In these Terms and Conditions, Memostone Pty Ltd trading as Design Data Management is referred to as “Design Data Management” and the purchaser of the goods is referred to as the ”Buyer”. The “Buyer” may also be the “Applicant” named in a credit application entered with Design Data Management.
Any order placed by the Buyer is deemed to be an order incorporating these Terms & Conditions notwithstanding any prior verbal discussions or agreements, or any inconsistencies, which may be introduced in the Buyer’s order or acceptance unless expressly agreed to by Design Data Management, in writing.
Payment for the goods shall be made by cash, cheque, credit card or direct debit or other form acceptable to Design Data Management and shall be made to the office of Design Data Management as specified overleaf upon or before delivery of goods except for account customers when payment shall be due 30 days from end of month in which goods were purchased. Credit Cards will attract a surcharge, currently 1.5% and subject to chain in bank interest rates.
Our business is continuing to expand and, in order to keep up with our expansion, we have arranged for Octet Finance (Qld) Pty Ltd (ACN632 841 564) (Octet) to provide a cash flow finance facility.
We have entered into contracts, or may in the future enter into contracts, with you under which we sell goods, provide services or do work for you. Under the cash flow finance facility all of our existing and future (also called receivables) are transferred to Octet. That includes all amounts payable under those contracts.
Payment must be made to Octet. It can be made in any of the following ways.
By Logging into AccountsPay at www.accountspay.com.au and paying by Credit Card, Debit Card or EFT
By EFT to Octet Finance (QLD) Pty Ltd as follows:
BANK: Bank of Queensland
BSB: 122 794
By Cheque, it should be payable to Octet Finance (Qld) Pty Ltd and posted to us at PO Box 275, Coopers Plains, Qld 4108.
Accounts exceeding normal trading terms may attract an additional interest charge of 10% per annum at the election of Design Data Management.
Delivery of the goods shall take effect and be deemed to take effect upon the passing of physical custody of the goods from Design Data Management to the Buyer, its servants or agents. Any carrier of the goods shall be deemed an agent of the Buyer. If a Buyer unreasonably refuses to accept delivery of goods, then the buyer is immediately liable for the full price of the goods.
The property of the goods remains with Design Data Management until full payment for the goods has been received. If the goods are first to be manufactured or assembled by Design Data Management it is agreed that when completed and before delivery they shall be then appropriated to the contract. Design Data Management has the right of reselling any goods over which it has retained title, and which the buyer has not paid for.
Notwithstanding anything contained in Clause 3 and 4 above the risk in the goods shall pass to the Buyer immediately upon the goods leaving the physical custody of Design Data Management.
The date of delivery specified in any order or quote is an estimate only. Whilst Design Data Management will take all reasonable steps to meet that date, however no liability shall attach to Design Data Management for any damage whether direct or consequential suffered by the Buyer or any other person by reason of the failure of Design Data Management to have available for delivery, the goods by the date specified.
There shall be no implied conditions or warranties relating to title, encumbrances, quality, fitness for purpose, correspondence with sample or description or any like matter except those implied by the provision of the Trade Practices Act 1958 as amended or any similar enactment.
Design Data Management accepts no liability for any advice or product suitability, application or performance. All advice should be verified by the customer and a product acceptance form completed.
Design Data Management shall not be liable where alternative products to those usually provided by Design Data Management are used or requested by a Buyer, and where asked to quote and/or supply these alternative products all liability remains with the Buyer to ascertain the suitability of the said product.
Design Data Management shall not be liable for any loss or damage to the buyer arising from installation practices used by the Buyer or any agent thereof on any goods sold by Design Data Management.
So far as there shall be any breach of a condition or warranty, express or implied in any agreement between the parties then the liability of Design Data Management arising out of such breach shall be limited to the repair or replacement of the goods and all other liabilities are expressly excluded and particularly Design Data Management will not be liable for the payment of the cost of the Buyer of a third party investigating any defect in the goods or repairing or replacing the goods nor will Design Data Management be liable for any other loss of any nature whatsoever occasioned or contributed by the Buyer, servants or agents or any other party howsoever arising.
No claim for loss, damage, defect or repair will be recognised unless made to Design Data Management within seven days following receipt of goods and accompanied by delivery docket stating original invoice number, date of purchase and reason for return and be in original packaging. Non-standard items shall not be credited. Non faulty items may not be credited at the discretion of management and will attract 20% restocking fee. These must also be in good condition in original packaging and accompanied by original paperwork. Any surcharges and freight charges will not be credited. Inward Freight, packaging and delivery charges shall be paid by the purchaser.
All goods may be covered by their manufacturer’s warranty terms. That warranty does not cover misuse or normal wear and tear. Goods are not warranted for commercial use unless the description specifies “commercial use”.
If the Buyer makes default in any payment commits an act of bankruptcy or insolvency or enters into liquidation, administration or receivership, or enters into a payment arrangement with creditors, Design Data Management may at its option withhold further deliveries or cancel the contract without prejudice to their rights there under.
The Buyer warrants that any design or instruction furnished to Design Data Management shall not be such as will cause Design Data Management to infringe by patent registered design or trade mark in the execution of the Buyer’s order. The Buyer agrees to indemnify Design Data Management against any infringement or unauthorized use of patent, trade mark, design or copy right arising out of use of the goods and it is specifically agreed that the sale and purchase of the goods does not confer on the Buyer any license or rights under any patent, trade mark or copy right the property of Design Data Management.
All prices quoted are F.O.B ex Design Data Management unless otherwise specified in writing. Should Design Data Management arrange delivery, then all conditions of the carrier shall bind the buyer. Freight charges, as applicable at time will apply. Should the Buyer require freight insurance, then Design Data Management must be advised prior to shipment, in writing and all costs will be at the Buyer’s expense.
All prices are subject to variation without notice to the Buyer in accordance with, amongst other things, Design Data Management’s prevailing prices at the time of delivery. Prices given are based on quantity ordered and for any variation in quantity Design Data Management reserve the right to adjust price accordingly. For imported items prices are based on the prevailing exchange and duty rates and the prevailing overseas freight and insurance rates at the of acceptance of order are subject to any variation (increase or decrease) in these at the date of payment by Design Data Management. Any variation in prices from suppliers to Design Data Management will be passed on direct to the Buyer.
Any quotation made by Design Data Management shall not be constructed as an offer or obligation to sell and accordingly Design Data Management reserves the right to accept or reject at its discretion any orders that may be received by them.
All prices quoted do not include GST and any such charge or similar charges will be for the account of the Buyer. The GST charged by Design Data Management is based on the tax believed by Design Data Management to be correct at the date of acceptance of the Buyer’s order (the initial charge). Should there be any variation required to the initial charge for any reason (including unintentional error) after the date of acceptance of the Buyer’s order and then the price of the goods and the amount payable by the Buyer shall be adjusted accordingly.
The Buyer placing his order with Design Data Management accepts all Design Data Management’s conditions of sale and Design Data Management conditions shall override the Buyer’s conditions of purchase. Design Data Management may vary these terms from time to time, by giving one week’s prior written notice of proposed variation to the Buyer. If the Buyer does not object to that variation within one week, the buyer shall be deemed to have accepted and agreed to be bound by the terms of that variation.