Terms and Conditions
Terms and Conditions of Trade
1. Property of Goods
1.1 Not withstanding that all the goods shall in whole or in part be at risk of the Purchaser from the date of delivery to the Purchaser, the property in the goods shall remain with RUGGEDPAD until they have been paid for in full by the Purchaser.
1.2 If the purchaser is a corporation and before payment in full has been received by RUGGEDPAD, the purchaser;
(a) Enters into any arrangement for the benefit of its creditors;
(b) An administrator, liquidator, receiver or official manager is appointed in respect of the Purchaser;
(c) An application is made to wind up the Purchaser; then RUGGEDPAD is specifically authorised as part of the consideration for the supply of the goods and/or services (if applicable) to enter the premises of the Purchaser and remove the goods supplied by RUGGEDPAD for which payment has not been made in full.
2. Order and Delivery
2.1 The Purchaser will place all orders to RUGGEDPAD in writing on the Purchaser’s standard order form (if applicable) specifying order number, date of order, goods required (full description), requested delivery date, quotation reference number, place of delivery and full name and title of person placing the order.
2.2 It is the Purchaser’s responsibility to fully inspect the goods upon receipt to ensure that the goods shipped by RUGGEDPAD to the Purchaser are complete and conform to the Purchaser’s order and specifications / requirements.
2.3 (a) RUGGEDPAD must be notified in writing of incorrect supply within 24 hours of receipt by the
Purchaser, RUGGEDPAD will not be liable to correct or rectify any such claims reported outside this time period.
3. Goods Return Policy
3.1 Return for Warranty
A Return Authorisation Number must accompany all goods returned to RUGGEDPAD from a RUGGEDPAD representative
3.2 Cost of returning goods under warranty is the sender’s responsibility.
3.3 Goods returned for warranty will be repaired or replaced at RUGGEDPAD discretion.
4.1 Return for Credit
4.2 All credit requests must be made in writing to RUGGEDPAD.
4.3 Requests for credit must be made within 30 days of purchase. RUGGEDPAD will upon notification advise a GRA number which is an invitation to return goods and is not to betaken as an acceptance of any credit claim.
4.4 Specifically ordered non-stock items would not be accepted back for credit.
4.4 Credit will be issued at RUGGEDPAD’s discretion and where applicable restocking fees will apply.
4.5 After a GRA number has been issued the Purchaser must return the goods within seven (7) days with GRA number clearly marked on the container/packaging of the goods;
4.6 Any goods returned must be in resalable condition; i.e. full pack qty’s, unmarked packaging.
5. Conditions of Supply
5.1 The goods and/or services supplied by RUGGEDPAD to the Purchaser are supplied on technical information and specifications and/or samples supplied by the Purchaser to RUGGEDPAD and notwithstanding any circumstances whatsoever including any advice or assistance provided by RUGGEDPAD to the Purchaser concerning the technical information, specifications and/or samples the Purchaser accepts full and complete responsibility whatsoever for goods and/or services supplied on the basis of faulty, incomplete, inaccurate, or defective technical information, specifications and/or samples.
5.2 If the goods and/or services supplied by RUGGEDPAD to the Purchaser do not correspond with the samples the Purchaser specifically agrees that RUGGEDPAD’s liability shall be limited to:
(a) The replacement of the goods or the supply of equivalent goods;
(b) The repair of the goods;
(c) The payment of the cost of replacing the goods or acquiring equivalent goods;
(d) The payment of the costs of having the goods repaired.
And RUGGEDPAD shall in no way be liable for any alleged consequential loss, damage, destruction, injury, harm of any nature whatsoever which may result from such non correspondence.
5.3 The Purchaser acknowledges and agrees to the full extent permitted by law and subject in particular to all rights and remedies in respect of the goods and services supplied by RUGGEDPAD which the consumer has under the Trade Practices Act (as amended) (the” act”) or equivalent or similar State Legislation;
(a) That the Purchaser has satisfied itself as to the suitability and fitness of the goods and/or services for the Purchasers particular purpose as specifically disclosed to RUGGEDPAD.
(b) The RUGGEDPAD goods and/or services do not constitute those of any kind ordinarily acquired for personal, domestic or household use or consumption pursuant to the Act or equivalent or similar State Legislation. Then RUGGEDPAD liability to the Purchaser shall in the case of any and all loss sustained by the Purchaser to be limited in the absolute discretion of RUGGEDPAD to:
In the case of goods, one or more of the following:
(1) In the replacement of the goods or the supply of equivalent goods:
(2) The repair of the goods:
(3) The payment of the costs of replacing the goods or acquiring equivalent goods;
(4) The payment of the cost of having the goods repaired. In the
case of services:
(1) The supply of these services again; or
(2) The payment of the cost of having the services supplied again.
And RUGGEDPAD shall in no way be liable for any alleged consequential loss, damage, destruction, injury, or harm of any nature whatsoever which may be caused to persons or property arising directly or indirectly from the use of the goods and/or services.
(c) All conditions and warranties implied by statute whether State, Commonwealth and at Common Law are hereby excluded so far as the law permits.
5.4 (a) The Purchaser acknowledges that its employees and agents may have access to private or confidential information owned or controlled by RUGGEDPAD relating to equipment, apparatus, programs, software, specifications, drawings and other data, and such information may contain proprietary details and disclosures. All information and data so acquired by the Purchaser or its employees or agents thereof shall be and shall remain the exclusive property of RUGGEDPAD.
The Purchaser shall use a reasonable degree of care, which in any event shall not be less than the same degree of care which the Purchaser uses to protect its own proprietary and confidential information, to keep and have its employees and agents keep, any and all such information and data confidential. The Purchaser shall not copy, publish or disclose such information and data to others, or authorise its employees, or agents, or anyone else to copy, publish or disclose it to others, without RUGGEDPAD prior written approval, and shall return such information and data to RUGGEDPAD upon request.
(b) With respect to all such information to be kept confidential the Purchaser agrees:
(1) Not to provide or make available any of the RUGGEDPAD proprietary information in any from to any person other than those employees, agents and subcontractors of the Purchaser who have need to know consistent with the Purchasers authorised use of the information:
(2) Not to use or reproduce such information except for use reasonably necessary in connection with the Purchasers order from RUGGEDPAD
(3) Not to publish or disclose any of the information to third parties without RUGGEDPAD prior written consent; and
(4) To return or destroy all such information which is in written or graphic form at the conclusion of is authorised use.
The purchase price of the goods and any other charges are payable to RUGGEDPAD at the time of placing the order.
In addition to the service to the purchase price and delivery charges and extra charges applicable the Purchaser will pay by the due date all Federal and/or State Goods and Services taxes (GST), consumption or similar tax, duty or fee applicable to the purchase of the goods and/or services. And shall indemnify RUGGEDPAD in respect of GST, consumption and/or similar tax, duty or fee.
8. These Terms and Conditions
8.1 May only be varied with written consent of RUGGEDPAD;
8.2 Shall be governed and interpreted in accordance with the laws of New South Wales and Australia as applicable and the parties submit to the non-exclusive jurisdiction of New South Wales Courts;
8.3 Constitute the entire agreement between the RUGGEDPAD and the Purchaser and supersede all previous communications whether oral or written between RUGGEDPAD and the Purchaser with respect to the subject matter hereof;
8.4 No rules of construction shall apply to the disadvantage of any party on the basis that that party was responsible for the preparation of these terms and conditions or any part of them.
8.5 Any part of these terms and conditions, which is prohibited or unenforceable, in any jurisdiction, be ineffective to the extent of such prohibition or inability to enforce without invalidating the remaining parts of these terms and conditions.
9.1 If a dispute arises out of or relates to these terms and conditions or the subject matter i.e. the goods and/or services the Purchaser and RUGGEDPAD agree to first endeavor to settle the dispute by mediation conducted in accordance with Australian Commercial Disputes Centre (ACDC) mediation guidelines and administered by the ACDC, provided that the mediator shall where possible be a suitably qualified member of the Association of Professional Engineers Scientists and Managers Australia.
9.2 In the event that any dispute has not been settled within (28) days (or such other period as agreed to in writing between the Purchaser and RUGGEDPAD) after the appointment of the mediator and the dispute may be submitted to expert determination administered by the Australian Commercial Disputes Centre (ACDC). The conduct of the expert determination rules provided that the experts shall, where possible, be a suitably qualified member of the Association of Engineers Scientists and Managers Australia and determination shall not be binding unless agreed to by both parties.
10. Force Majeure
Neither RUGGEDPAD nor any of its employees agents of subcontractors shall be under any liability whatsoever to the Purchaser for non-performance, part performance, defective performance or delay in the performance of any goods or services supplied or work carried out or to be carried out by RUGGEDPAD its employees agents or subcontractors, which is directly or indirectly caused by or is a result of any circumstance beyond the reasonable control of RUGGEDPAD. Without prejudice to the generality of the foregoing, the following shall be regarded as such circumstances:
(1)Act of God, explosion, flood lightening, fire or accident;
(2) War, hostilities (whether war be declared or not), invasion, act of foreign enemies;
(3) Rebellion, revolution, insurrection, military or usurped power or civil war;
(4) Riot, civil, commotion or disorder;
(5) Acts, restrictions, by laws, refusals to grant any licenses or permission, prohibitions or measures of any kind on the part of any government authority;
(6) Import or export regulations or embargoes;
(7) Strikes, lock outs, or other industrial actions or trade disputed of whatever nature (whether involving employees of the Contractor or third party);
(8) Defaultsofsuppliersorsubcontractorsforanyreasonwhatsoeverwheresuchdelayisbeyondreasonablecontrolof the subcontractor or supplier concerned.
(9) Incompleteness or inaccuracy of any technical information which it is the responsibility of the Purchaser to provide;
(10) Any failure, default, delay in performance, or any act or omission of any nature whatsoever on the part of the Purchaser, or its employees, agents, suppliers or subcontractors.
The Applicant is liable for all and any costs and expenses incurred by the Company, including legal costs and the costs of any mercantile or collection agent engaged by the Company to protect, recover or enforce any of the Company’s rights under this agreement.
E&OE – Errors and Omissions Excepted
All care has been taken to ensure the accuracy of the information provided within.