This is the Terms & Conditions of Urban Hyve ABN: 33628317751.
Once an order is placed by the Customer and accepted by the Company, if the Customer thereafter wishes to cancel or vary the order, the Customer shall be liable for any costs of manufacture incurred by the Company up to that point in time.
Terms of payment are as indicated on the quoted price. The Company reserves the right to change the Price in the event of a variation to the Company quotation.
DELIVERY AND RISK
Delivery of goods shall be effected by the Company to the Customer:
- subject to availability; and
- without any liability on behalf of the Company for any delays.
Once the goods have been delivered by the Company to the site of the Customer, all risk in and to the goods shall pass to the Customer.
All claims for any damage and/or defect in the goods purchased by the Customer must be made to the Company in writing within 3 days of delivery of the goods otherwise the goods are deemed to be received in good order and condition.
Any amount overdue for payment will bear interest at the rate of 1.5% per month from the date it becomes overdue until paid.
RETENTION OF TITLE
Possession of the goods shall pass to the Customer at the time of delivery. Notwithstanding the above, title and ownership of the goods shall only pass to the Customer when the Customer has paid the Company all that is owing to the Company in respect of the goods. Until such payment is made, the Customer holds the goods as bailee for and on behalf of the Company.
If the Customer fails to pay for the goods on time, such event shall entitle the Company, its servants or agents to retake possession of the goods and for that purpose the Company shall be entitled to enter upon the Customer's premises without being liable for trespass. The Customer shall nevertheless be liable for any and all amounts still due to the Company by the Customer less the value of the goods that the Company attributes to the goods at the time of such repossession. The Company's determination of the value of the goods at that time shall be prima facie evidence of the fair market value of the goods at that time.
Until the goods are paid for in full, the Customer shall;
- keep the goods on behalf of the Company fully insured against loss; damage and destruction;
- keep the goods clearly identifiable; and
- not grant any charge or mortgage over the goods or otherwise encumber the goods.
If the Customer sells the goods for which it has not made payment, it does so as the Company's agent and the proceeds of sale are held by the Customer on trust for the Company and the Customer will hold them in a separate account pending its accounting to the Company. The Customer must notify any financier or third party in favour of whom it grants a charge over the assets of its business that all of the Company's goods which have not been paid for by it do not constitute the Customer's property. Such financier or third party will be deemed to be subject to the Company's retention of title until the Company's goods are paid for in full.
The Customer shall not be entitled to make any deduction in respect of the prices agreed to by the Company relating to any set-off or counter-claim by the Customer against the Company.
Should it become necessary for the Company to institute legal action for recovery of any amounts due to it by the Customer, then the Customer specifically acknowledges and agrees that it shall be liable to the Company for all legal costs incurred by the Company on a solicitor and own client scale.
The Terms and Conditions of Trade may not be altered without our consent. Any alterations will be clearly marked and agreed to.
Your non-adherence of any of the terms set out above does not in any way constitute an acceptance on our part or a waiver of our rights. These Standard Terms of Sale will be interpreted according to the laws of New South Wales and the courts having such jurisdiction in New South Wales. If any provision of the Terms and Conditions of Trade shall at any time become void, voidable or unenforceable, the remaining provisions shall nevertheless continue to be of full force and effect.
The Terms and Conditions of Trade are the only Terms offered and are not overriden or superseded by any other Terms which the buyer may add or append to their Purchase Order. Any additional terms attached to a Purchase Order are not agreed and will not be read by Urban Hyve staff, as there has been no allowance in any quote given for any additional cost in time or fees or any other cost in assessment or delivery of goods or retention or late payments or any other additional unquoted cost or any Terms which the buyer may attach to their Purchase Order.
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