Terms of Trade

DEFINITIONS
In these Terms of Trade:
"terms" means these Terms of Trade and the quote as varied by us from time to time;
"contract amount" means the total of all amounts payable under the terms; "quote" means the quote provided together with these Terms of Trade; "goods" means the goods set out on the quote;
"services" means the services set out on the quote;
"unexpected event" means any event beyond our control that prevents or delays us in performing any of our obligations under the terms or renders our performance of those obligations uneconomic, including but not limited to riot, war, and natural disaster
"you" means the customer identified in the quote
"we/us" means Weir Industries Pty Ltd ACN 636 181 425
PAYMENT
You agree to pay us the contract amount in consideration for the provision of the goods and services.
You must pay us the contract amount as follows:
• 50% upfront; and
• 50% on the day of installation.
AUTHORISED PERSONS
If you authorise one or more people to deal with us on your behalf, then you will be responsible for any acts, omissions, instructions provided by, and liabilities incurred by those people.
It is your responsibility to notify us if you wish to revoke a person's authorisation to deal with us.
INDEMNITY
You indemnify us (except to the extent that loss or damage is caused by our negligence) against any loss or damages arising under or in connection with:
• Breach by you of any law or regulation, any warranty or other provision of these terms, or any duty of care owed to us whilst on the premises;
• Damage to or loss of any equipment while in your possession or control.
You indemnify us against all costs and expenses incurred as a result of your failure to observe any provisions contained in these terms, including legal costs on an indemnity basis.
EXCLUSION OF CERTAIN IMPLIED TERMS
Except as expressly stated in this terms, any term, condition or warranty express or implied by statute or otherwise in relation to the services and/or these terms is excluded to the full extent permitted by law.
Nothing in this terms excludes, restricts or modifies the application of the Competition and Consumer Act 2010 (Cth), as amended, consolidated, supplemented or replaced.
EXCLUSION OF LIABILITY
To the full extent permitted by law, our liability arising under or in connection with this terms is limited at our option to the re-supply of services or payment of the cost of re-supplying services by a third party.
To the full extent permitted by law, we are not liable for any indirect or consequential losses, expenses, loss of turnover, profits, business or goodwill or any liability to any other party suffered by you or any third party, however caused.
We expressly exclude liability for our negligence.
UNEXPECTED EVENT
If an unexpected event occurs, then:
• we will not be in default under this terms or liable for any loss, cost, expense and/or damage suffered by you for that reason; and
• the performance of our obligations under this terms will be suspended for the period of delay or prevention due to the unexpected event.
PERSONAL PROPERTY SECURITIES ACT 2009 ("the PPSR Act")
We retain title to any goods provided to you under these terms until we receive payment in full for those goods.
You agree that sections 125, 130, 133(1)(b), 132(4), 135, 136(3)-(5), 142, 143 of the PPSR Act are excluded by these terms.
BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 ("the Payment Act")
If we serve a payment claim under the Payment Act, you must serve on us a payment schedule within 4 business days (being business days as defined in the Payment Act).
In addition to the methods of service under the Payment Act, we may serve upon you any document that by or under the Payment Act is authorised or required to be served by serving it in accordance with any of the methods of service set out below in these terms.
SERVICE OF NOTICES
We may serve you with a notice or other document (including an originating process) by:
• sending it by email or fax to you;
• sending it or delivering it to your address as set out on the quote;
• sending or delivering it to your registered business address, if applicable; or
• sending or delivering it to your principal place of business, if applicable;
any of which will constitute valid service.
You may only serve a notice on us by:
• sending it by email to us; or
• sending it to our registered
business address;
either of which will constitute valid service.
GOVERNING LAW
These Terms are governed by and are to be construed according to the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.
ENTIRE AGREEMENT
The terms constitute the entire agreement between the parties and contains all of the representations, warranties, covenants and agreements of the parties in relation to the subject matter of these terms as at the date of these terms.
Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these terms and has no further effect.
ACCEPTANCE
You may accept these terms by:
• expressly confirming your acceptance; or
• continuing to instruct us.