These are some of the Terms and Conditions of Sale of all goods, merchandise and services (“the goods”) supplied by SAFE OS PTY LIMITED (ABN 57 050 057 120) T/A EVC Electric Vehicle Chargers and any associated, related and subsidiary Companies, successors and assigns (all of which are referred to as “EVC Electric Vehicle Chargers”) to any person, firm or company placing an order with EVC Electric Vehicle Chargers for the purchase of the goods (“the Customer”).
1.1 All orders placed with EVC Electric Vehicle Chargers shall only be accepted subject to these Terms and Conditions.
2.1 All prices shall be those referred to in EVC Electric Vehicle Chargers price lists and/or arrangements current at the date of Invoice.
2.2 Prices shall be subject to change without notice.
3. TERMS OF PAYMENT
3.1 The granting of Credit shall be at the absolute discretion of EVC Electric Vehicle Chargers and the Customer shall make payment of all amounts payable as per those terms set out in the sales proposal/agreement.
3.2 Customers shall not be entitled to withhold payments by reason of account query, dispute or set off.
3.3 If the Customer fails to make payment in accordance with Clause 3, EVC Electric Vehicle Chargers shall be entitled to:-
(a) Require the payment of cash upon delivery of any further goods;
(b) Charge an interest charge at the rate of one point five per centum (1.5%) per month on a cumulative basis calculated on a day to day basis on any monies due but unpaid;
(c) Claim from the Customer all costs, expenses and charges incurred on any account whatsoever on an indemnity basis including but not limited to any action taken by EVC Electric Vehicle Chargers to recover monies or goods owing by the Customer;
(d) Credit any payments received from the Customer first against any interest charges and costs and all such charges shall be payable on demand;
(e) Cease any further deliveries to the Customer and to terminate any agreement in relation to goods that have not been delivered.
4.1 Any date or time quoted for delivery is an estimate only and failure to deliver at that date or time shall not confer any right of cancellation or refusal of delivery on the Customer or render EVC Electric Vehicle Chargers liable for any loss or damages.
5.1 The Customer shall examine the goods immediately after delivery/installation and EVC Electric Vehicle Chargers shall not be liable for any shortage, defect or damage unless EVC Electric Vehicle Chargers receives details in writing within seven (7) days of the date of delivery of the goods.
6. PROPERTY AND RISK
6.1 Notwithstanding delivery of the goods or their installation, property in any given goods shall remain with EVC Electric Vehicle Chargers until the Customer has paid and discharged any and all other indebtedness to EVC Electric Vehicle Chargers on any account whatsoever.
6.2 The risk in the goods shall pass to the Customer upon delivery to the Customer or his agent or to a transport company nominated by the Customer or installation on any vehicle nominated by the customer.
6.3 The Customer acknowledges that it is in possession of the goods solely as a Bailee for EVC Electric Vehicle Chargers until payment as defined in clause 3 has been made in full to EVC Electric Vehicle Chargers and until such payment:
6.4 The Customer shall be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery;
6.5 The Customer hereby irrevocably grants to EVC Electric Vehicle Chargers, its agents and servants, an unrestricted right and licence, without notice to enter premises occupied by the Customer to identify and remove any of the goods the property of EVC Electric Vehicle Chargers without in any way being liable to the Customer or any person claiming through the customer.
6.6 EVC Electric Vehicle Chargers licenses the Customer to install the goods. If the goods are affixed to other materials, the totality thereof shall be the sole and exclusive property of EVC Electric Vehicle Chargers until payment as defined in Clause 3 has been made in full to EVC Electric Vehicle Chargers.
6.7 The Customer shall be at liberty to agree to sell the goods (independently or affixed to other materials) subject to the condition that until payment has been made in accordance with clause 3, the Customer shall sell as an agent and bailee for EVC Electric Vehicle Chargers and that the entire proceeds from the sale thereof shall be held in a separate account on trust for EVC Electric Vehicle Chargers.
6.8 The right to on-sell, deal or otherwise dispose of the goods in the normal course of trade may be revoked at any time by EVC Electric Vehicle Chargers and shall automatically cease if a Receiver is appointed over any of the assets on the undertaking of the Customer or if a winding up order is made against the Customer or if the Customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or administration or calls a meeting of, or makes any arrangement or composition with, creditors or commits any act of bankruptcy or where the Customer is in default of any of its obligations to EVC Electric Vehicle Chargers.
7.1 The Customer acknowledges and consents to EVC Electric Vehicle Chargers maintaining registration on the register of any security interest contemplated by these Terms in any manner EVC Electric Vehicle Chargers considers appropriate. The Customer agrees to execute all documents and provide all information and assistance required by EVC Electric Vehicle Chargers to ensure registration and maintenance of any security interest.
7.2 The Customer waives any right to receive notice of a verification statement in relation to any registration in respect of the goods.
7.3 The Customer agrees not to register a financing change statement in respect of a security interest contemplated by these Terms, or in favour of a third party, without EVC Electric Vehicle Chargers’s prior written consent.
7.4 The Customer hereby agrees to waive or exclude such Sections of the PPS Act as EVC Electric Vehicle Chargers may require, subject to those Sections being capable of exclusion.
7.5 For the purpose of section 20(2) of the PPS Act, the collateral is the Goods, including any Goods provided by EVC Electric Vehicle Chargers from time to time. These Terms are a security agreement for the purposes of the PPS Act.
8.1 Neither party excludes or limits the application of any Statute (including the Competition and Consumer Act 2010 (Cwth) as amended from time to time (“the Act“)), where to do so would contravene that Statute or cause any provision of these Terms and Conditions to be void.
8.2 To the extent permitted by law, all implied conditions and warranties are excluded. To the extent that any implied conditions and warranties cannot be excluded, the Customer’s sole and exclusive remedy for any loss or damage howsoever arising is limited to any one of the following, as determined by EVC Electric Vehicle Chargers:
(a) In the case of any Goods supplied by EVC Electric Vehicle Chargers:
i. the replacement of the relevant Goods or supply of equivalent Goods; or
ii. the repair of the Goods; or
iii. after prior agreement between EVC Electric Vehicle Chargers and the Customer, payment of the cost of replacing or having the Goods replaced or repaired; or
iv. reimbursement of some or all amounts paid by the Customer in respect of the Goods.
8.3 Goods which are not manufactured by EVC Electric Vehicle Chargers are subject solely to the warranties (if any) specified by the manufacturers or the third party suppliers to EVC Electric Vehicle Chargers, and the Customer acknowledges that, to the extent permitted by law, EVC Electric Vehicle Chargers gives no warranties beyond such manufacturers or suppliers warranties.
8.4 Subject to the Act and any other legislation, EVC Electric Vehicle Chargers is not liable to the Customer for any loss or damage which may, without limiting the generality of the foregoing, arise directly or indirectly in respect of the Goods, any defects in the Goods and/or of its officers, agents, employees to comply with the Contract or any obligation imposed by law.
8.5 The warranty period for the goods varies according to the specific warranties provided by different Manufacturers. Customers should contact their Sales Representative for details of each warranty. EVC Electric Vehicle Chargers will bear the cost of valid warranty claims. The cost of rejected warranty claims are to be born by the Customer. Any Customer with a warranty or warranty expenses claim should notify their Sales Representative in writing at 7 Joule Place Tuggerah NSW 2259.
9.1 Other than in respect of EVC Electric Vehicle Chargers’s obligations pursuant to Clause 8 hereof EVC Electric Vehicle Chargers shall not be liable to accept any returned goods but may in its absolute discretion accept the return of goods.
10. GOVERNING LAW
10.1 The Customer agrees that these Terms and Conditions of Sale shall be construed according to the laws of the State or Territory as EVC Electric Vehicle Chargers may in its sole discretion determine. Proceedings by either EVC Electric Vehicle Chargers or the Customer may be instituted and/or continued in such State or Territory as EVC Electric Vehicle Chargers may in its sole discretion determine.
11. STATEMENT OF DEBT
11.1 A certificate signed by a Director, Secretary, Financial Controller or Credit Manager of EVC Electric Vehicle Chargers shall be prima facie evidence of the amount of indebtedness of the Customer to EVC Electric Vehicle Chargers at that time.
12. FORCE MAJEURE
Deliveries may be totally or partially suspended by the company during any period in which the company may be prevented or hindered from delivering by the company’s normal means of supply or delivery through any circumstance beyond its reasonable control. Such circumstances shall include, but not limited to, compliance with any laws, regulations, orders, acts of God; acts of public enemy, acts or omissions of the customer, fires, floods, strikes, lockouts, embargoes, wars, labour or material storage, riots, insurrections, defaults of the company’s suppliers or subcontractors, delays in transportation, or loss or damage to goods in transit.