TERMS AND CONDITIONS OF SUPPLY
1. INTERPRETATION In these Terms & Conditions ("T&Cs"):“Company” means ERQ (ABN 69 124 200 513), PO Box 125, Narangba, Queensland 4504. “Purchaser” means the purchaser named on the order. “Goods” means the items supplied by Company to Purchaser. “Price” means the purchase price of the Goods including any fee or component for their supply.
2. CONTRACT (a) All Goods are sold, thereof supplied, on these T&Cs, and these T&Cs constitute a separate contract in relation to each item sold by Company to Purchaser. (b) These T&Cs shall prevail over all Purchasers’ conditions if inconsistent. (c) All representations, statements, terms and conditions not embodied in these T&Cs are expressly excluded to the full extent permitted by law.
3. PRICE (a) Unless otherwise stated, all prices quoted are: (i) inclusive of any tax, duty, levy, charge (including in the nature of a goods and services tax) in respect of any product or service supplied by Company or fees paid to or received by the company. (ii) exclusive of freight, postage, packaging, handling, insurance and any other expenses or charges unless otherwise stated. (b) Amounts shown in any document provided by Company shall be prima facie evidence of debts due from Purchaser to Company.
4. PAYMENT (a) 100% of the price including any applicable freight charges, shall be payable at the time of placement of the order. The price shall be paid STRICTLY via Credit Card (VISA, Mastercard) via our SQUARE Payment Gateway (electronic invoice with payment link will be emailed on request), Direct Deposit (Bank details shown on invoice emailed separately) or PAYPAL (online orders only). Goods will be dispatched when FULL payment has been received into Company’s bank account. Direct Deposits may take 2-3 working days from payment for funds to show in the Company’s bank account. (b) Account Holders: FULL payment is due as per the 'Account Type' terms as stated on issued invoices e.g. 7 Days, 14 Days etc. The Company reserves the right to charge interest on overdue accounts at the General Interest Charge (GIC) rate published by the Australian Taxation Office. The published GIC annual rate as at July - September 2018 is 8.98% p.a. This rate is subject to change quarterly.
5. RETENTION OF TITLE (a) (i) Notwithstanding any other clause contained herein the full legal and equitable title in the Goods shall be retained by Company its lawful successors in title and assigns and will only be transferred when Purchaser's indebtedness to Company or its lawful agents for the purpose under these T&Cs, together with any GST or interest payable is fully discharged. (ii) Until the moment of receipt of full payment of all Purchaser's indebtedness as referred to in paragraph (a) (i) herein Purchaser shall keep the Goods for and on behalf of Company. (b) Notwithstanding any other clause contained herein the risk in all Goods shall pass to Purchaser upon delivery; all Goods must be paid for notwithstanding destruction or damage however caused. (c) Purchaser shall ensure that the Goods are stored so that they are clearly identifiable as Company's property and are not intermingled with other property. Purchaser shall not in any way alter or treat the Goods so as to change their quality or nature in any way until as aforesaid. (d) Payment of the amounts owed by Purchaser to Company under this Agreement shall be deemed to have been made when payment has been received in full and funds cleared in Company’s Bank Account.
6. DELIVERY AND RECEIPT OF GOODS (a) All Goods delivered by Company to Purchaser shall, to the fullest extent permitted by law, be deemed to have been received by Purchaser in good order and condition and in accordance with any applicable specifications. (b) Company shall not be responsible for loss or damage to Goods in transit, unless the Goods were damaged by Company’s own carrier.(c) Company shall not be responsible for any loss or damage to Purchaser for any late delivery or non-delivery of Goods.(d) Delivery of Goods shall be to the destination nominated in the purchase order unless Purchaser advises otherwise in writing. (e) Express Service is Road Freight to a street address during business hours ONLY - We DO NOT Deliver Express Orders to PO BOXES. (f) The risk in the Goods shall pass to Purchaser upon delivery or collection by Purchaser’s agent or courier. (g) Purchaser agrees to have a representative over the age of 18 years present for delivery during normal business hours of 9am - 5pm (Mon-Fri) unless otherwise arranged. Purchaser agrees to pay for any additional costs incurred by Company for re-deliveries.
7. CANCELATIONS AND RETURNS (a) No order may be cancelled/varied without Company's written consent.(b) Purchaser shall not return Goods to Company without the prior written approval of Company, which Company may refuse at its sole discretion.
8. GENERAL MATTERS (a) These T&Cs are subject to the laws and courts of Queensland, Australia. (b) These T&Cs shall not be amended or varied except in writing signed by the Company; the Company may amend or vary these T&Cs by written notice to Purchaser.(c) The failure of the Company to enforce or exercise any right under these T&Cs will not constitute a waiver of any right.
By ordering and/or accepting delivery of Goods, Purchaser acknowledges it has read and understood the T&Cs set out above and accepts that all Goods are sold on those T&Cs