TERMS AND CONDITIONS OF TRADE
Interdev Australia Pty Ltd
ACN 135 254 358
1. APPLICABILITY AND ACCEPTANCE OF THESE CONDITIONS
1.1 These Conditions apply to each order placed by a customer (you) for the supply of goods and services by Interdev Australia Pty Ltd ACN 135 254 358 (hereby known as Interdev) provided Interdev has accepted that order.
1.2 Acceptance of delivery of any the goods, or the use of any service, by you will be deemed to be your acceptance of these Conditions, notwithstanding anything that may be stated to the contrary on your order.
1.3 Unless agreed to in writing by Interdev, any qualification or variation to these Conditions contained in any document issued by you will be of no force or effect. No modification or alteration of any provision of these Conditions will be valid except in writing signed by you and Interdev.
2. PRICES, CHARGES AND PAYMENT
2.1 Payment for the amount specified in any invoice rendered on you by Interdev for your order must be made by you in full within 14 days of the date of the invoice (unless otherwise agreed in writing).
2.2 Individual deliveries or deliveries of separate installments may be invoiced separately and must be paid for accordingly as per 2.1.
2.3 If you purchase product(s) which is published or produced by someone other than Interdev, and Interdev converts any price or charge from one currency to another in order to process your order, you agree that Interdev has absolute discretion on the exchange rate actually used to make the conversion.
3. DELIVERY
3.1 Dates given for delivery are stated in good faith but are not to be treated as a condition of the sale. Delivery will be deemed to be complete when the product is dispatched to your delivery address.
3.2 Delivery by Interdev to a carrier will be deemed to be delivery to you. Interdev product ordered by you will be delivered to the delivery address set out on your order form for the product, or such other address agreed by Interdev in writing.
4. UNANTICIPATED EVENTS
4.1 Interdev may cancel or suspend delivery of any ordered product in the event of any delay or non-performance due directly or indirectly to wars, terrorism, strikes, lockouts, delays or defaults of manufacturers or suppliers, act of God, or any other cause (whether similar or dissimilar) beyond Interdev’s reasonable control.
5. RISK AND TITLE
5.1 The risk in any goods ordered by you from Interdev, passes to you on delivery.
5.2 Without prejudice to your liability to pay for goods supplied, such goods remain the property of Interdev as legal and equitable owner pending cleared payment in full of all moneys due for such goods. You acknowledge that you are in possession of such goods as bailee for Interdev pending payment in full.
5.3 Until payment in full, Interdev will be entitled to retake possession of the goods. To allow Interdev to do that, you grant Interdev an irrevocable right to enter at any time any premises or place where the goods are held, or thought to be held, and to remove the goods. Interdev may then resell the goods and retain the proceeds of such sale. Any shortfall will be a debt owed by you to Interdev.
6. COSTS
6.1 If you default in performing your obligations under these Conditions and Interdev incurs expenses in enforcing its rights under these Conditions (for example and without limitation, expenses incurred by Interdev in recovering any moneys owed by you to Interdev), you must pay those expenses to Interdev on demand (including all legal costs on a full indemnity basis).
7. PRIVACY
7.1 You acknowledge that personal information concerning you collected or held by Interdev (whether contained in this document or otherwise obtained) is provided and may be held, used and disclosed by Interdev for the following purposes:
a) so Interdev can provide the goods and services you have ordered;
b) Administering, whether directly or indirectly, Interdev’s contracts and enforcing Interdev’s rights under those contracts;
c) ascertaining at any time your creditworthiness and obtaining at any time credit reports, character references or credit statements;
d) if you are in default under any invoice rendered by Interdev, notifying and exchanging your personal information with Interdev’s debt collection agency;
e) enabling you to communicate with Interdev for any purpose;
7.2 If you do not want Interdev to use your personal information for any of the purposes set out in clauses 7.1, please advise Interdev in writing.
7.3 You also agree that if you provide Interdev with personal information about any other individual, you will ensure that the individual is aware of:
a) your supplying their personal information to Interdev and the purposes for which Interdev has collected the personal information;
b) their ability to access and request correction of the personal information in accordance with the Privacy Act 1988 (Cth); and
c) the contact details of Interdev’s Privacy Officer.
7.4 You authorise Interdev to obtain at any time from any person or entity, any information Interdev may require to process or accept any application for credit you may make to Interdev, or to perform or complete any of the other purposes for which you have provided personal information to Interdev. You authorise any such person to release to Interdev any personal information that person holds concerning you.
8. INTELLECTUAL PROPERTY
8.1 All Intellectual Property remains with Interdev Australia Pty Ltd unless otherwise expressly agreed in writing.
9. DISCLAIMER OF LIABILITY AND WARRANTIES
9.1 The Trade Practices Act 1974 (Cth) and similar laws may confer rights and remedies on you in relation to the provision by Interdev of goods or services ordered by you which cannot be excluded, restricted or modified (Non-excludable Rights). Interdev does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
9.2 Except as provided for by the Non-excludable Rights:
a) all goods and services ordered by you are provided without warranties of any kind, either express or implied;
b) Interdev does not warrant that those goods and services will be complete or free from all errors; and
c) Interdev does not warrant that information will continue to be available to Interdev to enable Interdev to keep those goods and services up-to-date.
9.3 Subject to clause 9.1, under no circumstances (including but not limited to any act or omission on the part of Interdev) will Interdev be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use, or any inability to use, Interdev’s goods or services.
9.4 To the fullest extent permitted by law, Interdev’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Interdev to supply of the good or service ordered by you again or paying for their resupply.
10. GOVERNING LAW
10.1 These Conditions will be governed by and construed according to the law of Queensland and the parties agree to submit to the jurisdiction of the courts and tribunals of that State.