause.

 

16. Retention of Title

a. Excluding Goods made available for Hire by the Supplier, ownership, property, and title in all Goods shall remain vested in the Supplier until the Buyer has paid all monies owing to the Supplier for all Goods and/or Services provided.

b. The Supplier may request in writing that the Buyer return the Goods or any part of them at any time until property in the Goods has passed to the Buyer.

c. Should the Buyer fail to return the Goods to the Supplier upon such notice, the Supplier, without prejudice to any of its other rights and remedies under this agreement, reserves the right of

entry to the buyers premises or any other premises where the Goods may be stored, by its servants or agents for the purpose of recovering or re selling the Goods, and any cost incurred as a result of such action will be the responsibility of the Buyer.

 

17. Risk

a. Notwithstanding retention of title as specified in clause 15 hereof, all risk passes to the Buyer/Hirer upon delivery.

b. If any of the Goods are damaged or destroyed prior to title in them passing to the Buyer, or during the duration of the Hire agreement, the Supplier is entitled, without prejudice to any of its other rights and remedies under any agreement, to any insurance proceeds payable for the Goods.

 

18. Cancellation

a. The Hirer acknowledges that a cancellation fee is applicable and will be charged for hires or productions services that are cancelled after the booking has been confirmed.

b. Cancellation Fees:

- 1 to 7 days prior to the hire / production services; 40% of balance of total quoted fee.

- Within 24 hours of the hire / production services; 100% of balance of total quoted fee.

 

19. Limitation of Liability

a. The liability of the Supplier to the Buyer/Hirer for any reason related to the performance of the Goods/Services under this agreement shall be limited to the amount paid or payable by the Buyer/Hirer to the Supplier for such Goods/Services.

b. The Supplier accepts no liability for Goods supplied based on measurements and specifications supplied by the Buyer/Hirer, and the Buyer/Hirer shall be responsible for any additional costs associated with any alteration of the Goods, or the supply of additional Goods.

 

20. Privacy Act 1988

a. The Buyer/Hirer hereby gives consent to the Supplier obtaining a personal credit report to collect overdue payment on commercial or consumer credit (Section 18K(1)(h) Privacy Act 1988).

b. The Buyer/Hirer agrees that Individual Data provided may be used and retained by the Supplier for the following purposes and for other purposes as agreed to between the Buyer/Hirer and Supplier or required by law from time to time:

- Provision of Goods/Services.

- Marketing of Goods/Services by the Supplier, its agents, distributors, or contractors.

- Assessing the credit worthiness of the Buyer/Hirer in relation to extending credit.

- Exchanging of information with a credit reporting agency or trade reference named by the Buyer/Hirer.

- Processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer/Hirer.

- Collection of amounts outstanding in the Buyer/Hirers account by the Suppliers nominated Collection agent or solicitor.

 

21. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts

a. The warranties, conditions, rights and remedies of the Buyer/Hirer as outlined in the Commonwealth Trade Practices Act 1974 and the relevant Fair Trading Act of Tasmania are not

intended to be compromised as a result of anything contained in these terms and conditions, except to the degree permitted by those Acts.

 

22. General

a. The Supplier assumes no responsibility for changes in the laws of Tasmania, or the Commonwealth of Australia which may affect the supply of Goods/Services.

b. The Supplier reserves the right to review these terms and conditions at any time, and if any changes are deemed necessary, the Buyer/Hirer will be advised of such changes upon them being made and they shall there upon immediately become binding upon the Buyer/Hirer.

c. Neither the Supplier nor the Buyer/Hirer shall be liable for any breach of any provisions of any contract arising from an act of God, natural disaster, terrorism, war, or any other occurrence beyond the control of either party.

d. If any Terms or Conditions contained in this document are found to be unenforceable for reasons of invalidity or illegality, the remaining provisions shall not be affected in any way whatsoever.

 

23. Payment Via EFTPOS and Credit Card

a. EFTPOS Facilities are available for all hires and accounts. The Hirer acknowledges that payment via credit card will incur a charge of 1% of the entire hire cost. MasterCard, VISA and AMEX Credit Cards are accepted.

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