TERMS AND CONDITIONS OF GOODS AND CONSULTING SERVICES
All goods supplied by and consulting services undertaken by EcoAcoustics are subject to the following Terms and Conditions which shall apply to and form part of any contract for the supply of goods and services by EcoAcoustics to another party.
In these terms:
1.1”Contract” means the contract entered into between EcoAcoustics and the Customer for the supply of goods and/or services when the Supplier accepts purchase orders submitted by the Customer whether verbal, written or electronic and these terms and conditions apply to and form part of the entire agreement between the Supplier and the Customer.
1.2 “Goods and/or Services” means the supply of all noise monitoring whether through hire or sale and/or requirement for undertaking job and/or all consulting services
1.3 “Customer” means the person, firm or Supplier agreeing to purchase the goods and/or services (including any successors, nominees and any Insolvency Administrator appointed to take control of the Customer’s business), and if there is more than one Customer, the Customer’s covenants and obligations are joint & several.
1.4 “Supplier” means EcoAcoustics Pty Ltd ATF Ireland Family Trust ABN .26 456 946 619
1.5 “the Price” the price payable by the Customer for the Goods and Services as set out in the Quotation or calculated in accordance with the Quotation.
1.6 “the Quotation” the quotation issued by EcoAcoustics in respect of the sale of the Goods and Services to the Customer which quotation is deemed to incorporate these conditions.
2. CONSULTING SERVICES
2.1 The Customer acknowledges that EcoAcoustics Pty Ltd is reliant upon information provided by the Customer for the commencement of this project and the provision of any cost proposal. Any variation to the scope of works may result in a variation in the fee; this includes responding to requests from regulatory bodies
2.2 Any dates quoted for the delivery of the Equipment, the Goods or the provision of the Services are approximate only and the Supplier shall not be liable for any delay in delivery or provision howsoever caused
3.1 Payment for all goods and services shall become due prior to despatch of all goods and services.
3.2 The Customer acknowledges that EcoAcoustics Pty Ltd may require 50% of the fee prior to commencement of the project. A draft report will be provided along with an invoice for the remaining 50% of the project fee, this invoice is required to be paid prior to the release of the final report.
3.3 The Customer acknowledges that EcoAcoustics Pty Ltd does not accept payment in the form of cheques without prior approval from the management
3.4 Should the Customer not pay the full amount by the due date then the Supplier shall (without prejudice to any other remedy) be entitled to charge interest and administration charges on the amount outstanding at a rate of 7.5% per annum plus an administration fee of $15 .
3.5 In addition to interest the Customer will also be liable for any legal or other costs incurred by the Supplier incidental to the recovery of the amount outstanding
3.6 In the event of delay in payment by the due date, the Supplier may, without prejudice to any other remedy, suspend supply or delivery of Goods and/or Services to the Customer until such payment is made and the Supplier shall be entitled to claim extra expense
3.7 EcoAcoustics will not be responsible for any fines issued by the Council for the report not being issued due to non-payment by the customer, in the required timeframe.
4.1 The price charged for the Goods shall be exclusive of any goods and services tax as well as any new transaction taxes which come into existence after the date of these terms and conditions. The Customer shall be liable to pay that tax at the time it is liable to pay for the goods and/or services.
5.1 Should the Customer fail to pay any amounts when due under a Contract; or
5.2 the Customer default in the performance of any of its obligations under a Contract: or
5.3 the Customer, if an individual commit an act of bankruptcy, or if a Supplier become subject to external administration within the meaning of the Corporations Law or pass a resolution to wind up ,then, in addition and
5.4 the Supplier may refuse to supply the Goods and Services to the Customer.
6.1 Any advice, recommendation, information, assistance or service provided by the Supplier is given in good faith and shall be accepted without liability on the part of the Supplier and it shall be the responsibility of the Customer to confirm the accuracy and reliability of the same in light of the use to which the Customer makes or intends to make of the Goods and Services.
7. APPLICABLE LAW
7.1 This Contract shall be deemed to have been made in Western Australia and is governed by the law of Western Australia. The parties agree to submit to the exclusive jurisdiction of the Courts of Western Australia
8.1 All Equipment and Goods shall remain the responsibility of and at the risk of the Customer.
8.2 Unless otherwise agreed in writing by the Supplier, delivery of the Equipment and Goods shall be deemed to have taken place when the Equipment and Goods are placed on the vehicle or with a carrier which is to take it from the Supplier’s place of business to the Customer’s specified location.
8.3 Where delivery to the Customer’s premises is effected by a third party, delivery for these purposes shall be deemed to have occurred when the Equipment and Goods leave the Supplier’s premises.
8.4 The failure of the Supplier to deliver shall not entitle either party to treat this Agreement as repudiated.