Customer and Hang Tabs Australia Pty Ltd (“HTAPL”) agree that the purchase and sales of products (“the Products”) are made under these terms and conditions, and that HTAPL SHALL NOT BE BOUND BY CUSTOMER’S ADDITIONAL OR DIFFERENT TERMS. Customer’s order and purchase of the Products shall constitute acceptance of these terms and conditions.
1. TITLE. Title to the Products shall pass at HTAPL plant. HTAPL retains a security interest and right of possession in the Products until Customer makes full payment of any sums in any way outstanding from the customer to HTAPL from time to time.
2. TAXES. Product prices are exclusive of, and Customer shall pay, applicable value added or like taxes, unless Customer has provided HTAPL with an appropriate exemption certificate for the delivery destination acceptable to the applicable taxing authorities. The customer shall be liable to pay, or to reimburse Hang Tabs Australia Pty Ltd for payment of any amount on account of Goods and Services Tax or similar tax for any supply made under or in connection with these Terms & Conditions of Sale to which a GST applies.
3. PRICES AND PAYMENT. All quotations shall expire thirty (30) days from date of issuance, unless otherwise set forth on the quotation or agreed in writing. Customer shall make payment in full prior to or upon delivery by cheque, direct bank deposit or money order, unless HTAPL approves Customer for credit terms. To enable Hang Tabs Australia Pty Ltd to assess the Customer’s application for credit, the Customer authorises HTAPL to obtain from a credit reporting agency a credit report containing personal information about the Customer and its guarantors pursuant to Section 18K(1)(b) of the Privacy Act; and to obtain a report from a credit reporting agency and other information in relation to the Customer’s commercial credit activities. The Customer understands the information can be used for the purposes of assessing it credit-worthiness. If HTAPL approves Customer’s credit application, payment shall be due no later than the date as calculated by the approved terms from the date of HTAPL invoice. All sums not paid when due shall accrue interest daily at the lesser of a monthly rate of 1.5% or the highest rate permissible by law on the unpaid balance until paid in full. Payments for orders accepted in Australia shall be made in Australian Dollar. In the event of any order for several units, each unit(s) will be invoiced when shipped.
4. ORDERS. All orders are subject to acceptance by HTAPL. Booking of an order shall constitute its acceptance of an order and agreement of Hang Tabs Australia Pty Ltd terms and conditions of sale.
5. DELIVERY. Customer shall pay all postage, courier, and freight charges. Orders are entered as close as possible to the Customer’s requested shipment date, if any. Shipment dates are scheduled after acceptance of orders and receipt of necessary documents. Claims for shipment shortage shall be deemed waived unless presented to HTAPL in writing within five (5) business days of shipment.
6. SUITABILITY OF PRODUCT AND URL IMPRINT. Any maximum weight ratings are for guide purposes only. All customer applications should be tested and verified by the customer as suitable, due to the number of variables involved when using and applying our products. While advice may be given with respect to suitability of our products for your application this advice is only ever intended as a guide and cannot be considered a guarantee of suitability. Again, all customer applications should be tested and verified by the customer as suitable. All our Hang Tabs carry a discrete URL imprinted (without ink or foil) enabling their identification as our product. The URL is usually but not limited to; www.hangtabs.com.au or hangtabs.com.au
7. RETURN/CANCELLATION/CHANGE POLICY. Customer may return unwanted Products within five (5) business days of the Delivery Date. Customer shall pay a twenty percent (20%) restocking charge on any unwanted Products returned to HTAPL. No returns will be accepted after the five (5) business day period has expired. HTAPL shall take responsible steps to mitigate damages immediately upon receipt of a written cancellation notice from Customer. HTAPL may terminate any order if any representations made by Customer to HTAPL are false or misleading. Changes to orders shall not be binding upon nor be put into effect by HTAPL unless confirmed in writing by HTAPL’s appropriate representative.
8. NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED ARE MADE WITH RESPECT TO THE PRODUCTS. HTAPL DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE PRODUCTS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE.
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. The entire liability of HTAPL and its licensors, distributors, and suppliers (including its and their directors, officers, employees, and agents) is set forth above. To the maximum extent permitted by applicable law, in no event shall HTAPL and its licensors, distributors, and suppliers (including its and their directors, officers, employees, and agents) be liable for any damages, including, but not limited to, any special, direct, indirect, incidental, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use the Products. Customer acknowledges that the applicable purchase price or license fee for the Products reflects this allocation of risk
10. FORCE MAJEURE. HTAPL shall be excused for any delay or failure to perform due to any cause beyond its reasonable control, including but not limited to acts of governments, interruptions of transportation or inability to obtain necessary materials. HTAPL’s estimated shipping schedule shall be extended by a period of time equal to the time lost because of any excusable delay. In the event HTAPL is unable to perform in whole or in part because of any excusable failure to perform, HTAPL may cancel orders without liability to Customer.
11. ACKNOWLEDGMENT/ GOVERNING LAW. Customer acknowledges reading these Terms and Conditions, understands them and agrees to be bound by them. A waiver of any provision of this agreement shall not be construed as a waiver or modification of any other term hereof. With respect to all orders accepted by HTAPL in Australia, disputes arising in connection with these Terms and Conditions of Sale shall be governed by the laws of the Australia without regard to principles of conflicts of laws.
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