Legal

Terms of Use

All Orders given to CadTechStore Pty Ltd (hereafter CTS),
ACN 662131580 are subject to the following Terms and Conditions.

 

1.
Defined Terms

 

1.1 In these Terms and
Conditions:

 

·    
“Delivery
Address” means the delivery address of the Customer stated in an Order;
“Contract” means the contract resulting from the acceptance by CTS of an Order
in accordance with clause 2.3;

·    
“Credit
Application Form” means CTS credit application form by which a Customer can
apply for credit account with CTS in respect of the sale of Goods;

·    
“Customer” means
any person who enters into a Contract with CTS for the sale and purchase of
Goods and services;

·    
“Delivery Time”
means the time of delivery of the Goods either to the Delivery Address of the
Customer or to the carrier of the Customer;

·    
“GST” means any
amount paid or payable under any GST law as that expression is defined in
section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

·    
“Loss” means any
damage, loss, liability, expense or cost whether direct or indirect, consequential
or incidental;

·    
“Quotation” means
a formal statement setting out the estimated costs of a particular job or
service;

·    
“Order” means an
order placed with CTS for the sale and delivery of Goods and Services;

·    
“Order
Confirmation” means a written confirmation of the Order by CTS that may be in
the form of an invoice provided to the Customer by facsimile transmission or
email or delivered to the Customer upon delivery of the Goods;

·    
“Price” means the
price for the Goods specified in the Order Confirmation, or the price set out
in any specific quotations by CTS for the supply of Goods at a particular
price, which quotation shall be open for acceptance within the period stated in
a quotation or if no period is stated, within 30 days after the date of a quotation;

·    
“Goods and
Services” means the goods and services supplied or to be supplied by CTS to the
Customer from time to time pursuant to the Contract;

·    
“Terms and
Conditions” means these terms and conditions as amended from time to time by CTS

 

1.2 In these Terms and
Conditions (including defined terms), unless the context otherwise requires:

·    
The singular
includes the plural and vice versa and each gender includes each other gender;

·    
Headings are
included for convenience only and do not affect the interpretation of these
Terms and Conditions.

2.
Formation of Contract of Sale of Goods and Services
 

2.1 These Terms and Conditions
supersede all previous terms and conditions imposed by CTS and may only be
varied in writing by CTS.

2.2 Unless previously withdrawn, a quotation is valid for 14 days, stock
availability and/or such other period as stated it. A quotation is not to be
constructed as an obligation to sell but merely an invitation and no
contractual relationship shall arise until the Customer ‘s order has been
accepted by CTS.

2.3 Each Order will constitute an offer by the Customer to acquire Goods and
Services from CTS upon and subject to the Terms and Conditions and to the
exclusion of all other terms and conditions and notwithstanding any qualifications
of the Terms and Conditions (including any terms and conditions contained in
any purchase Order or other document of the Customer) unless expressly agreed
by CTS in writing.

2.4 Quoted prices are subject to variation by CTS without notice.

2.5 The Customer agrees to maintain in confidence all quoted pricing and will
abide by restrictions of use and disclosure of CTS’s Confidential Information. CTS
reserves its rights to render the quotation as void if confidentiality
information regarding pricing is disclosed.

2.6 A contract will only be made between CTS and the Customer for the sale and
purchase of Goods and Services if and upon the acceptance of the Order by CTS
by the provision to the Customer of an Order Confirmation.

2.7 CTS shall not be bound by any condition attached the Customer’s order,
acceptance of Quotation and/or Purchase order, unless such conditions are
expressly accepted by CTS in writing. The Customer acknowledges that such
conditions are expressly negated.

2.8 An Order may only be made by the Customer to CTS, In writing, by facsimile
transmission or by electronic data interchange;

2.9 The Contract resulting from the provision of the Order Confirmation cannot
be cancelled by the Customer without CTS’s written consent and CTS may at its
discretion impose a reasonable cancellation charge.

3. Payment Terms
 

3.1 Unless otherwise agreed to
in writing by CTS, the Customer agrees to pay CTS the Price in full of Goods
and Services on receipt of invoice issued. All goods and services being
Financed through a third party will not be released to the Customer until as
such time full payment has been received by CTS. All training courses must be
paid in full 7 days before commencement of training course.
 

3.2 If CTS agrees to extend
credit to the Customer, the Customer agrees to the terms stated in the Credit
Application Form as terms and conditions of the Contract. Notwithstanding any
credit terms given to the Customer, CTS may decline to sell Goods and Services
on credit to the Customer at any time without notice to the Customer.
 

3.3 Payments are to be made
via cash, cheque, bank cheque, EFTPOS and Credit Card. American Express incurs
a 2.5% surcharge and Visa/MasterCard incurs a 1.5% surcharge (inc GST).
Payments are too made without deduction or set off, whether legal or equitable.
 

3.4 The Price is GST and
freight /delivery charge exclusive unless stated otherwise. The Customer must
pay to CTS any GST which CTS is liable to pay in respect of supplies made by CTS
under these Terms and Conditions
 

3.5 All financial institutions
duty, stamp duty, Government charges, or direct costs of any kind associated
with the operation of the customer’s account will be charged to the customer.
Furthermore, the customer will be charged a fee of $100 for each dishonoured
cheque.
 

3.6 Prices, fees and charges
are subject to change without notice.
 

3.7 Unless otherwise
stipulated, all quotes/prices are in Australian Dollars (AUD).
 

4.
Interest

 

Interest will be charged on
all overdue accounts at the rate prescribed by the Queensland Law Society
(Standard contract default rate) from the due date to the date that the account
is paid in full and should the account be referred to a collection agency the
Applicant shall pay a 15% collection fee plus all legal costs on an indemnity
basis.
 

5.
Title and Risk

5.1 The Customer acknowledges and agrees that no title to the Goods shall pass
to the Customer until payment in full of all monies owed to CTS has been
received;
 

5.2 Risk of Loss or damage to
the Goods will pass to the Customer at the time of dispatch from CTS’s
nominated warehouse. CTS shall not be responsible for any loss or damage of
Goods in transit. Insurance for Goods in transit to the Customer will not be
arranged by CTS. The Customer shall be responsible for the insurance of Goods
in transit, which insurance shall take account of these conditions.
 

5.3 Until the Price has been
paid in full:

·    
legal ownership
of Goods shall remain with CTS

·    
CTS may enter the
Customer’s premises (or any premises where the Goods are located) without
notice and without liability for trespass or any resulting damage and may
retake possession of Goods. All costs and expenses incurred by CTS as a result
in taking action to retake possession of Goods, together with transportation
and storage charges, must be paid by the Customer to CTS on demand.

·    
CTS may keep or
resell any repossessed Goods

·    
if the Customer
resells Goods without first having paid CTS for them, the Customer shall hold
that part of the proceeds of the sale which represents the invoiced price of
Goods in a separate identifiable account as the beneficial property of CTS and
shall pay the amount to CTS on request

·    
notwithstanding
anything contained in sub clauses 5.3 (a)-(d), CTS shall be entitled to
maintain its legal rights against the Customer for the Price of the Goods. The
Customer acknowledges and agrees that CTS may apply to register a security
interest in the Goods at any time before or after delivery of the Goods. The
Customer waives its right under s 157 of the Personal Property Securities Act
2010 PPSA) to receive notice of any verification of the registration. If the
Customer defaults in the performance of any obligation owed to the CTS under
these Terms and Conditions or any other agreement with CTS to supply Goods to
the Customer, CTS may enforce its security interest in any Goods by exercising
all or any of its rights under these terms or the PPSA. To the maximum extent
permitted by law, the Customer and CTS agree that the following provisions of
the PPSA do not apply to the enforcement by CTS of its security interest in the
Goods: sections 95,125, 130,135,142 and 143.

6. Security and Charge

 

Despite anything to the
contrary contained herein of any other rights which the CTS may have howsoever:

·    
where the
Customer and/or the Guarantor (if any) is the owner of land, realty or any other
asset capable of being charged, both the Customer and/or the Guarantor agree to
mortgage and/or charge all of their joint and/or several interest in the said
land, realty or any other asset to CTS or CTS’s nominee to secure all amounts
and other monetary obligations payable under these terms and conditions. The
Customer and/or the Guarantor acknowledge and agree that CTS (or CTS’s nominee)
shall be entitled to lodge where appropriate a caveat, which caveat shall be
withdrawn once all payments and other monetary obligations payable hereunder
have been meet.

·    
Should CTS elect
to proceed in any manner in accordance with this clause and/or its sub-clause,
the Customer and/or Guarantor shall indemnify CTS from and against all CTS’s
costs and disbursements including legal costs on an indemnity basis. The
Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute
and appoint CTS or the CTS’s nominee as the Customer’s and/or Guarantor’s true
and lawful attorney to perform all necessary acts to give effect to the
provisions of this clause. 

7.
Credit Limit

The grant of any credit limit or facility is an indication only of CTS’s
intention at that time. CTS may at any time or at its discretion vary and/or
withdraw any credit limit or facility without liability to CTS or any other
party.

8. Delivery

8.1 Any timeframes quoted by CTS for the delivery of Products are estimates
only.

8.2 CTS shall not be liable for delay or any failure or inability to deliver. CTS
shall not be liable for any loss or damage whatever due to failure by CTS to
deliver the goods (or any of them) promptly or at all;

8.3 The failure of CTS to deliver shall not entitle the Customer to treat this
contract as repudiated;

8.4 CTS reserves the right to withdraw an Order Confirmation at any time before
the Delivery Time and will not be liable for any loss whatsoever arising from
its failure to deliver any or all of the Goods.

8.5 Any term of the Contract relating to the quantity of Goods is not the
essence of the Contract. CTS reserves the right to make partial deliveries
against an Order and to invoice each partial delivery separately and the
Customer cannot reject Goods on the basis of partial delivery.

8.6 Where Goods remain in the possession of CTS after the Delivery Time
(including where the Customer fails for whatever reason to take delivery of the
Goods), CTS is entitled to charge the Customer for all Loss occasioned by the
Customer not accepting delivery together with any costs and Loss in respect of
the carriage, care and custody of the Goods.

8.7 Unless otherwise agreed by CTS, all Goods will be delivered to the Delivery
Address.

8.8 The Customer must ensure that it or its employees or agents are in
attendance at the Delivery Address at the agreed time or agreed period for
delivery to accept delivery of the Goods and to acknowledge receipt upon the
consignment note or invoice accompanying the Goods.

8.9 CTS may arrange for the storage and carriage of Goods by carriers,
contractors or sub-contractors. Notwithstanding any specific instructions given
by the Customer as to the mode of carriage of Goods, in the exercise of its
absolute discretion CTS may have any Goods carried or forwarded by any method
which it deems fit.

8.10 Unless otherwise agreed in writing by CTS from time to time, the cost of
freight of Goods from the CTS warehouse shall be paid by the Customer.

8.11 Unless otherwise specified in a quotation, Goods shall be packed in CTS
standard packing. The cost of any special packing and packing materials
required by the Customer shall be at the Customer’s expense.

9. Inspection, Acceptance of
Goods and Customer’s obligations

9.1 The Customer must inspect the Goods within 5 business days of the Delivery
Time and if no inspection is so made, is deemed to have accepted the Goods.

9.2 The Customer has no claim for shortages, defects or any Loss in respect of
Goods apparent on inspection unless:

·    
A complaint is
made to CTS within 5 business days of the Delivery Time specifying the shortage
or defect; and

·    
CTS is, after
receipt of the complaint, permitted to inspect the Goods, have Goods inspected
by manufacture, and/or investigate the complaint.

9.3 If a complaint is not made to CTS in accordance with clause 9.2, the Goods
delivered will be deemed to be in accordance with the Contract, and CTS will
not be held liable for any future Losses regarding the use or application of
the Goods, and the Customer is bound to pay for them accordingly.

9.4 CTS shall not be under any obligation to accept Goods returned by the
Customer. CTS will only accept the return of Goods from the Customer where:

·    
The Customer has
complied with clause 9.2 and CTS is satisfied as to the claim by the Customer;
and

·    
The Goods are
returned to CTS in the same un opened condition as when first delivered to the
Customer.

10. Cancellations and Returns

10.1 The Customer shall at no time cancel the whole or part of any order placed
without CTS’s prior written approval. The Customer shall not return any
Products without first providing to CTS an original proof of purchase.

10.2 Where the Customer has ordered incorrect Goods, an incorrect item number
for Goods is used, an incorrect unit of issue or pack size is Ordered, an Order
exceeds the Customer’s requirements, an incorrect account number is used, or an
Order is duplicated, the Customer may after receiving written authority from CTS,
return the Goods to CTS subject to the Goods being returned in the same
condition as when first delivered to the Customer and subject to the Customer
bearing the freight costs of the delivery and return of the Goods.

10.3 Notwithstanding any other provisions of these Terms and Conditions, the
Customer shall not return any products which have been custom made, custom cut,
custom processed or custom acquired

10.4 The Customer shall in all cases pay to CTS a restocking fee of 20% of the
gross value of all returns

10.5 Where Goods are returned to CTS in accordance with the above provisions CTS
may issue a credit note in respect of any amounts paid by the Customer in
respect of those Goods, less restocking fee and relevant freight costs.

10.6 The Customer agrees that any Training course cancellations made by them,
must be in writing and must be made 7 days prior to course commencement date.
The Customer also agrees that if it cancels any training within 7 days of the
course commencement date, then CTS will only be oblige to provide the Customer
with a 50% credit of the total training course price as agreed to.

11. Exclusions

11.1 The Customer shall rely on its own knowledge and expertise in selecting
Products for any purpose and any advice given by or on behalf of CTS shall be
accepted at the Customer’s risk.

11.2 CTS shall not be liable nor responsible for any failure to comply with any
requirements of the Customer or any other person (whether relating to
manufacture, design, fabrication, installation and/or any other particular
intended use of Products) which are not precisely and accurately communicated
in writing to CTS prior to the Customer entering into a sale contract.

12. Limitation of Liability

12.1 Legislation such as the Competition and Consumer Act 2010 (Cth) may imply
into these Terms and Conditions warranties or conditions or impose obligations
which cannot be excluded, restricted or modified and these Terms and Conditions
are read subject to such statutory provisions.

12.2 All other conditions, warranties, representations, liabilities, and
obligations, whether implied or imposed by statute, including any conditions or
warranties as to merchantability, fitness for purpose or correspondence with
description are excluded to the extent permitted by law.

12.3 In the event that CTS breaches its obligations referred to in clause 12.1,
to the extent allowed by law, its liability is limited to any one or more of
the following, at its election:-

·    
The replacement
of the Goods or the supply of equivalent goods;

·    
The repair of the
Goods;

·    
The payment of
the cost of replacing the goods or acquiring equivalent goods; or

·    
The payment of
the cost of having the goods repaired.

12.4 The total liability of CTS under these Terms and Conditions is, to the
extent permitted by law, expressed in this clause 12 and CTS will under no
circumstances be liable to the Customer for any Loss incurred by the Customer
or any other party resulting directly or indirectly out of the supply by CTS to
the Customer or out of any breach of CTS under these Terms and Conditions or
out of the negligence of CTS.

12.5 Nothing in these Terms and Conditions shall exclude or modify any
conditional warranty implied by law where to do so would render these Terms and
Conditions void.

12.6 Our goods come with guarantees that cannot be excluded under the
Australian Consumer Law. You are entitled to a replacement or refund for a
major failure and for compensation for any other reasonably foreseeable loss or
damage. You are also entitled to have the goods repaired or replaced if the
goods fail to be of acceptable quality and the failure does not amount to a
major failure.

12.7 The Customer agrees to limit any claim it makes to the cost of or of
acquiring equivalent products.

13. Force Majeure

13.1 CTS shall not be deemed to be in default or breach of any contract as a
result of Force Majeure. Force Majeure shall include any cause beyond the
reasonable control of CTS.

14. Defaults

14.1 Upon the appointment of an Administrator, Receiver, Liquidator or Trustee
in Bankruptcy to the Customer, CTS may by notice to the Customer, at its option
and without prejudice to another right it may have, suspend or terminate an
Order, cease further deliveries and may retain any monies paid by the Customer
in relation to the Order and apply such monies against any loss or damage
incurred by it in relation to the default by the Customer

15. Severability

Any part of these Terms being whole or part of a clause shall be capable of
severance without affecting any part of these Terms.

16. Notice

 

The Customer agrees that it
shall be deemed to have notice of any change to the Terms and Conditions and be
bound by any subsequent versions of these Terms and Conditions as they appear
on the website www.cadtechstore.com.au whether
or not the Customer has actual notice thereof. A copy of any subsequent of
these Terms and Conditions may also be obtained, by request, by telephone or
email.

17. General

17.1 These Terms and Conditions take effect, are governed by and will be
construed in accordance with the laws of the State of Queensland, Australia.

17.2 These Terms and Conditions are subject to change without notice.

17.3 The parties agree that any action arising out of, or relating to these
terms may only be brought by a court of competent jurisdiction in the State of
Queensland, Australia.

17.5 If we do not act in relation to a breach by you of these terms and
conditions, this does not waive CTS’s right to act with respect to subsequent
or similar breaches.

17.6 You may not assign or transfer any rights or benefits you may receive
under these terms and conditions to any other person or entity without the
prior written consent of CTS.

17.7 In reselling, maintaining
or installing Goods, the Customer is not CTS’s agent or the agent of the
manufacturer of Goods.