1. INTERPRETATION
In this document the following words shall have the following meanings:
1.1 "Customer" means any person who purchases goods or services from the Supplier;
1.2 "Supplier" means Enterprise Metal Manufacturing Pty Ltd, 35 – 41 Franklin Street, Rocklea Q 4106 ABN 40 116 087 962
1.3 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2. GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of services and goods by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 If there are any changes to the directors, partners or ownership of the applicant, the Supplier may at its discretion suspend or discontinue the supply of goods and credit arrangements and the Supplier will require the execution of a new Credit Applicant.
3. TERMS & CREDIT
3.1 The Customer acknowledges that the terms of payment are strictly 30 days from end of month.
3.2 In the event the account becomes overdue the Supplier reserves the right to stop credit and no further goods will be supplied until all outstanding monies are paid in full.
3.3 The Supplier may at its discretion if the account becomes overdue refer the account to a Collection Agency and the Customer agrees to be responsible to meet all reasonable costs and commissions incurred in employing the said Agency to collect the overdue account.
3.4 The Supplier may provide to any Credit Reporting Agency details of any default under the Terms and Conditions and may obtain any information to assist the Supplier in the recovery of monies outstanding.
4. CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
4.1 Co-operate with the Supplier;
4.2 Provide the Supplier with any information reasonably required by the Supplier;
4.3 Provide the Supplier with an approved Purchase Order number where required;
4.4 Keep the supplier notified of their correct name, postal address and any phone, fax or e-mail information;
4.5 Comply with such other requirements as agreed between the parties;
4.6 Comply with all other statutory requirements.
5. SUPPLIER'S OBLIGATIONS
5.1 The Supplier shall perform the services and/or manufacture the goods with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
5.2 All paper or electronic copies of plans or site measures will remain the property of the Supplier following completion of the job and will not be returned to the customer unless agreed.
6. LIMITATION OF LIABILITY
6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the goods.
6.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
6.3 The Supplier cannot accept liability for items lost or damaged in the delivery of goods.
7. CANCELLATIONS
7.1 Returns/refunds policy: Where a Customer cancels an order after the Supplier has commenced manufacture of the goods and/or after receiving the goods manufactured, the Supplier will not offer the Customer a refund and the goods must be paid for in full.
8. FORCE MAJEURE
8.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
9. COPYRIGHT
9.1 Customers may not at any time, without prior written permission of the Supplier, make copies or reproductions (in whatever form) of the goods supplied.
10. SEVERANCE
10.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforcable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforcable provision eliminated.
11. GOVERNING LAW
11.1 These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.
11.2 All contracts between the Supplier and the Customer shall be deemed to have been entered into in the State of Queensland and shall be construed according to the Laws of the State of Queensland.
12. DISCLAIMER DURING COMMUNICATIONS
12.1 The content of any emails (including any attachments) or verbal discussions are confidential and maybe legally privileged.
12.2 If you have received by email content by mistake, please inform us by email reply and then delete the message.
12.3 It is forbidden to copy, forward, or in any way reveal the contents of the email message (or any attachments) to anyone.
12.4 The integrity and security of any emails cannot be guaranteed over the Internet. Therefore, the sender will not be held liable for any damage caused by the message.
12.5 Any views, opinions or conclusions in any emails or verbal discussions that do not relate to the official business of Enterprise Metal Manufacturing Pty Ltd shall be understood as neither given nor endorsed by it.
14. CREDIT REFUSED
14.1 The Supplier reserves the absolute right to refuse or withdraw the Customers credit facilities at any time in the event that the Customer is in breach of these Terms and Conditions
