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Terms & Conditions of Sale

Last updated: 20th March 2015.

  1. Definitions in these Conditions of Sale
    1. Definitions
      1. "the Company" means ID Supplies Pty Ltd also previously known as Identity Australia;
      2. "the Customer" means the person, firm or Company ordering or buying the goods from the Company;
      3. "the Goods" means goods or services supplied by the Company to the Customer.
    2. These conditions shall apply to and be incorporated into every agreement between the Company and the Customer under which the Company supplies goods or services at the request of the Customer.
    3. No contract in respect of the Goods will arise between the Company and the Customer until the Customer's order has been accepted by the Company. These conditions shall take precedence over any conditions set out in any communication or document of the Customer regardless of the date or time of such communication or document and shall not be varied without the express written consent of the Company.
    4. Any quotation and contract between the company and the Customer shall in all respects be governed by and construed in accordance with Australian law and the Courts of New South Wales shall have jurisdiction to hear all disputes arising in connection with the contract.
  2. Price
    1. Unless otherwise specifically stated, any prices quoted by the company are in Australian currency and are inclusive of packaging but exclusive of GST and delivery and freight charges, and the company shall charge extra in respect of such items.
    2. Prices quoted are current at the time of quotation and are valid for 30 days there from. If the delivery occurs outside the thirty day validity period of the quotation, the Company reserves the right to alter the price payable by the customer according to the price ruling on the date of the despatch.
    3. Prices quoted on the ID Supplies Pty Ltd website are deemed current at the time the Customer places an on-line order.
  3. Payment
    1. Credit terms are subject to acceptance of a Credit Application and validation of trade references and are strictly 30 days from date of invoice.
    2. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Company's sole discretion such interest shall compound monthly at such a rate) after as well as before any judgement.
    3. The customer will pay all collection costs including but not limited to legal expenses and debt collection commissions incurred in obtaining payment for any amounts owing to the Company in respect of the Goods.
    4. The granting of any credit by the Company to the Customer shall be at the company's absolute discretion and may be revoked at any time whereupon any and all amounts owing to the Company shall be paid immediately.
    5. In consideration of the Company agreeing to and continuing to supply the Goods to the Customer, the Directors jointly and severally guarantee to the Company the payment of the amount due by the Customer for the Goods and any other monies or damages payable to the Company by the Customer pursuant to these Conditions including but not limited to the items listed under clause 2.1 (Interest on overdue invoices).
    6. This Guarantee shall be a continuing Guarantee and shall not be affected or avoided in any way by any agreement or arrangement made between the Customer and the Company at any time or other indulgence given by the Company to the Customer or any composition or arrangement with or release of the Customer or any one or more of the said Directors, or in the event that the Customer becomes bankrupt or insolvent. Any and all Directors who sign the credit application shall be bound even if any or all of the other Directors fail to do so or there are no other Directors. Any payment received which is subsequently found to be a preferential payment shall not be a payment for the purpose of this Guarantee.
  4. Default and Consequences of Default
    1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Company's sole discretion such interest shall compound monthly at such a rate) after as well as before any judgement.
    2. If the Customer owes the Company any money the Customer shall indemnify the Company from and against all costs and disbursements incurred by the Company in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Company's collection agency costs, and bank dishonour fees).
    3. Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions the Company may suspend or terminate the supply of Goods to the Customer. The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company has exercised its rights under this clause.
    4. Without prejudice to the Company's other remedies at law the Company shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Company shall, whether or not due for payment, become immediately payable if:
      1. any money payable to the Company becomes overdue, or in the Company's opinion the Customer will be unable to make a payment when it falls due;
      2. the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
  5. Personal Property Securities Act 2009 (PPSA)
    1. In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
    2. Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by the Company to the Customer.
    3. The Customer undertakes to:
      1. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Company may reasonably require to;
        1. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        2. register any other document required to be registered by the PPSA; or
        3. correct a defect in a statement referred to in clause 5.3.1.1 or 5.3.1.2;
      2. indemnify, and upon demand reimburse, the Company for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
      3. not register a financing change statement in respect of a security interest without the prior written consent of the Company;
      4. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Company;
      5. immediately advise the Company of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
    4. The Company and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
    5. The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    6. The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    7. Unless otherwise agreed to in writing by the Company, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
    8. The Customer must unconditionally ratify any actions taken by the Company under clauses 5.3 to 5.5.
    9. Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
  6. Retention and Passing of Title
    1. The risk of the Goods shall pass to the Customer on Delivery but until the Company has received payment in full, the Goods shall remain the ownership and property of the Company and the Company has the right, without prejudice to the obligation of the Customer to pay the price to recover the Goods and for the purpose thereof the Company, or the Company's nominated agent, may enter upon any premises of or occupied by the Customer or third party with the consent of the third party.
  7. Loss and Damage in transit or Non delivery
    1. Where the Goods are delivered by the Company's courier service, all risk in respect of the Goods during transit shall be assumed by the Company or the courier service employed by the Company. Where the Goods are delivered by the Customer's courier service, all risk in respect of the Goods during transit shall be assumed by the Customer or the courier service employed by the Customer. The Company shall not be held liable for any consequences of late delivery howsoever caused.
  8. Frustration (Force Majeure)
    1. If the Company is prevented at any time from performing any contractual obligation or if any loss, damage, injury or delay in delivery is occasioned by or due to any cause beyond the Company's control including but without prejudice to the generality of the foregoing, the commission of any criminal act, shortage of Goods, act of war, terrorism, civil commotion, accident, industrial action, or any restriction imposed by any local municipal or government authority (including Customs Authorities) whether Australian or foreign, the Company shall be entitled forthwith to determine the contract and to be discharged from all liabilities whatsoever to the Customer and the Company shall not be liable for any such loss, damage, injury or delay as aforesaid.
  9. ID Supplies Pty Ltd - Warranty Statement (Regulation 90)
    1. 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.
    2. Our goods also come with our limited warranty in addition to your rights under law (for printers - see extra information in printer packaging). This statement is to be read with and forms part of our limited warranty.
    3. Warranty periods vary depending on the product. The period within which a defect in the goods or services must appear for the consumer to be entitled to claim a warranty varies according to the product or service type. These are detailed on our Returns Policy www.idsupplies.com.au/returns-policy
    4. To claim under our limited warranty follow the steps below. You will bear any costs of returning your product to us.
    5. Warranty claim steps:
      1. Contact our office with a description of the problem and proof of purchase details.
        1. Include product make and model:
        2. Purchase date & invoice number
        3. Delivery location
        4. Brief explanation of the reason for the warranty claim
        5. Your contact details
      2. Our contact details:
        1. Phone: 02 8841 7400
        2. Fax: 02 8841 7490
        3. Email: admin@idsupplies.com.au
        4. Attn: Customer Service
        5. Address: Unit 22, 287 Victoria Road, RYDALMERE, NSW 2161
      3. Wait for instructions from our office while we investigate your claim. A maximum of 30 days.
    6. When finalised, ID Supplies Pty Ltd will advise where to send the goods if the warranty is valid.
  10. Warranty and Limitation of Liability
    1. All Goods supplied by the Company benefit from the warranty given by the manufacturer, if any, and this benefit shall be passed onto the Customer accordingly or omitted in connection with the Goods or from any work done in connection therewith.
    2. Whilst the Company makes every effort to ensure that all Goods sold are of merchantable quality these products are sold on the understanding that the company cannot be held responsible for any losses caused through the failure of these products to function as the manufacturer intended, or their failure to be delivered within a reasonable time frame from placement of the Customer order.

© ID Supplies Pty Ltd 2015.

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