Doritec Pty Ltd Trading as Eureka Gas Standard Terms and Conditions of Quotation, Sale, and Hire
Definitions ‘Company’ means Doritec Pty Ltd trading as Eureka Gas (ABN 58117454001) ‘Contract’ means a contract for sale or hire between the Company and the Customer ‘Customer’ means the individual named in a contract to supply or hire, an invoice, quotation, or delivery docket and further means the successors or assigns of the person if a Corporation ‘Goods’ means the goods or services provided under the terms of the Company’s supply agreement ‘Hire’ means a request made by a Customer for supply of hire equipment subsequently supplied by the Company.
Condition Precedents Quotations are not binding on the Company until the Company confirms the Customers order in writing and the Customer accepts the terms of the sale. The Company’s terms and conditions of sale prevail over any conditions imposed by the Customer. Acceptance of goods or services by the Customer implies their agreement to the Company’s terms and conditions. The Company’s terms and conditions of supply will not be varied unless in writing by an authorised officer of the Company. For the avoidance of doubt the Company’s terms of sale will always take precedence in the event of any inconsistency.
Pricing Pricing and account fees are subject to change without notice. The Customer is solely liable for statutory fees and charges imposed in addition to the price of the goods and or services. Please refer to our website for details of account fees www.eurekagas.com.au
Deliveries Unless agreed to in writing all deliveries take place according to the Company’s normal delivery schedule. Customers may request deliveries at times other than the Company’s normal scheduled day for their area. In this event the Customer will pay the unscheduled delivery fee charged by the Company, or will arrange their own transportation. Delivery excludes the supply of connection, disconnection, testing, commissioning, or installation of goods unless agreed to by the Company in writing. Where the Company has insufficient stock to completely fill the Customers order, it may at its discretion place some of the goods on back order to be completed on the next scheduled delivery day. Where delivery requires the use of special equipment or is outside the Company’s normal delivery area, the Customer will be liable for all extra costs incurred by the Company in filling the Customers order. Deliveries are deemed to have been completed when the delivery docket or invoice has been completed and signed by the Customer, his Agent, or the Company’s driver.
Payment Terms Payment terms are ‘payment with order’ unless otherwise agreed to in writing. In the event that the Customer fails to comply with the payment terms the Company may at its discretion: Cancel any discounts that the Customer may have otherwise been offered, Impose a fee on the Customer’s account to cover the cost of administering the overdue account or processing payments, Terminate a contract to supply goods or services, Require the Customer to return any hired equipment, Inform CreditorWatch of the payment default (this may affect the Customers ability to obtain credit from other sources), Commence legal action to recover all monies and costs. Where the customer’s account is in arrears the Company may at its discretion use any customer deposit it holds to settle the overdue amount. Merchant fees apply to credit card payments. Rates are stated on the front of the Company’s invoices
Title & Risk The Company retains title in Goods sold to the Customer until paid for in full. The Company retains title in Goods hired to the Customer at all times. Risk in the goods passes to the Customer upon delivery, as evidenced by a delivery docket duly signed by the Customer or the person delivering the goods. Except under a Contract of Sale, where the Company retains title to goods delivered to the Customer, the Customer must: insure goods at retail value against loss or damage, Not sell or lose possession of the goods, Not damage, deface or otherwise alter the goods, Allow the Company to inspect the goods upon request.
PPSA (Personal Property Securities Act 2009) (a) The Customer hereby grants to the Company a security interest in the goods and their proceeds. (b) The Customer acknowledges that its purchases on credit terms from the Company and any retention of title in goods held by the Company constitutes a Purchase Money Security Interest ‘PMSI’ as defined in the PPSA legislation. (c) The Customer agrees that these conditions or any variation imposed by the Company will constitute a Security arrangement under the PPSA and will prevail over all other terms and conditions in respect of supply of goods to the Customer. (d) At the request of the Company the Customer will provide all necessary information to enable the Company to register a security interest and purchase money security interest on the Personal Property Securities Register. The Customer hereby waives its right to receive a verification statement for any financing statement or financing charge statement in respect of any security interest created under these terms and conditions. The Customer agrees to reimburse the Company for all costs associated with the use of the PPSR. To the maximum extent permissible by law the Customer agrees that the following sections of the PPSA will not apply; 129(3), 132(3)(d), 132(4), 134(1), 135, 142, 143. To the maximum extent permitted by law the Customer waives any rights they may have pursuant to PPSA sections 95, 96, 117, 118, 121(4), 123, 129(2), 130, 136, 157. The Customer hereby appoints the Company its attorney and grants it authority to sign in the Customer’s name any documents deemed necessary by the Company to protect its rights under these conditions and those of the PPSA.
Liability To the extent permitted by law any representations or agreements not expressly made under these terms and conditions will not be binding. The Customer indemnifies the Company from liability for any damage to the Customer’s property or premises during the course of deliveries. The Customer may have rights implied by law which cannot be excluded by these conditions. Under such laws the Company limits its liability to the fullest extent permissible under that law.
Indemnity The Customer indemnifies the Company against all losses and expenses incurred by the Company as a result of the failure of the Customer to fulfil its obligations under these conditions.
Warranty (a) In a contract for sale where the goods are defective in material or workmanship the Company may at its discretion: 1. Repair the goods at its own expense 2. Replace the goods with an identical product 3. Accept the return of the goods and refund the Customers payment (b) The Customer must notify the Company in writing (at PO Box 682 Melton 3337) of a defect in the goods within 7 days of delivery. (c) Warranty claims must be accompanied by the Customers original tax invoice as proof of purchase
Returning Goods (a) In a contract of sale where the Customer returns goods that are not defective or incorrectly supplied the Company may at its discretion: 1. Accept the goods and apply a full value credit to the Customer’s account 2. Apply a re-stocking fee of 20% plus GST 3. Reject any claim should the Company’s supplier refuse to accept the return of the goods 4. Reduce the amount of credit where the goods are not in their original condition or packaging, are shop soiled or damaged 5. Reject the return of any goods which were delivered to the Customer more than 7 days beforehand 6. Reject the return of any goods that are non-standard or supplied to a Customer specification
(b) Where there is a hire Contract, 1. All goods are deemed to have been delivered in good condition. The Customer must notify the Company of any defect in the goods within 72 hours of delivery. 2. Upon termination all hired goods must be returned to the Company within 72 hours. 3. Where hired Goods are damaged or defaced in the care of the Customer, the Company may at its discretion, invoice the Customer for the cost of repairing or replacing the goods. 4. Where hired goods in the care of the Customer are lost, stolen, misplaced, loaned to a third party, or not returned to the Company on request, the Company may at its discretion, invoice the Customer for the retail price of the goods. The goods will remain the property of the Company and hire charges will continue to apply. 5. Hired Goods returned before the end of the specified hire period will not be eligible for a hire fee refund or reduction
Force Majeure The Company will not be held responsible for delays or hindrances to its performance caused by the actions of third parties including but not limited to strikes, lockouts, fire, rebellion, act of God, war, government intervention, accidents, or inadequate supplies or services.
Termination (a) In respect of a contract of sale or a Hire contract the Company may cancel the contract at any time without notice prior to transfer of title. (b) Upon termination of a contract subject to these conditions the Company will be entitled to repossess all goods without further notice being given.
Repossession (a) The Customer grants the Company authority to enter its premises and repossess goods supplied under contract with the Company where the Company is entitled to do so. (b) If the Customer is unable to grant access to the premises, they must immediately arrange the return of all hired goods to the Company. (c) The Customer will reimburse the Company for any additional costs incurred in repossessing the goods. (d) The Company will be entitled at its discretion to sell repossessed goods and use the proceeds to recover monies owing by the Customer, after deducting all reasonable expenses. The Customer will indemnify the Company against any losses incurred as a result of selling repossessed goods.
Safety in the Workplace (a) When the Company delivers goods to the Customer the Customer will provide a safe and accessible workplace for the Company’s personnel. (b) The Customer will use the goods in a safe manner compliant with all applicable laws. (c) Safety information conveyed to the Customer shall be deemed to have been conveyed to all relevant persons handling the goods (d) The Company may refuse LPG or industrial gases service where the Customers premises are deemed non-compliant.