Ad-Tek Pty. Limited ABN 49 152 312 742
Terms and Conditions
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b) Unless otherwise stated in the Company’s quotations or price lists current at the time of the Company’s acceptance of an order, prices quoted are strictly net. All goods or services delivered to the customer by the supplier in any Calendar month must be paid for in full in Australian dollars by the customer on or before the Supplier’s last trading day in the month following in which the goods or services were delivered or provided (“the Due Date”).
c) To secure payment of all monies which are or may become payable by the Customer under this agreement the Customer (or where the Customer is comprised of two or more persons then each person jointly and severally) hereby charges with the due payment of all of those monies all of the Customer’s interest in real property wherever located both present and future and the Customer consents to the Supplier lodging a caveat or caveats over such property to protect its interest.
d) All payments made using a credit card will be subjected to standard processing fee as follows: Mastercard Visa cards 2%, American Express and Diners Club 3%. The charges will apply to GST inclusive value.
II. words used in this clause which have a particular meaning in the “GST law” (as defined in the GST Act, and also including any applicable legislative determinations and Australian Taxation Office public rulings) have the same meaning, unless the context otherwise requires;
III. any reference to GST payable by a party includes any corresponding GST payable by the representative member of any GST group of which that party is a member; and
IV. if the GST law treats part of a supply as a separate supply for the purpose of determining whether GST Is payable on that part of the supply or for the purpose of determining the tax period to which that part of the supply is attributable, such part of the supply is to be treated as a separate supply.
b) Unless GST is expressly included, the consideration expressed to be payable under any other clause of these terms and conditions for any supply made under or in connection with these terms and conditions (including the price at which the goods are sold) does not include GST.
c) To the extent that any supply made under or in connection with these terms and conditions (including the supply of the goods) is a taxable supply, the GST exclusive consideration otherwise payable for that supply is increased by an amount equal to that consideration multiplied by the rate at which GST is imposed in respect of the supply, and is payable at the same time.
d) Each party agrees to do all things, including providing tax invoices and other documentation, that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with these terms and conditions.
e) If a payment to a party under these terms and conditions is a payment by way of reimbursement or indemnity and is calculated by reference to the GST inclusive amount of a loss, cost or expense incurred by that party, then the payment is to be reduced by the amount of any input tax credit to which that party is entitled in respect of that loss, cost or expense before any adjustment is made for GST pursuant to paragraph c).
The Company may commence legal action against the customer if the goods are not paid for, notwithstanding that property in the goods has not passed.
I. in the case of goods, either the replacement or the repair by the Company of the goods supplied to the customer; and
II. ii) in the case of services, either the supplying of the services again or paying to have the services supplied again,
and otherwise all other conditions and warranties whether expressed or implied by law in respect of the state, quality or condition of the said goods which may apart from this clause be binding on the Company are hereby expressly excluded and negatived.
b) Except to the extent provided immediately above the Company will have no liability (including liability in negligence) to any person for any loss or damage consequential or otherwise howsoever suffered or incurred by any such person in relation to the goods and/or services and without limiting the generality thereof in particular any loss or damage consequential or otherwise howsoever suffered or incurred by any such person caused by or resulting directly or indirectly from any failure, breakdown, defect or deficiency of whatsoever nature or kind of or in the goods and/or services.
c) Any drawings, description, weights, or dimensions submitted by the Company are approximate only and intended merely as a general guide and the Company will not be liable for any error or omission therein or with regard thereto.
d) No representation in relation to Company products will be binding on the Company unless in writing and signed by the Managing Director.
e) The Company’s obligation under sub-clause a) to repair or replace such goods is subject also to the customer having complied with all instructions given by the Company concerning the manner in which such goods should be used.
f) The Company reserves the right to change the formulae of products if results of research require this. Every reasonable precaution is taken in the manufacture of Company products and the compilation of information about them, but results cannot be guaranteed.
g) Normal precautions must be taken in handling Company chemical products to protect the skin and eyes. On no account should Company products be taken internally or used otherwise than for the purpose prescribed by the Company. No liability can be accepted by the Company in the event of misuse. Should a mishap occur – contact a hospital, the Poisons Information Centre or the Company.
against the Company for infringement of letters patent, registered designs or any other intellectual property which may arise as a result of the Company carrying out instructions given by the customer and the customer agrees to indemnify and keep indemnified the Company from and against all or any such claims and against all costs, damages and expenses incurred by or recovered against the Company in respect of any such claims.
The Company reserves the right to apply a delivery charge depending on quantity of goods and freight distance. Any delivery dates given by the Company are approximate only and no liability can be accepted for any loss, injury, damages or expenses consequent upon any delay in delivery from any cause whatsoever. Any such delay will not entitle the customer to cancel any order or to refuse to accept delivery at any time.
The customer must inspect goods immediately upon delivery and must within 7 days of inspection give written notice to the Company, with particulars, of any claim that the goods are not in accordance with the contract. If the customer fails to give that notice, then to the extent permitted by law the goods will be treated as having been accepted by the customer.
a) All, shortages and damage must be reported to the carriers and the Company in writing within 3 days of receipt of goods.
b) In the case of loss, must be reported to the carriers and the Company in writing within 14 days of the scheduled arrival date or in such other manner as may be specified in the covering documents.
No claims for any deficiencies will be considered unless the above conditions are adhered to.
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