General Terms & Conditions
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“Order” means an order placed by you with us for the purchase of Products.
“Products” means any goods or services supplied by us to you
“Terms and Conditions” means these General Terms and Conditions
“we or us or our” means Westcare Incorporated and associated entities trading under this name which sell products to you
“you or yours” means the Applicant, purchaser or intended purchaser of the Products.
1. PAYMENT AND CREDIT CARD SURCHARGES
1. We may invoice you for the Products at any time of delivery or at any time after we deliver or attempt to deliver the products.
2. Payment in full and without any set-off or deduction is due within 30 days from the end of month of purchase.
3. We reserve the right to:
3.1 require full payment in cash on or prior to delivery and /or
3.2 vary the terms or method of payment applicable to your account if we consider this is warranted.
4. All payments must be made in Australian Currency
5. If you make any payment by credit card a surcharge of 0.7% is applied.
5.1 Visa and Master card are the only credit cards accepted.
6. If you fail to make full payment within the required time:
6.1 the entire amount of your outstanding debt will become immediately due and payable to us without any need for us to make written representation to you for such payment
6.2 we may do one or more of the following:
a) suspend any further deliveries
b) charge you interest calculated daily and compounded monthly at the bank overdraft rate as charged by our bank at the time of default.
2. OVERDUE ACCOUNTS
Goods will not be supplied to the purchaser until such time as overdue accounts are paid and the account is brought up to date. In the event any accounts are not paid by the due date, Westcare is entitled to charge:
a) Interest on outstanding amounts, from the due date until payment, at the bank overdraft rate charged to us.
b) All costs and expenses incurred by us in seeking to recover payment of outstanding accounts, including solicitor/client legal costs, service fees, court fees and any other related expenses
1. All prices are quoted or agreed inclusive of Goods and Services Tax (GST). The amount of applicable GST and other taxes will be disclosed on invoices. You agree to pay the tax inclusive price as invoiced and be bound by the Australian GST regulations and legislation.
2. We reserve the right at any time to correct any errors or omissions in any documentation we have issued to you, and to change the price for factors beyond our control.
3. Westcare reserves the right to impose a minimum order value
4. RETENTION OF TITLE
Title to the product will not pass from us to you until we receive payment in full, without set-off or deduction, for all products and for all monies owing by you to us on any account whatever. On default of payment, Westcare may, under the security agreement established with the Order in accordance with the Personal Property Security Act 2009 (PPSA), commerce enforcement action to recover the products. Any costs incurred in this exercise will be passed on to the applicant.
5. LOSS OR DAMAGED IN TRANSIT
Westcare will bear the loss or damage to products in transit where delivery is by our nominated carrier and delivery charges are included in the price of the products. In all other cases, the Applicant is responsible for the loss or damage occurring in transit.
7. LIMITATIONS OF LIABILITY
1. To the fullest extent permitted by law, Westcare excludes all warranties and representations in the respect of supply of the products to you. Where any of the Consumer guarantees under the Competition and Consumer Act 2010 (the CCA) apply to any products supplied by Westcare to you, and the CCA voids or prohibits provisions in a contract excluding, restricting or modifying such consumer guarantees, the liability of Westcare under or arising out of the supply of goods and services for breach of, failure to comply with, any such consumer guarantees shall be limited, at the option of Westcare to:
If breach of liability relates to goods:
a) The replacement of the goods or the supply of equivalent goods.
b) The repair of the goods.
c) The payment of the cost of replacing the goods or of acquiring equivalent goods by us.
d) The payment of the cost of having the goods repaired by a repairer nominated by us.
2. If the breach or liability relates to services:
a) The supplying of services again; or
b) The payment of the costs of having the services supplied again by a supplier nominated by us.
8. CHANGE IN OWNERSHIP
You agree to notify us in writing of any changes of ownership you have within 7 days from the date of such change and indemnify us against any loss or damage incurred by it as a result of your failure to notify us of any change.
Westcare shall use reasonable endeavours to complete delivery of the products however, delivery dates or periods quoted are estimates only and subject to prompt receipt by Westcare of all information from you necessary to permit Westcare to proceed with the supply and delivery of the products. Delays in delivery are not our liability and do not entitle you to treat any contract between us as repudiated or to reject the products.
Goods will be considered to have been delivered in full in good condition unless you notify Westcare of the shortfall, damage or defect within 5 business days of delivery.
Once an order has been agreed to in writing it cannot be cancelled. Any goods that are custom made for you cannot be retuned for a credit any under circumstances.
Goods delivered to you are subject to freight and/or courier charges as determined by Westcare which shall be payable by you. These charges will be included in the invoice for the relevant order, or invoiced separately at our discretion.
Risk of loss or damage to the goods passes to you on delivery
• Where a Westcare nominated carrier is used when the products are accepted and signed by you.
• In all our cases when you or your nominated carrier collect and sign for the products.
10. CREDIT AGENCIES
Westcare and the applicant jointly agree and consent to the provisions of the Privacy Act 1988 in regards to:
a) Westcare making inquiries as to credit and financial position of you and using such information, including exchanging information disclosed in the application as it sees fit from time to time including this application.
b) Westcare receiving from a credit reporting agency a credit report containing information about you and your directors/principals in relation to collecting overdue amounts.
11. PERSONAL PROPERTY SECURITIES ACT 2009 (‘PPSA)
You acknowledge that:
Each order accepted by us is an order accepted under the General Terms and Conditions and constitutes a security interest for the purposes of the PPSA enabling us to register a financing statement under the PPSA with respect to the security interest:
A security interest securing the performance of your obligations under these Terms and Conditions is taken in all products previously supplied by us to you (if any), and all products that may be supplied in the future by us to you, and the proceeds of sale of Products.
You must ensure that no security interest (within the meaning of the PPSA) is created, exists or subsists over the products (including any replacement part or other item that is incorporated into any product) in your procession or control prior to the title of the product passing to you other than a security interest arising under these Terms and Conditions.
You must assist us to complete the registration of any financing statement in respect of the products, and will do all things and provide all information necessary to enable us to perfect our security interest in the products and complete any financing change statement.
Failure by us to insist on strict compliance with any of these terms and conditions or any delay by us in exercising our rights under any contract between us and you will not constitute a variation or waiver of any provision of this contract or of any right available to us.