Terms & Conditions of Trading
Telco Expense Management Pty Ltd
a) This company (Telco Expense Management (TEM) Pty Ltd) is located in Australia.
b) Payment is strictly due within 14 days from the date of invoice and is payable in advance.
c) Any order placed with the Company for goods and/or service implies acceptance of the following conditions which may be varied only in writing by the Company’s authorised representative. Descriptive and clerical errors are subject to correction.
d) These conditions are in place of and exclude all other warranties and conditions whether implied by statute or otherwise and in particular the Purchaser acknowledges that he has relied solely upon his own inspection and skill and judgement and not by reason of any representation by the company.
e) A written order from the purchaser signed by an authorised person will constitute an order. Orders from an authorised person received via email on company letter head will also be deemed a purchase order. However the core basis of the agreement is deemed by an agreed monthly consultancy fee and signing of TEM’s monthly debit authorisation
Any contract or order based on this or any other tender or quotation is only accepted upon and subject to the Company’s Terms and Conditions of Quotation, Sale & Repair as herein printed and these conditions are to have full force and effect as if incorporated into the Purchaser’s order. Unless expressly accepted in writing by the Company any variations of or additions to these conditions in a Purchaser’s order or order form will be deemed to be inapplicable.
All quotations are subject to withdrawal or variation by the Company at any time prior to acceptance of a firm order. No order given to the Company based upon a quotation shall be binding upon the Company until accepted by the Company in writing. The Company reserves the right to correct any accidental error or omission or quotation or invoice without prior notice.
All prices are net and Goods and Services Tax exclusive unless otherwise stated.
Where the Purchaser is a consumer as defined by any relevant law such as the Trade Practices Act, 1974 Commonwealth and similar state laws in respect of any goods, certain conditions and warranties cannot be excluded, restricted or modified (the consumer warranties). In those circumstances the Purchaser has the benefit of both the consumer warranties and the conditions contained in this clause and in the event of any inconsistency the consumer warranties shall prevail;
Goods and Services Tax
Prices quoted are subject to the addition of goods and services tax and to any tax imposed by any Government authority upon the goods quoted or upon the production, sale, distribution, delivery or upon any feature thereof if applicable. All such taxes shall be payable by the Purchaser and may be added to the purchase price by the Company.
Availability of goods
The Company shall have no liability direct or indirect for the delay in delivery. The delivery time for the goods quoted on an indent basis is an estimate only and is based upon the Company’s knowledge of conditions prevailing at the time the quotation is made. The delivery time is subject to variation in accordance with the Principal’s manufacturing programme and the availability of shipping space from the source of supply and also to any delay through Act of God, labour disputes, strikes, lockouts, fire, accident, non-delivery of parts by other manufacturers or any other causes or contingencies beyond the Company’s control and/or the control of the Principals. The Company does not accept orders under penalty for late delivery.
Acceptance of goods
The Purchaser shall inspect the goods immediately on the arrival thereof and shall within 1 day from such inspection give notice in writing to the Company of any matter or thing by reason whereof he may allege that the goods are not in accordance with the contract. If the Purchaser shall fail to give such notice the goods shall be deemed to be in all respects in accordance with the contract and the Purchaser shall be bound to accept and pay for the same accordingly.
Standing Orders & Contracts
Any Standing Orders and other contracts that have been made with TEM are binding within the specified period and can only be cancelled if both parties mutually agree. Goods whether they are custom made or not, or are in the process of manufacture, or are in transit and in the contract time frame will be purchased by the customer.
In the case of delivery or part thereof each and every delivery will be deemed to be sold under a separate contract and will be subject to these Terms and Conditions of Quotation, Sales and Repair.
In addition to any lien to which the Company may be entitled by statute or common law the Company shall, in the event of the Purchaser’s insolvency, bankruptcy or winding up, be thereupon entitled to a general lien on all property whatsoever owned by the Purchaser but in the Company’s possession at the time, such lien to cover the unpaid price of any goods (including the goods) sold by the Company to the Purchaser.
Failure by the Company to insist upon strict performance by the Purchase of any terms or conditions contained herein shall not be taken to be a waiver thereof or of any rights of the Company in relation thereto and in any event shall not be taken to be a waiver of the same terms and conditions on any subsequent occasion.
The contract constituted by the acceptance by the Company of the Purchaser’s order or by the Purchaser’s acceptance of the Company’s tender/quotation shall be construed to be in accordance with the laws of the State of Victoria.
Risk and dispatch
Unless otherwise specified by the Company the point of delivery of the goods shall be at the Company’s premises and other such sites. Goods delivered elsewhere shall at the Purchaser’s risk from dispatch to such premises and the Purchaser will indemnify the Company against any claim or liability damage or injury to or by the goods after dispatch and shall specify in writing on his official order if insurance is to be taken out on his behalf and at his cost. This provision will apply notwithstanding the fact that the Company has agreed to install the goods at the premises nominated by the Purchaser.
Illustrative and descriptive literature supplied by the Company to the Purchaser represents generally the goods specified therein but may not comply in all respects with the goods which are subject of this quotation.
Installations and Commissioning
All equipment shall be installed and commissioned by and at the expense of the Purchaser unless agreed to in writing or otherwise stated in the Company’s quotation. In the case of equipment which the Company or the Principal undertakes to install, it is the Purchaser’s responsibility to provide all service utilities required, e.g. electric power outlets, water outlets, drains, compressed airlines, etc. If special handling equipment is required such as heavy lift gear for movement of equipment at the installation site the cost of hiring or using such equipment and any associated charges will be additional for the Purchaser’s account. Installation will be made at the time of delivery or as soon as practicable thereafter and the special handling equipment will be at the Purchaser’s risk. Unless otherwise agreed the Company’s responsibility to install such equipment may cease if the installation is deferred by the Purchaser for an indefinite period.
Terms of Payment/Retention of Title
Where credit terms have been agreed, invoices are Strictly Net 14 days from the date of invoice. Terms of Payment may be varied at the discretion of the Company and will be outlined on the quotation. The property of the goods shall not pass to the Purchaser until the goods are paid for in full. In the event of non-compliance with the Company’s Trading terms, the Company reserves the right to suspend deliveries and/or cancel contracts and/or apply a service fee at the rate of 2.5% per month on all outstanding monies from the due date and/or void warranty. Where credit terms have not been agreed upon, the Company will require a credit card payment or direct deposit via Eftpos with order.
Any order placed resulting from this quotation may be cancelled in full or part by the Purchaser only upon the Company’s consent in writing and against payment to the Company of a reasonable and proper cancellation fee, should this be deemed necessary by the Company. Filing a petition of bankruptcy or commencement of any legal action for insolvency, or creditor’s petition for winding-up of the Purchaser’s company shall be deemed a cancellation by the Purchaser.
Injury and Damage
The purchaser shall indemnify the Company against all claims whether made under any contract or statute or under common law in respect to any loss or damage to any property whatsoever arising out of any defect in material or workmanship in connection with any goods manufactured and/or sold by the Company or any default or negligence on the part of the Company’s personnel in connection with or during the carrying out of any work by the Company on the Purchaser’s or any other person’s property.
Quotations are valid for 30 days unless otherwise stated.
The Purchaser shall not assign the contract or any right thereunder without the written consent of the Company.
TEM offices are located in Brisbane, Gold Coast and Sydney and dispatched from Queensland, Australia.