GENERAL TERMS AND CONDITIONS OF TRADE
3. Acceptance
3.1 Any instructions received by HUMISCOPE GROUP from the Customer for the supply of Goods, the Customer’s acceptance of Goods or Services supplied by HUMISCOPE GROUP and acceptance by electronic means are acceptance of these terms and conditions and HUMISCOPE GROUP and the Customer consents to communication and execution by electronic means.
3.2 Where more than one Customer has entered into this agreement, the Customers are jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended by written agreement.
3.4 The Customer acknowledges that for the commencement of the Services or delivery of Goods the Customer must supply a signed acceptance of HUMISCOPE GROUP’s written application, quote, work authorisation, invoice or purchase order.
4. Price And Payment
4.1 The Price is as indicated on invoices provided by HUMISCOPE GROUP to the Customer in respect of Goods supplied or Services rendered subject to HUMISCOPE GROUP's quoted Price which is binding upon HUMISCOPE GROUP provided that the Customer accepts HUMISCOPE GROUP's quotation in writing within thirty (30) days.
4.2 A deposit is payable prior to delivery if included in the invoice or quotation.
4.3 Payment is due in accordance with the invoice or quotation which may include progress payments and if not specified then 7 days after the date of the invoice by cash, bank cheque, electronic funds transfer or credit card (subject to the addition of a surcharge of 2.5 % of the Price) to HUMISCOPE GROUP's nominated account and interest at 1% per month may be charged on overdue amounts until paid.
4.4 GST , delivery costs, any taxes and duties that may be applicable must be added to the Price except when they are expressly included in the Price.
5. Delivery Of Goods and Services
5.1 Delivery of the Goods and Services takes place when the Customer takes possession of the Goods in accordance with the quotation or invoice.
5.2 The costs of delivery are payable as included in the invoice or quotation and if not specified are in addition to the Price payable on delivery.
5.3 The Customer must make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then HUMISCOPE GROUP may charge a reasonable fee for redelivery.
All dealings between the Customer and HUMISCOPE GROUP are subject to these terms and conditions to the extent permitted by law.
Definitions
1.1 “HUMISCOPE GROUP” means HUMISCOPE GROUP Pty Ltd ACN 166 129 308 T/A Climascope or Humiscope its successors and assigns or any person acting on behalf of and with the authority of HUMISCOPE GROUP Pty Ltd.
1.2 “Customer” means the Customer (or any person acting on behalf of and with the authority of the Customer) named in any application or as described on any quotation, work authorisation or other form as provided by HUMISCOPE GROUP to the Customer and all successors and assigns.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.4 “GST” has the same meaning as in the A New tax System (Goods and Services Tax) Act 1999 (Cth)
1.5 “Goods” means goods and equipment supplied by HUMISCOPE GROUP to the Customer (and where the context so permits includes any supply of Services).
1.6 “Services” means all services supplied by HUMISCOPE GROUP to the Customer and includes any advice or recommendations and any supply and installation of Goods.
1.7 “Price” means the price payable for the Goods or Services as agreed between HUMISCOPE GROUP and the Customer in accordance with these terms and conditions.
2. The Commonwealth Competition and Consumer Act 2010 (“CCA”) , Fair Trading Acts (“FTA”) and legislation
2.1 The CCA and FTA provide consumers with guarantees and rights and nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA , the FTA or any relevant legislation in each of the States and Territories of Australia, except to the extent legally permitted by those Acts.
