Terms and Conditions of Sale
The term "OnGuard Safety
Training" refers to the business partnership OnGuard Safety Training . The term "the Buyer"
refers to the party to whom the quotation is submitted or with whom OnGuard
Safety Training enters
into a contract.
All orders placed with
OnGuard Safety Training, whether pursuant to quotation
or otherwise, shall be subject to the terms and conditions as herein contained
and shall exclude any contrary provisions in the Buyer’s general terms of
purchase (if any).
Firm orders once placed cannot be cancelled, in whole or in
part, without OnGuard Safety Training’s prior approval. If an order is purported to be cancelled or
varied after acceptance by OnGuard Safety Training, the Buyer must indemnify
OnGuard Safety Training in full against
all costs (labour & material used) and expenses incurred in performing the order
to the time of cancellation or variation.
No agent or representative of
OnGuard Safety Training has any authority to make
any representations, statements, warranties, or agreement not herein expressed
and OnGuard Safety Training shall not be bound by any such unauthorised statement, which shall not
form part of a collateral contract with OnGuard Safety Training. This order cannot be altered
except by writing duly signed by the Administration Manager of OnGuard Safety
Training.
All quotations are subject to change or withdrawal
at any time by OnGuard Safety Training without notice.
The products, goods or services supplied by
OnGuard Safety Training are only
intended for business use and any special requirements for the products, goods
or services, or any unusual use to which they may be put must be expressly
stated in writing to OnGuard Safety Training.
OnGuard Safety Training binds itself only to deliver goods in accordance with
the general description under which they are sold whether or not any special or
particular description shall have been given or shall be implied by law. OnGuard
Safety Training
does not give any warranty as to the quality, state, condition or fitness of the
goods for any particular purpose.
OnGuard Safety Training shall in no way be liable for any statement or
representation whatsoever made by any servant, employee or agent of OnGuard
Safety Training relating
to any products workmanship.
Unless specifically noted in writing all prices are
exclusive of any applicable tax (including sales, import, export or goods and
services tax), which the buyer is additionally liable to pay OnGuard Safety
Training.
The prices stipulated by
OnGuard Safety Training and relating to this contract
are based on rates, costs and conditions as at the date of order/ quotation of
materials, transport, labour, customs or other duty, sales tax, insurance and
other rates and charges. The prices shall be increased or decreased in any such
items or other factors affecting the cost of production and/or delivery due to
circumstances beyond the reasonable control of OnGuard Safety Training between the date of
order/quotation and the date of delivery. Prices quoted are based on all
materials being available when required and any increases due to necessary
substitution may be charged for if extra cost is involved.
Unless otherwise mentioned the price shall remain valid for
30 days from the date of offer, after which the quotation / order is subject to
confirmation.
Unless otherwise stated on the quotation / order - delivery
shall be by secure internet connection.
The Buyer shall accept the goods on or before the date
specified for delivery by OnGuard Safety Training. If the Buyer fails to accept the
goods or requests a delay in delivery the Buyer shall pay reasonable charges
until such time as delivery is made pursuant to which the buyer accepts the
goods. If the Buyer fails or refuses to accept delivery then the goods shall be
deemed to be delivered when OnGuard Safety Training was willing to deliver them.
OnGuard Safety Training shall not be liable for failure to deliver or for delay
in delivery occasioned by industrial action, difficulty in procuring suitable
materials required in the manufacture of the goods, shortage of stocks, shortage
of suitable labour, delays in transit, prohibitions or restrictions, fire,
hostilities, commotions, or other causes whatsoever (whether similar in nature
or not to the foregoing) beyond OnGuard Safety Training’s control.
OnGuard Safety Training reserves the right to deliver the goods by instalments.
Should OnGuard Safety
Training make defective delivery of or fail to deliver
one or more instalments this shall not entitle the Buyer to repudiate the main
contract.
Unless otherwise agreed, terms of payment are due strictly
30 days following invoice. Interest may be charged from the due date for payment
at a rate of two percent per month on any portion of the account which becomes
overdue. If OnGuard Safety Training shall at any time deem the credit of the Buyer to be
unsatisfactory it may require security for payment and may withhold delivery until provision of sufficient security. If the Buyer
shall fail to perform any of its obligations hereunder (not being a default in
payment of the purchase price) or shall commit an act of bankruptcy or being a
company cause any act which would render it liable to be wound up or have a
receiver appointed over its property, OnGuard Safety Training may at its option suspend or
terminate the contract and payment for all materials delivered and work
performed up to the date of such suspension or termination and other moneys
payable hereunder shall immediately become due and payable. All costs of or
incurred by OnGuard Safety Training as a result of such suspension and any recommencement shall be
payable by the Buyer upon demand. Any legal or debt recovery costs incurred by
OnGuard Safety Training in the collection of overdue accounts shall be charged to and paid for by
the buyer.
The liability of OnGuard
Safety Training whether in contract or in tort for any
loss, damage or injury arising directly or indirectly from any defect or
non-compliance of the goods supplied is limited to replacement or repair of such
goods or damages not exceeding the invoice value of such defective or
non-complying goods at the option of OnGuard Safety Training. OnGuard Safety
Training shall not be liable for any
consequential indirect or special damage or loss of any kind whatsoever. The
Buyer shall indemnify OnGuard Safety Training against any claims by the buyer’s servants, agents,
customers or other persons whomsoever in respect of any loss, damage or injury
arising from any defect or non-compliance of the goods supplied to the Buyer.
The Buyer shall not be entitled to withhold any payment or make any deduction
there from for any reason whatsoever. All other warranties, representations and
conditions as to fitness, suitability, merchantable quality, description or
otherwise whether express or implied by law or custom are expressly excluded.
OnGuard Safety Training shall not be responsible if the Buyer expressly or impliedly places any
reliance on any special knowledge, ability, skill or judgement of OnGuard Safety
Training or any
one or more of its agents, representatives or servants.
The right to reject non-conforming goods shall be limited so
as to be effective only if rejection is notified in writing to OnGuard Safety
Training within 14 days of receipt of the goods and the goods are forthwith
destroyed at the
Buyer’s expense. No claim for damages or otherwise in respect of defects or
non-conformity of the goods or otherwise shall be effective or enforceable
unless written notice thereof is given to OnGuard Safety Training within 30 days of receipt of the
goods.
All the original rights, powers, exemptions and remedies of
OnGuard Safety Training shall remain in full force notwithstanding any neglect forbearance or delay
in the enforcement thereof. OnGuard Safety Training shall not be deemed to have waived any
condition unless such waiver shall be in writing under the signature of the
Partners of OnGuard Safety Training and any such waiver unless the contrary shall be expressly
stated shall apply to and operate only in the particular transaction dealing or
matter.
This contract shall be governed by the law of New South
Wales and all disputes which may arise relating to or arising out of the
contract shall be submitted to arbitration in New South Wales. The provisions of
the Arbitration Act 1908 or any statutory re-enactment or amendment thereof for
the time being in force shall apply.
While OnGuard Safety Training will endeavor to scan for unknown viruses, detect
and attempt to notify you of any suspect data, OnGuard Safety Training cannot guarantee either
detection or removal.
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