Goldacres Terms & Conditions

GOLDACRES TERMS AND CONDITIONS OF SALE AND WARRANTY

1. 1. These terms and conditions apply to all goods and/or services supplied by us to you. You are agreeing to them by placing an order with us.
   2. Unless you have a previously approved account with us you must pay us the purchase price for the goods and/or services we supply to you, together with any other applicable fees or charges immediately on delivery or collection of the goods, or if ordered online or by phone on the placement of your order. All repairs or servicing must be paid for before we will release the goods to you. If you do have an account with us the separate terms of that account apply.
   3. Time is of the essence for all payments required under these conditions.
   4. Unless specifically stated otherwise, all prices which we quote or estimate to you are inclusive of GST for goods supplied within Australia and exclusive of GST for goods exported outside of Australia. If GST is payable on a Taxable Supply made by us to you, then you must also pay the amount of GST payable in respect of that Taxable Supply as an additional payment.
   5. You must pay interest on any amounts not paid by the due date at a rate 2% higher than the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 (Victoria) as at the date the amount became due.
   6. Property in goods supplied (and in any goods which we may have previously supplied to you) remains with us until we have been paid in full for all amounts you owe us including payment for the goods and any applicable interest, fees and charges, and until then:
      1. you hold the goods only as a bailee and have no right to claim any other interest in the goods, including any security for any liquidated or unliquidated debt or obligation that we owe you, or any lien over the goods;
      2. we may enter and recover possession of the goods from any site owned, possessed or controlled by you and you grant us an irrevocable licence to do so;
      3. you must not deliver or on-supply any of the goods (nor any document of title to them) to any person, but if you do then you hold the proceeds of the on-supply of the goods on trust for us and must pay the amount to us immediately when received;
      4. you must not allow any person to have or acquire any security interest in the goods nor create any absolute or defeasible interest in the goods in relation to any third party except as we may authorise;
      5. you must insure the goods for their full insurable or replaceable value (whichever is higher) and provide us with details of the insurance if we request it;
      6. you must not remove, deface or obliterate any identifying mark or number on any of the goods;
      7. your right to possession of the goods ceases if we recall or recover the goods, or if you become insolvent, you enter into voluntary or involuntary administration or receivership, or a petition is filed for your bankruptcy or winding up.

You further agree:

1. 1. that the retention of title under this clause is a security interest within the meaning of the Personal Property Securities Act 2009 (Cth) (“PPSA”);
   2. to grant us a purchase money security interest (as that term is defined in the PPSA) in relation to the goods;
   3. to contract out of all of your existing and future rights under the provisions referred to in paragraphs (a) through to (r) of section 115(1) of the PPSA, to the full extent permitted;
   4. to sign any documents or do any things which we may reasonably require to enable us to register a financing statement or financing change statement on the register (as defined in the PPSA);
   5. to pay any costs we incur in registering and maintaining a financing statement (including registering a financing change statement) and enforcing the security interest created under these terms and conditions.
2. Risk in the goods passes to you upon their delivery to or collection by you.
3. You hereby indemnify us and our employees, directors, contractors and agents against, and release us and them from, any loss (including reasonable legal costs and expenses) or liability incurred by us and/or them arising from any claim, demand, suit, action or proceeding by any person against us and/or them where such loss or liability arose directly or indirectly from or in connection with any breach of these terms and conditions or from use of the goods and/or services unless such liability is directly caused by the negligence or default of the person indemnified.
4. You, or anyone on your behalf must not, and you must take steps to ensure that your employees, agents and contractors do not, nor assist anyone else to:
   1. copy, memorise, reproduce, misappropriate or reverse engineer the whole or any part of the goods
   2. challenge, contest or oppose any of our intellectual property rights
   3. use any name or logo associated with the goods other than as we authorise you
   4. divulge our confidential information to any person or use it for your own benefit except as we have expressly authorised or as required by law.
5. Any specifications, drawings, details, statistics or performance figures we may have given you about the goods and/or services are only estimates and any deviation does not entitle you to make any claim against us. Any sample is provided only to indicate the general nature of the product, and we do not warrant that goods supplied will exactly correspond with any sample or with any previous or future goods supplied.
6. Except as stated in any separate written warranty we may provide you with the goods or a quote, under no circumstances will we have any liability to replace or repair defects in the goods where:
   1. the defects have not arisen solely from faulty materials supplied by us or faulty workmanship by us;
   2. the goods have received maltreatment, inattention or interference or have been used, applied, packaged or stored other than in accordance with our instructions and recommendations;
   3. products not manufactured by or approved by us have been used with the goods.
7. Except as provided in these conditions, all express and implied warranties guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or
   workmanship or otherwise are expressly excluded. We are not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the application, supply, layout, assembly, installation or operation of the goods or arising out of our negligence or in any way whatsoever. The exceptions in clause (12) extend to any Third Party Accessories installed in the goods.
8. If any condition or warranty is implied into this agreement under the Competition and Consumer Act (2010) (Cth) or any equivalent State or Territory legislation and cannot be excluded, then our liability is limited to one or more of the following:
   1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired;
   2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
9. Nothing in these conditions is to be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
10. Any quotes on pricing provided by us are consistent with the prevailing market at the time of quotation, including considerations as to rates of freight, insurance, customs, duties, exchange, shipping expenses, sorting and stacking charges, cartage, cost of materials and other charges affecting the cost of production prevailing at that date.
11. Any increases in the quote price occurring either before or during the agreement, shall be to your account.
12. Our quotations are open for acceptance within the period stated therein. If no period is stated, our quotations are open for acceptance for (14) fourteen days from the date the quote was given.
13. All prices listed in our quotations and product catalogue are subject to change or alteration without notice.
14. Unless we otherwise agree in writing we accept credit card or eftpos payments only.
15. We do not accept payment by cheque unless we have previously agreed in writing to do so.
16. Any goods you deliver to us must be free of any chemicals. If you deliver goods that are not free of chemicals, you must pay any costs incurred by us including the cost of our own staff in removing and disposing of the chemicals and cleaning the goods.
17. If after 28 days of notifying you that your goods are ready for delivery we have received no communication from you, we retain any rights under the Australian Consumer Law and Fair Trading Act 2012 (Vic) to sell the goods to recover the value of any outstanding debt you may owe
    us.
18. You are responsible for backing up any Data that you, or your agent, may install on the goods. If the Data is wiped, corrupted, or lost, we are not liable (whether we are negligent or otherwise) for any damage that may result from that Data being wiped, corrupted or lost.
19. Before you use any of our goods you must check, and if necessary adjust, all settings to ensure the goods are properly calibrated.
20. We are not liable to you for any failure by us to perform any of our obligations under this agreement caused by an impediment or circumstance beyond our control.
21. In these terms and conditions,
    1. “we”, “us” or “our” means the entity within the Goldacres Group from which you purchase goods and/or services, including, but not limited to:
       1. Goldacres Trading Pty Ltd ACN 061 306 732; and
       2. Goldacres Sprayer Centre Pty Ltd ACN 639 231 520
    2. “you” or “your” means the individual or company that purchases goods and/or services from us.
    3. “our confidential information” includes all of our secrets, ideas, know how, concepts, information, copyright, computer programs, manuals, precedents whether in writing or in any other form and all other information relating to us or our affairs, businesses, sales, marketing or promotional information, and any information about the ingredients, mix, make-up or manufacturing process of the goods
    4. “goods” includes any associated services except where the context does not permit.
    5. “Third Party Accessories” includes anything incorporated in the goods that is manufactured and supplied to us by a third party.
    6. “Data” includes any information capable of being installed and/or stored on an electronic device.
22. Used Goods- For any second hand or used Goods sold, except to the extent that a manufacturer’s warranty applies.
    1. all used or second-hand Goods are sold on an “as is where is” basis with all existing or future inadequacies, faults or defects, if any, and whether they are known or unknown.
    2. The Seller does not warrant the second hand or used Goods are fit for any purpose or free from any defects and does not warrant the accuracy of any service or repair history, meter or hour readings and to the extent permitted by law the Buyer releases the Seller from all liability arising or connection with any defects faults or inadequacies in the Goods and any warranty under these terms or at law excludes liability for costs other than what is reasonable or customary to rectify and does not include costs for time or labour, testing, travel or freight or packaging and handling.