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COMPANY TERMS & CONDITIONS

 
1. PRICE
1.1 The “Price” refers to the repair cost or the purchase price of any goods.
1.2 Any quotation for the cost of any repairs is provisional only and is subject to the diagnosis of any fault which diagnosis is only possible when the repair work has commenced and the goods have been dismantled AND the Customer hereby authorizes Form Direct / Reliable Hire to undertake such further work as may reasonably be required to rectify such faults and to vary the price accordingly subject clause 1.3.
1.3 If the cost of rectifying any additional fault discovered when performing the repair work in the reasonable opinions of Form Direct / Reliable Hire makes it not economic to repair the goods, Form Direct / Reliable Hire will notify the customer and not proceed with the repair until instructed to do so by the Customer. In any case, the Customer agrees to pay the full cost of repairs affected to that date.
1.4 Unless otherwise stated the Price is exclusive of freight delivery costs insurance and other charges in relation to the transfer of the goods between the supplier Form Direct / Reliable Hire and the Customer all of which charges shall be payable by the Customer.
1.5 Unless otherwise agreed in writing Form Direct / Reliable Hire reserves the right to vary all prices without notification.
1.6 All prices are exclusive of any consumption tax or other government taxes which may be introduced throughout the term of the Customer’s business association and relationship with Form Direct / Reliable Hire. All Prices will clearly include reference to GST components (if applicable).
1.7 Due to the expense of raising and processing an invoice, a $5.00 accounting or handling charge will apply to all invoices under $25.00.


2. RISK
2.1 All care will be taken but no responsibility will be accepted for loss or damage to the goods.
2.2 Risk in the goods shall pass to the Customer upon the product being allocated to this agreement (‘Allocation’) by Form Direct / Reliable Hire or its third party supplier if applicable.
2.3 Without limiting the generality or clause 2.2 all transit/carriage of the goods after allocation shall be at the Customer’s risk in relation to all transfers which may be made between Form Direct / Reliable Hire, the Customer and any third party Supplier and irrespective of whether the transfer is arranged by Form Direct / Reliable Hire, the Customer or third party Supplier.
2.4 The Customer undertakes to provide instruction to Form Direct / Reliable Hire for delivery or collection of the goods within 24 hours of receiving notice of allocation.
2.5 The Customer hereby acknowledges that Form Direct / Reliable Hire shall not be liable for damage to the goods or that of the goods which occurs while the goods are in the custody or control of Form Direct / Reliable Hire.
2.6 The Customer acknowledges the responsibility to arrange such insurance as it considers appropriate.


3. PAYMENT
3.1 The price shall be paid by the Customer in cash, by cheque, by approved EFTPOS or credit card facilities (PROVIDED ALWAYS that Form Direct / Reliable Hire shall be at liberty to pass on dealer percentages or charges relating to the usage of facilities if applicable) on the payment date which shall be earlier of:
3.1.1 Delivery/Collection of goods;
3.1.2 7 Days after Form Direct / Reliable Hire notified the Customer that the goods are available for collection by it;
3.1.3 7 Days after the risk in goods which have been ordered has passed to the Customer.
3.2 If payment is made by cheque which is dishonoured, Form Direct / Reliable Hire reserves the right to charge the Customer for account and bank charges and other fees incurred by it in respect of such dishonour.
3.3 The Customer acknowledges that any delay in payment of the price when due, will result in financial loss to Form Direct / Reliable Hire and in that case Form Direct / Reliable Hire reserves the right to recover from the Customer a default charge in addition to the price, such charge to be calculated on a daily basis at the rate of 18% per annum upon the outstanding balance of the price and to be payable by way of liquidated damages for breach of contract.
3.4 Form Direct / Reliable Hire shall be entitled to retain goods until the price of any applicable default or storage charges have been paid in full.


4. DELIVERY AND COLLECTION OF GOODS
4.1 Every endeavour will be made by Form Direct / Reliable Hire to complete delivery within the period, if any stated, but no liability can be accepted by Form Direct / Reliable Hire for delay in delivery or non-delivery.
4.2 The customer shall collect the goods within seven days of being notified by Form Direct / Reliable Hire that the goods are available for collection.
4.3 If the goods have not been collected after one month of Form Direct / Reliable Hire notifying the Customer of availability for collection, Form Direct / Reliable Hire reserves the right to thereafter apply an additional storage charge of $20 per week.
5. TITLE AND TRANSFER
5.1 Title in goods purchased shall remain with Form Direct / Reliable Hire until payment has been received in full.
5.2 Where the Customer obtains possession of goods purchased prior to making payment in full, he/she must:
5.2.1 Store the goods separately from the property of any other person;
5.2.2 At all times ensure that the goods are marked in some manner that will enable their identification as property of Form Direct / Reliable Hire, and
5.2.3 Not purport to mortgage, change, transfer convey or otherwise deal with the goods without the prior consent of Form Direct / Reliable Hire, and
5.2.4 At all times allow Form Direct / Reliable Hire to access the goods to inspect them and to retake possession as its discretion.
5.2.5 If the Customer mixes any such products purchased from Form Direct / Reliable Hire in which title has not passed with products in which title has passed, then the Customer shall be deemed to have assigned title to those products to Form Direct / Reliable Hire and such title will only pass back to the Customer when all monies owing to Form Direct / Reliable Hire have been paid in full.
5.2.6 The Customer acknowledges that it shall be responsible for providing accurate information in relation to all underground and other latent services and should the Customer fail to satisfy that responsibility then the Customer shall be liable for all losses, damages or other expenses which may flow from such breach.


6. EXAMINATION OF GOODS
6.1 The Customer is responsible for immediate examination of the goods upon delivery and deficiency or damage thereof must be reported to Form Direct / Reliable Hire in writing within 7 Days of delivery otherwise no such claims shall be considered.


7. COMPONENTS PARTS USED IN REPAIRS
7.1 All components used by Form Direct / Reliable Hire in repair of goods shall remain the sole property of Form Direct / Reliable Hire until they are fully paid for. If the price is not paid when due, Form Direct / Reliable Hire reserves the right to remove any such parts without liability to the Customer for so doing.


8. WARRANTY
8.1 Subject to clause 8.2, Form Direct / Reliable Hire hereby warrants its repair work and component parts used in such repair work for a period of 30 Days from the date upon which the Customer is notified that the goods are available for collection. If goods fail as a direct result of such repair work or component parts within that period Form Direct / Reliable Hire will repair the fault at no cost. Warranty does not extend to failure of the goods for reasons unrelated to the initial repair.
8.2 To the extent that any component part in the repair is supplied to Form Direct / Reliable Hire by 3rd party, the warranty offered by Form Direct / Reliable Hire in relation to the component shall be limited to Form Direct / Reliable Hire right of re-dress, if any, arising out of the alleged fault in the component.
8.3 All goods sold by Form Direct / Reliable Hire carry a warranty period subject to the manufacturers terms and conditions of warranty.
8.4 Freight in all warranty claims is payable by the Customer.


9. LIABILI TY
9.1 Form Direct / Reliable Hire shall not be responsible for damage or fault in performance arising out of incorrect or inappropriate operation of goods by the Customer. The Customer acknowledges that Form Direct / Reliable Hire gives no warranty as to fitness of the goods for the intended application of the Customer and that the Customer has relied entirely upon its own evaluation thereof. In particular, the Customer shall be solely responsible for ensuring that the goods are located upon suitable surfaces and in suitable locations (including but not limited to, ensuring that the site supports the weight and other structural elements of the goods and the customary uses).
9.2 This document contains all the terms of the agreement between the Customer and Form Direct / Reliable Hire. All other terms, conditions, warranties, undertakings, inducements or representations whether expressed, implied, statutory or otherwise relating in any way to the goods are excluded. To the extent permitted by law Form Direct / Reliable Hire is hereby excused from all liability or any form of loss or damages whether incidental, special, coincidental, general or otherwise (excluding loss of profit and revenue and notwithstanding that Form Direct / Reliable Hire may have been advised of such potential loss or damage) arising out of any breach by default on the part of Form Direct / Reliable Hire under or in connection with supply or repair of goods any defect or alleged defect in the goods or any negligent act, omission, or breach of contract or howsoever.
9.3 The provisions of this agreement that purport, exclude or limit Form Direct / Reliable Hire liability shall apply to the full extent permitted by law. Provisions of statutes from time to time in force in Australia may imply warranties or conditions or impose obligations upon Form Direct / Reliable Hire that cannot be excluded, restricted or modified except to a limited extent. If any such statutory provisions apply, to the extent to which it is >legally entitled to do so, Form Direct / Reliable Hire specifically limited its liability and responsibility to the extent outlined herein:
9.3.1 If the breach relates to goods:
9.3.1.1. The replacement of the goods or the supply of equivalent goods;
9.3.1.2. The repair of such goods;
9.3.1.3. The payment of the cost of replacing the goods or of acquiring equivalent goods; or
9.3.1.4. The payment of the cost of having the goods repaired; and
9.3.2 If the breach relates to services:
9.3.2.1. The supplying of the services again; or
9.3.2.2. The payment of the cost of having the service supplied again.


10. CREDIT
10.1 Subject to clause 6 & 9 hereof no goods may be returned to Form Direct / Reliable Hire nor credit allowed for such return without the prior approval of Form Direct / Reliable Hire.
10.2 Any application by the Customer to return goods and receive a credit shall be in writing and shall state the reason for the return and the action requested by the customer on the part of Form Direct / Reliable Hire.
10.3 Goods wrongly ordered by the Customer if accepted for credit return by Form Direct / Reliable Hire will subject to a 15% restocking fee.


11. DEFINITIONS
11.1 “Goods” means the products and or services requested by the Customer together with any goods or services which may be required to fulfil the order or request.
11.2 “Customer” means the parties specified as such on the specified face of this document.
 
TRADING TERMS
1. Our Trading Terms are strictly 30 Days - EOM;
2. Any amounts which remain unpaid after 30th day of delivery of goods/hire services will attract interest 1.5% per month (18% per annum) and further, any account which is overdue for a period of in excess of 90 Days will attract an automatic administration fee of $250.
3. The Applicant also covenants and agrees that it shall be responsible for and indemnify Form Direct / Reliable Hire against all legal costs (on a solicitor and own client basis) which Form Direct / Reliable Hire reasonably incur as a result of recovering fees, charges and expenses which have not been paid in accordance with the Trading Terms specified herein.
4.1 The Guarantor/s referred to in the schedule attached hereto specifically request that Form Direct / Reliable Hire enter into the within Credit Application with the Applicant and in consideration of Form Direct’s provision of such Credit Account, the Guarantor/s guarantee/s to Form Direct / Reliable Hire the due and prompt payment of all amounts outstanding to Form Direct / Reliable Hire from time to time and further indemnifies Form Direct / Reliable Hire in relation to any matters which may, for any reason whatsoever, be unenforceable as against the Applicant.
4.2 The Guarantor/s further covenant/s and agree/s that they are jointly and severally liable in addition to the Applicant to Form Direct / Reliable Hire for all sums of money so owing.
4.3 The Guarantor/s further covenant/s and agree/s that Form Direct / Reliable Hire may provide time or other indulgences in relation to amounts due and owing by the Applicant to it, without prejudice to the liability which the Guarantor/s bear hereunder.
5. The Applicant and the Guarantor/s of the Applicant covenant and agree that it shall be a substantial breach of this Credit Application Form if it/they fail to immediately notify Form Direct / Reliable Hire of any change in address or ownership structure of the Applicant.
6. The Applicant and the Guarantor/s of the Applicant also covenant and agree by executing this Application, that they have read and been forwarded the opportunity to obtain independent legal advice in relation to the attached Terms and Conditions and confirm that they form part of each and every supply provided by Form Direct / Reliable Hire to the Applicant and/or the Guarantor/s and further, that such Terms and Conditions may be relied upon by Form Direct / Reliable Hire in addition to any other rights which Form Direct / Reliable Hire may have at law or in equity