Terms & Conditions

11. Personal Property Security Act (PPSA)
11.1 Notwithstanding anything to the contrary contained in these Terms, the PPSA applies to these Terms.
11.2 For the purposes of the PPSA:
1) terms used in clause 11 that are defined in the PPSA have the same meaning as in the PPSA.
2) these Terms are a security agreement and the Supplier has a Purchase Money Security Interest in all present and future goods supplied by the Supplier to the Customer and the proceeds of the goods.
3) The security interest is a continuing interest irrespective of whether there are monies or obligations owing by the Customer at any time and
4) the Customer must do whatever is necessary to give a valid security interest over the goods and their proceeds which is able to be registered by the Supplier on the Personal Property Securities Register.
11.3 The security interest arising under this clause 11 attaches to the goods when the goods are collected or dispatched from the Supplier’s premises and not at any later time.
11.4 Where permitted by the PPSA, the Customer waives any rights to receive the notifications, verifications, disclosures, or other documentation specified under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of the PPSA.
11.5 The Supplier and Customer agree to contract out of and nothing in sections 95, 125, 129, 142 and 143 of the PPSA shall apply to these Terms.
11.6 To the extent permitted by the PPSA, the Customer agrees that:
1) the provisions of Chapter 4 of the PPSA which are for the benefit of the Customer or which place obligations on the Supplier will apply only to the extent that they are mandatory or the Supplier agrees to their application in writing; and
2) where the Supplier has rights in addition to those in Chapter 4 of the PPSA, those rights will continue to apply.
11.7 The Customer must immediately upon the Supplier’s request:
1) do all things and execute all documents necessary to give effect to the security interest created under this Agreement; and
2) procure from any person considered by the Supplier to be relevant to its security position such agreements and waivers (including as equivalent to those above) as the Supplier may at any time require.
11.8 The Supplier may allocate amounts received from the Customer in any manner the Supplier determines, including in any manner required to preserve any Purchase Money Security Interest it has in goods supplied by the Supplier.
12. Liability
12.1 Except as the Terms specifically state, or as contained in any express warranty provided In relation to the goods or services, the Agreement does not include by Implication any other term, condition or warranty in respect of the quality, acceptability, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
12.2 If the Customer is a consumer nothing in these Terms restricts, limits, or modifies the Customer’s rights or remedies against the Supplier for failure of a statutory guarantee under the ACL.
If the Customer on-supplies the goods to consumer and:
1) the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A (1) of the ACL is the absolute limit of the Supplier’s liability to the Customer.
2) the goods or services are of a kind ordinarily acquired for personal, domestic, or household use or consumption, then payment of any amount required under section 274 of the ACL is the absolute limit of the Supplier’s liability to the Customer.
3) howsoever arising under or in connection with the sale, use of, storage or any other dealings with the goods or services by the Customer or any third party.
12.3 If clause 12.2 or 12.3 do not apply, then other than as stated in the Terms or any written warranty statement the Supplier is not liable to the Customer in any way arising under or in connection with the sale, use of, storage or any other dealings with the goods or services by the Customer or any third party.
12.4 The Supplier is not liable for any indirect loss, or any loss of turnover, profits, business, production, opportunity, use or goodwill suffered by the Customer or any third party, howsoever caused, except to the extent of any liability imposed by the ACL.
12.5 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
13. Acknowledgments
13.1 The Customer acknowledges that:
1) it has not relied on any service involving skill and judgement, or on any advice, recommendation, information, or assistance provided by the Supplier in relation to the goods or services or their use or application.
2) it has not made known, either expressly or by implication, to the Supplier any purposes for which it requires the goods or services and it has the sole responsibility of satisfying itself that the goods or services are suitable for the use of the Customer or any contemplated use by the Customer, whether or not such use is known by the Supplier.
14. Privacy
14.1 The Supplier is bound by the Privacy Act 1988 and the Privacy Amendment (Enhancing Privacy Protection) Act 2012. All personal information obtained in connection with the Customer will be appropriately collected, stored, used, disclosed, transferred, and destroyed in accordance with the Australian Privacy Principles (“APP”).
14.2 The Supplier requires that the Customer comply with the APP’s in connection with any personal information supplied to it by the Supplier in connection with this Agreement.