Trading Terms and Conditions
The following Terms and Conditions shall govern all dealing between us, At-Call Safety and you, The Buyer or Company or otherwise dealing with us as the customer.
- All quotations and offers made by At-Call Safety or orders accepted by At-Call Safety are only made on the basis that the within terms and conditions shall apply. The Terms & Conditions contained herein shall take precedence over any other terms and conditions deemed to apply to the contractual relationship between At-Call Safety and The Buyer. No term or condition shall be varied, waivered, deleted or amended unless expressly stated in writing and signed by At-Call Safety.
- At-Call Safety reserve the right to confirm in writing any quotations given orally when we receive your order for the supply by At-Call Safety of any goods or the performance by At-Call Safety of any service.
- The price is that quoted by At-Call Safety in respect of the particular order and not in any brochure or other product information published. The Buyer shall arrange to bear the cost of delivery, freight and insurance.
- Your order once accepted by At-Call Safety either orally or in writing shall give rise to a binding contract which shall include all these terms and conditions and shall be governed by the laws of the State of Victoria.
- Your order once accepted by At-Call Safety may not be cancelled or altered upon terms and conditions satisfactory to At-Call Safety which may include payment by The Buyer of a cancellation or alteration fee for all expenses we incur by way of labour, materials, services, freight, overhead expenses, fees, duties, taxes and loss of profit or loss of opportunity.
The Price quoted for the Order is subject to withdrawal by At-Call Safety at any time prior to our acceptance of the Order.
All Local, State or Federal taxes or levies, including where applicable GST, shall be payable by you.
All offers or quotations by At-Call Safety shall be in force for no longer than thirty (30) days unless otherwise specified in writing by At-Call Safety.
Performance & Delivery
- At-Call Safety will be not be responsible for any delay in or failure of performance of supply or delivery caused by circumstances beyond its control including but not limited to: strikes, lock-outs, labour disturbances, Act of Government, riot, civil war, commotion, fire, flood, failure of power supply or similar event and shall not be liable for any consequential loss, damage, expense or claim suffered by At-Call Safety or any other party as a result of any such event.
- Performance and Delivery times are quoted by At-Call Safety in good faith and as accurately as we are able to estimate but we accept no liability for non-performance or non-delivery by a certain time unless we have given a prior written guarantee of such performance or delivery and provided therein for liquidated damages for failure to perform or deliver.
- Where Services or procedures quoted are performed by any sub-contractor to At-Call Safety or goods quoted are supplied to At-Call Safety by any suppliers, the times quoted for performance or delivery are based on the Sub-Contractors promised times of performance or delivery to At-Call Safety or upon our estimate of a reasonable performance of delivery time and At-Call Safety does not accept liability for non-performance of non-delivery by a certain time unless a prior written guarantee of such performance of delivery has been provided to The Buyer in writing.
Returns & Credits
Goods returned for credit will only be accepted within 30 days from date of invoice. Goods must be in original unmarked condition and packaging. No credit will be issued for custom made, buy in, embroidered, screen printed, tailored or worn goods. Relevant invoice number details must be provided prior to the issue of a credit adjustment note. The transport of goods being returned for credit is at the expense of the purchaser. A handling & administration fee may be charged the purchaser.
Terms Of Payment
- All goods are supplied subject to retention of title. The goods remain the property of At-Call Safety until such time as payment in full of the outstanding sum relating to those Goods is received.
- Unless otherwise negotiated between At Call Safety and Buyer, At-Call Safety terms of payment are nett thirty (30) days from EOM. The Buyer shall not be entitled on any grounds whatsoever either wholly or in part to withhold payment when it becomes due.
- In the event that The Buyer does not make payment, At-Call Safety may at its absolute discretion, choose to:
- Suspend supply for the Goods until such time as all overdue amounts are paid in full.
- And /or charge interest on any overdue amounts at the prevailing overdraft rate applicable to At-Call Safety’s trading account.
- Suspend/Cancel deliveries of any other goods due to Buyer.
- Enter Upon The Buyer’s premises or storage facility and / or any other storage facility where At-Call Safety Goods are stored and take possession for any or all of the Goods to which At-Call Safety retains the title (and ownership).
Warranties & Liabilities
- Goods supplied and services performed by At-Call Safety are done so based upon the instructions and information provided by The Buyer. The Buyer agrees that you do not rely upon the skill and judgement of At-Call Safety in relation to the suitability of any of the goods for a particular purpose or application for which the goods are required by The Buyer and At-Call Safety are under no liability whatsoever if the goods are not suitable and fit for The Buyer’s intended purpose.
- Where we give advice in the course of supplying the Goods or performing the Service for you we give all such advice in good faith and with due diligence but we shall not be held liable at lay for any such advice.
- Processes performed of Goods supplied by any Subcontractor or Supplier shall only have the benefit of such warranty as At-Call Safety have from such Sub-Contractor or Supplier and then only to the extent that such warranty is honoured by such Subcontractor or Supplier.
- We make no representation of warranty that the services of goods conform with all or any legislation, by-laws or regulations including but not limited to the Occupational Health and Safety Act 1985 or Building Act 1993.
- The Buyer agree to make your own enquiries regarding these matters and you shall be liable and indemnify and keep indemnified us against all actions, proceedings, costs, charges, claims or demands arising directly or indirectly out of or in connection with any breach of this condition.
Our failure to insist upon strict performance of any Term or Condition of this Contract shall not be deemed a waiver thereof or any rights we may have and shall not, nor shall any express waiver or deemed to acquiescence in any subsequent breach of any Term or Condition of this Contract. A Term or Condition shall only be waivered if stated in writing and signed by At-Call Safety.
Any raw materials goods, designs, plans, photographs, standing matter, or other chattels deposited by you with us for performance of the services or any other reason shall be at your risk.
- In consideration of At-Call Safety having agreed to supply the customer with the goods and services at the request of the person making the order on behalf of the customer The Buyer agrees to be responsible to At-Call Safety to pay the price of the goods and services supplied.
- The Buyer acknowledges the guarantee is a continuing guarantee and the liability of the authorised person shall not be affected by At-Call Safety giving time or another other indulgence to the customer.
- The Buyer agrees to indemnify us in respect to all costs, charges and expenses whatsoever which we may incur by reason of any default on the part of the customer.
- All principals of a company, trust or partnership are required to sign a personal guarantee and indemnity. All guarantors shall be jointly and severally liable for performance of all the terms, covenants and conditions of At-Call Safety’s agreements.
- When a dispute arises between At-Call Safety and The Buyer, The Buyer agrees to comply with out dispute resolution process. To this end, a party with a complaint against the other is first required to notify the other of the dispute by giving written notice specifying the nature of the dispute, the outcome required and the action believed necessary under the circumstances that will assist both in settling the dispute. Each party will then in good faith attempt to resolve the dispute by negotiation. Undisputed amounts are to be paid forthwith.
- These conditions will not be varied unless At-Call Safety agrees in writing.
- Effective from 22.6.2012