Thanks for using our services ("Services"). The Services are provided by Supply Today Pty Ltd, contact at PO Box 1866, North Ryde NSW 2113, Australia.
By using our Services, you are agreeing to these terms. Please read them carefully.
All surveys, reports, forecasts and recommendations in any requested/required reports or plans are made in good faith upon the basis of information available at the time.
Achievement of the objectives will depend upon the effective cooperation of the client's staff. Notwithstanding anything herein contained neither Supply Today nor its servants or agents will be liable for any loss or other consequences whether or not due to negligence of employees, servants or agents arising out of the services rendered.
Supply Today Pty Ltd is committed to observed confidentiality in total accordance with expressed whishes of the client.
Any quotation made by the Company is not an offer to sell or provide goods or services and no order given in pursuance of any quotation shall bind the Company until accepted by it in writing or by the commencement of the supply or provision of goods or services.
Unless otherwise agreed in writing all orders are subject to acceptance by the Company within seven days of receipt by the Company of the Purchaser's order and these terms and conditions shall be deemed to be incorporated in any agreement between the Company and the Purchaser. Any terms and conditions contained in any order, offer, acceptance or other document of the Purchaser and all representations, statements, terms, conditions and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.
These are the terms on which we will sell the Documents and supply the Services, unless we have specifically agreed in writing other terms with you.
The terms of this Contract cannot be waived or varied.
We and any subcontractor may subcontract part or all of our obligations on any terms.
Unless otherwise expressly agreed in writing the price of the goods or services shall be that price charged by the Company at the date of delivery plus the amount which the Company is required to pay on account of an excise, or goods and service taxes or any other taxes or charges which may be established or levied by any governmental authority (domestic or foreign) upon the goods or any part thereof, or the manufacture, use, sale of or delivery thereof.
2.1 Our charges are based on the actual Documents and Services supplied.
2.2 Our charges are earned:
2.3 You must pay:
2.4 Unless you give us written notice within 7 days after the date of an invoice that any details are disputed, the invoice is conclusive of all details specified in that invoice.
2.5 The current rates for Documents and Services are those rates set out in this document or the rate(s) subsequently notified by us to you from time to time, which take effect on the day of notification.
2.6 We retain title in the Sale Document until all amounts due under this Contract for the Sale Document are paid.
You must do everything necessary to maintain our title and right to possession of the Sale Document until all amounts due are paid. At any time prior to payment in full by you for any Sale Document we shall be entitled to enter your premises and retake possession of the relevant Documents.
2.7 You are responsible for all duties and taxes (including without limitation, stamp duty and GST) in respect of this Contract and you must pay such amounts on demand. As a consequence, we may increase the amount payable by you under this Contract by the amount of any such tax or duty.
3.1 Your promises are important to us. You promise us and the persons referred to in paragraph 4 that:
You agree that:
5.1 You must ensure that no identifying mark on any Sale Documents is removed, defaced or obliterated in any way.
5.2 The Document is for your warehouse only and if provided in our proposal at only one location.
6.1 Any delivery date or time we provide you is an estimate only. We are not liable to you for any loss caused by delivery after the estimated date or time. Notwithstanding late delivery you remain liable to pay our charges under this Contract.
6.2 Subject to our proposal delivery occurs when the Documents leaves our Premises, by either you (or your agent) collecting the Documents or by us (or our agent) arranging the delivery of the Documents at your request.
6.3 Without affecting the application of paragraph 6.2, if you direct us to deliver the Documents:
8.1 You are in breach of this Contract if:
(a) you fail to make a payment within 7 days after it becomes due;
8.2 We may immediately terminate this Contract in writing if you are in breach. You must then immediately pay us all amounts due under this Contract:
8.3 On termination you must immediately return the Sale Documents if you have not obtained title in accordance with our directions. If you do not return the Documents as required we may take possession of the Documents by entering your premises and removing it.
8.4 A demand for payment of outstanding charges shall not constitute a notice of termination unless it specifically says so. Until we issue you with a notice of termination, all your obligations under this Contract shall continue, including your obligation to pay all our charges.
9.1 We and the persons referred to in paragraph 4 are not liable for any delay, loss or damage caused by:
9.2 We have the benefit of these exclusions and limitations of liability even if any loss or damage arises from a wilful, deliberate or unauthorised act or omission by us or any of the persons referred to in paragraph 4.
9.3 Except for liability referred to in paragraph 9.2(b) you indemnify us (and the persons referred to in paragraph 4) against:
9.4 You must have appropriate insurance to cover your liability under the indemnities in paragraph 9.4. You must provide us with a copy of such insurance, if requested.
10.1 If you think we are liable to you, you must:
10.2 If we do not receive a written notice from you within that time, we will have no liability to you. Notwithstanding your claim, you remain liable to pay our charges under this Contract.
10.3 We will have no liability to you, even if you give us written notice within that time, if you do not commence legal proceedings against us within 6 months of becoming aware of the potential claim.
11.1 Any provision of this Contract that is unenforceable is severed to the extent of the unenforceability and does not affect any other provision of this Contract.
11.2 No variation of this Contract shall be effective unless it is in writing and signed by both parties. In our case for a variation to be effective, it must be signed by one of our executive officers.
11.3 Except to such extent only as is required by law, you shall not disclose the subject matter or terms of this Contract or any proposal or quotation associated directly or indirectly with the Contract, the charges under this Contract or any confidential or proprietary information or intellectual property disclosed to you, without our prior written approval.
11.4 You are bound by this Contract during any trial period in which we make available to you Documents or Services.
12.1 Notices under this Contract must be:
12.2 A notice in accordance with paragraph 12.1 will be taken to have been received:
(d) if sent by e-mail which is not returned and marked undelivered -
In this Contract:
Contract means this agreement between you and us.
Documents means Sale Documents.
GST means a tax payable on a supply of goods, services or other things under this Contract.
Customers who are exempt from Goods Services Tax must provide a Goods Services Tax exemption number with every purchase order.
Premises means designated premises of Supply Today Pty Limited.
Sale Documents means Documents we sell to you from time to time, including out-of-the-box documents listed overleaf as sale Documents, which is sold by us to you.
Services means all services supplied by us under this Contract including, advice or consultancy in relation to Documents and the Services listed overleaf.
us, our, we, or any other personal pronoun in the first person means Supply Today Pty Ltd (ABN 33 081 861 770).
This agreement shall be subject to the provisions of the Trade Practices Act 1974 and any statutory amendment or reenactment thereof for the time being in force.
Unless otherwise inconsistent with the context the word "person" shall include corporation, "company" shall mean Supply Today Pty Ltd and its agents, servants and employees, and any of its subsidiaries as defined in section 7 of the Companies Act and Codes (if such subsidiary is named as the party making or accepting the order), "goods" shall include services, and "Purchaser" shall mean and include the person to whom any quotation is made and shall include any person offering to contract with the company on these terms and conditions. Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter gender and vice versa.