Acceptance:Youaccept theseTermsandConditionswhen:
1.YousubmitanOrder.
2. youacceptdeliveryof,or anypartof, Goodspursuant toan Order;or
3. youmakePayment,orpartialPayment,for any Goods andServices suppliedbyus.
1. Quotes& Orders
2. Requestinga Quote:Youmay request a Quote fromus relatingtothepotential supplyof
Goods andServices.
3.Providinga Quote:Wemayprovide toyoua Quote relatingtothepotential supplyof Goods
andServices, whichmay include theprice andquantityof the Goods andServicesproposedto
be suppliedbyus andotherrelevantdetails asnecessary.
4.Placingan Order: Ifour Quote is acceptable toyou, youmayplace an Orderfor eachsupplyof
Goods andServices, subject toclause 2.4.
1.Price: Unlessotherwise agreedtoin writingbyusorbyour authorizedrepresentative, subject
tothis clause 3, theprice chargedandpayable for the Goods andServices shallbe theprice in
Australiandollars at thedate we accept the Order(less any applicablediscount ineffect at that
time), together withany applicable taxes, charges anddelivery costs inrelationtothe Goods
andServices.
2.Variationofprice:Prices containedinany Quoteor Orderfor the supplyof Goodsor Services is
basedonthe costprevailingandthe specificationsuppliedat the timeof the Quoteor Order.
We reserve the right tovary theprice if:
1. there is anymovement inthe costof supplyingthe Goodsor Services specifiedinyour
Order;or
2. if the Goodsor Services specifiedinyour Order are variedfromthe Goodsor Services
specifiedinour Quote.
3.Changes toprice: Allpricesquotedare subject toalterationand we willprovide you with
reasonablenoticeof any suchprice alteration. Inthe eventof apricingerroror change inpricing
onour website we will contact youandgive youanopportunity tocancel the relevant Order
withina reasonable time.
2.Price
3. Payment.
1.Invoice on delivery: Unless otherwise agreed in writing, we will issue you an Invoice
upon delivery of the Goods or Services specified in your Order accepted by us.
2.Payment: (30 Days EOM) All Payments shall be made in full within 30 days from the
end of month that the goods were Invoiced.
3.Payment method: All Payments are to be made to us in by direct credit to the bank
account nominated by us, by credit or by cheque or as otherwise agreed by us in
writing.
4.Payment in installments: We may at our discretion as agreed in writing accept
Payments in installments upon such terms as we see fit.
5.Revocation of credit: We reserve the right to revoke at any time any credit extended
to you because of your failure to make any Payment when due or for any other reason.
6.Suspension of Order: If as a consequence of an instruction from you, we delay or
suspend an Order or any part of an Order for a period of 60 days or more, we may:
1. request the payment in full for all work in progress relating to the relevant Order
at the time of suspension; and
2. alter the price for the uncompleted portion of the relevant Order.
7.Costs of enforcement: We may recover from you any costs we incur in the collection
of Payment of any Invoice.
8.No set off: You may not set off against any Payment, at law or in equity, any claims
which you may have against us.
4. Cancellation
1.Cancellation by you: You may not cancel an Order, or any part of it, without our
written consent which may be withheld in our absolute discretion. We will endeavor
to accommodate your request to cancel an Order if the Goods, the subject of the
Order, have not been shipped at the time of the cancellation request.
2.Payment of costs incurred: Without prejudice to our right to refuse consent for you
to cancel of an Order under clause 7.1, as a condition of giving such consent we may
require that you pay all costs reasonably incurred by us for in relation to the cancelled
Order or the cancelled part of the Order plus a re-stocking fee as advised at the time
of cancellation.
3.Cancellation by us: We may in writing cancel an Order or delivery of an Order
without liability to you (save as required by relevant laws) if:
1. we reasonably form the opinion that you are insolvent or at material risk of
insolvency.
2. you fail to pay any amount for the Goods or Services on the due date; or
3. we reasonably form the opinion that supplying Goods to you may have a
negative impact upon our business or commercial reputation or image.
5. Delivery & risk
1.Delivery: We, by our nominated carrier or otherwise, will deliver the Goods to the
place nominated by you or as otherwise agreed.
2.Time of delivery: Delivery shall take place upon delivery of the Goods to you, your
agent or nominee or to a carrier on your behalf as applicable at the place specified by
you (whichever is earlier) or as otherwise agreed.
3.Cost of delivery: We will charge you the cost of delivering the Goods to you.
4.Installments: We reserve the right to make deliveries in installments and these
Terms and Conditions shall be severable as to such installments.
5.No liability for delay: We will use reasonable endeavors to deliver the Goods to you
by the date and to the place specified by you. Without limiting clause 10 (Exclusions
and Limitations), we shall not be liable for late delivery or delay in delivery.
6.Risk passes on delivery: The risk in the Goods shall pass to you upon placement of
the Goods onto the nominated form of transport for delivery to you.
7.Insurance over Goods: If requested by us, you shall from the delivery date until we
have received Payment for all Goods in full, insure the Goods for their full
replacement value, and provide to us upon our request evidence of such insurance.
6. Defects & return of goods.
1.This clause 9 is subject to clause 10 (Exclusions and Limitations), clause 11 (Statutory
Rights) and any other statutory or legal right whether under these Terms and
Conditions or otherwise.
2.Returns: You may only return the Goods if:
1. They do not materially comply with the Order.
2. if permitted by law, including the ACL; or
3. unless otherwise agreed in writing.
3.Notification: If you wish to return any Goods delivered to you, you must give to us:
1. notice within a reasonable time of your receipt of the Goods; and
2. the original Invoice details.
4.Replacement or credit: If we accept the return of Goods from you the Goods must
be returned in their original packaging, and we will at our option either:
1. replace the returned Goods; or
2. give a credit or a refund for such Goods.
5.Costs to return Goods: Costs relating to the return of Goods under this clause 9 are
payable:
1. if the defect is solely due to us, by us and must be transported by our nominated
carrier; or
2. otherwise, by you.
6.Payment for other Goods: You may not withhold any payment due to us in respect
of any other Goods pending the resolution of a claim for a defect.
7.Non-payment of account: we will not accept notifications under this clause 9 in the
event of your non-payment of an account.
8.Goods damaged in transit: If the Goods are damaged in the course of being
delivered to you:
1. you must notify us of any claim for Goods damaged in transit within a reasonable
time of delivery; and
2. subject to our acceptance of your claim under this clause 9, we will replace the
relevant Goods. You must mark on the relevant consignment note when the Goods
are returned that the goods were “Received Damaged”.
7. Exclusions & limitations
1.ACL exception: The exclusions and limitations in this clause 10 are subject to clause
11 (Statutory Rights).
2.General exclusion of liability: Any liability arising in relation to Goods and Services
the subject of your Order or that we supply to you, however arising and whether for
consequential loss or otherwise, and including any liability arising by virtue of any
representation or warranty, whether express or implied by law, is hereby excluded to
the fullest extent permitted by law.
3.Limitations: No warranty is given, and we will not be liable for:
1. alterations to Goods for which we are not responsible.
2. damage or failure caused by unusual, non-recommended, negligent, or
improper use or application of the Goods; or
3. loss caused by any factors beyond our control.
4.Indirect loss: We will not be liable for any special, indirect, consequential, or
economic loss or damage or loss of profits (in contract or tort or arising from any
other cause of action) suffered by you or any other person resulting from any act or
omission by us (including breach, termination, or non-observance of the terms of an
Order or agreement which incorporates these Terms and Conditions).
5.Total liability: Our total liability for breach of these Terms and Conditions or breach
of our contractual obligations or duties at law or in equity (however arising) is limited
at our option to:
In the case of Goods
1. the replacement of the Goods or the supply of equivalent goods.
2. the repair or rectification of the Goods.
3. the payment of the cost of replacing the Goods or of acquiring equivalent goods;
or
4. the payment of the cost of the repair or rectification of the Goods.
In the case of Services
5. the supply of the Services again.
6.No reliance: You acknowledge and agree that subject to your rights at law:
1. you have and will make your own assessment of the fitness for purpose and
suitability of any Goods supplied to you.
2. you do not and will not rely on our skill or judgment nor that of any person by
whom any prior negotiations or arrangements in relation to the acquisition of any
Goods were conducted or have been or will be made; and
3. You have not made known to us or a manufacturer of goods (directly or via any
person and whether expressly or impliedly) the particular purpose for which you
acquire the Goods.
7.Third party work: If we obtain goods from a third party in order to carry out your
instructions or complete an Order:
1. We will not be liable for any breach of these Terms and Conditions if that breach
is a result or is connected with the supply by a third party of such goods.
2. We acquire such goods as agent for you not as principal and will have no liability
to you in relation to the supply of these goods.
3. any claim by you in relation to the supply of such goods or services must be
made directly against that third party; and
4. You must pay for such goods, and we will give you notice of any such third-party
charges as applicable.
+61 291455197
Contact Us
info@igrepsolutions.com
Level 1, 4 Shadforth Street, Wiley Park
www.igrepsolutions.com