General Terms and Conditions of Sale
These are the terms and conditions upon which Kustom Bitz Pty Ltd, [ACN 600 125 246] may supply goods and services to the customer (“Customer”) as stated hereon and overleaf. They also constitute our normal terms and conditions of trade for all customers who purchase goods and services from Kustom Bitz. These conditions of sale apply to the sale of items, equipment, and/or any work performed by Kustom Bitz, its consultants, personnel and all others involved in providing our service. No variation or cancellation of any of these conditions shall be binding on Kustom Bitz, its consultants, personnel or any others involved in providing our service unless assented to by Kustom Bitz in writing.
1) Delivery would be subject to the availability of components and our workload at the time. Typically we would expect “1 - 4” weeks on stocked items. All manufactured or custom made items typically have longer delivery periods.
2) Shipping: Free on Transport (FOT) Melbourne stores. Additional freight will be charged at cost.
3) Payment Terms: All goods and services (“Goods”) supplied by Kustom Bitz to the Customer must be paid for in full by the Customer on demand. Payments may be requested by either verbal communication or in writing. Kustom Bitz account holder payment terms are nominated on each invoice. Payments can be made in cash, COD or by cheque. All cheque payments shall be cleared before the goods are released for pick up or despatch.
4) Goods: All goods and materials remain the property of Kustom Bitz until final payment is made in full. All goods shall be paid for in full before the goods are released for pick up or despatch.
5) Retention of payments: Cannot be withheld without Kustom Bitz written consent. Retentions will be regarded by Kustom Bitz as an overdue payment.
6) Overdue payment: If a payment is not paid by the Customer to Kustom Bitz on demand then Kustom Bitz reserves the right to charge a credit charge. The credit charge will be 12% per year calculated on the amount remaining unpaid from the due date.
7) Defaults: Should the customer default on any payments Kustom Bitz reserves the right to sell the debt to a third party or use a debt recovery service.
8) Default Expenses: All legal and collection expenses incurred because of late payment are the responsibility of the Customer and will be recoverable from the customer.
9) Disputes: Any disputes in respect of any payment to Kustom Bitz shall be notified in writing by the customer and received by Kustom Bitz before the payment is due otherwise payment will be regarded by us as overdue.
If any payment is not paid by the Customer to Kustom Bitz when requested, Kustom Bitz reserves the right to discontinue from any existing obligations to provide goods to the Customer until the account has been paid.
Kustom Bitz reserves the right at all times to suspend or discontinue the supply of goods and services to the Customer without being obliged to give any reason for its action.
10) Cancellation: or suspension of this contract by the customer without Kustom Bitz prior written consent, shall entitle Kustom Bitz to recover from the customer all internal and external incurred expenses and working hours associated with the supply and cancellation of the contract to the point of the written cancellation of the contract. This contact may at Kustom Bitz option be terminated in the event of insolvency of the customer or the customer being placed in liquidation whether voluntary or otherwise.
In the case of a monthly credit account opened in the names of two or more persons these persons are jointly and severally liable to pay that account.
11) Part Payments: Kustom Bitz is entitled to receive progressive payments from the Customer for progressive goods and service deliveries.
12) Delays: Any delays of more than 14 days that prevent Kustom Bitz from completing a job in a timely manner may require part payment for materials, labour and/or any other costs associated with work pertaining to this contract and or variation to the work associated with this contract up to the date that the part payment is requested.
13) Delays, Work by Others and Rework: Any delays or actions by others outside the control of Kustom Bitz that stop Kustom Bitz personnel carrying out their work in a timely manner and/or requiring rework will incur extra labour and travel charges at Kustom Bitz standard rates. This shall include but not be limited to, any reliance on others to complete their portion of work before Kustom Bitz personnel can continue; missed appointments and/or poor works co-ordination; no consideration by others for access; rework because of others disregard of the Australian Regulations
14) Variations: Should the requirement differ from those originally quoted, either in writing or communicated verbally, then each change will be treated as a variation and may incur additional costs. Each variation will incurr a minimum charge of $550 plus material costs.
15) During the course of performing the work it sometimes becomes apparent, after a quoted price has been given, that there are other circumstances, difficulties and/or statutory standards or regulations that require extra works that involve extra cost of labor, materials and/or third party charges that will be recovered from the customer in addition to any price previously given.
16) Commissioning is at our standard hourly rates and at an additional cost unless specifically stated otherwise.
17) Service calls: Chargeable time starts from when we leave what we are doing to attend the call until we get back to what we were originally doing. Service calls outside normal standard working hours will be a minimum of 4 chargeable hours at the after hours rate regardless of the time the service call takes.
18) Deposit: No materials will be procured and no work will commence without a deposit of 50% or an amount nominated by Kustom Bitz.
19) Goods sold by Kustom Bitz shall be Kustom Bitz sole and absolute property as legal and equitable owner until all monies owed by the Customer to Kustom Bitz on any account are paid for in full but such Goods shall nevertheless be at the risk of the Customer as soon as they are delivered to or to the order of the Customer. This condition is for the benefit only of Kustom Bitz and may be waived at any time by Kustom Bitz without any prior notification to the Customer written or otherwise.
Goods supplied shall be held by the Customer as bailee for Kustom Bitz until full payment has been made on all accounts.
The Customer's right to possession of the goods shall cease if he/she, not being a company, is made bankrupt or enters into any type of arrangement under Part X of the Bankruptcy Act 1966 (Cth), or in the case of a Company, a Receiver or Manager becomes entitled to take possession of any assets of the Company, any proceedings are instituted for the winding up of the Company or a provisional liquidator, voluntary administrator or deed administrator is appointed to the Company. Upon the happening of any such event Kustom Bitz may repossess the Goods and for this purpose Kustom Bitz are at liberty to enter upon any business where it reasonably believes the Goods might be.
The customer will at Kustom Bitz sole discretion allow Kustom Bitz personnel or sub-contractor free access to any area of site to retrieve any goods not paid for in full.
To secure payment of all monies which may become payable by the Customer to Kustom Bitz on any overdue a mount, the Customer CHARGES with the due payment of those monies all of the Customer's interest in real property both present and future and the Customer consents to Kustom Bitz lodging a caveat or caveats noting Kustom Bitz interest pursuant to such charge.
The Customer irrevocably makes, nominates, constitutes and appoints all and any director, secretary and any credit manager of Kustom Bitz the attorneys for the Customer for the purpose of doing all acts and things and, executing all documents necessary to enable Kustom Bitz to register non-lapsing caveats over any freehold or leasehold property referred to in Clause 9 (a). The Customer jointly and severally agrees to indemnify Kustom Bitz for all legal costs and fees in respect to such charge and caveats.
20) Claims for shortages or delivery discrepancies or incorrect prices or services are to be made in writing within seven (7) days of delivery. Claims made subsequently will not be recognised.
21) Warranty: All Kustom Bitz products carry a one (1) year return to base warranty from date of ex-works delivery to your site. Kustom Bitz will make good or replace defective components returned to our Melbourne office. Additional freight to and from site will be charged to your account. Warranty does not apply where fault results from abuse, misuse, tampering, abnormal use, faulty installation, improper maintenance, Acts of God or alterations/repairs made by persons other than the staff of Kustom Bitz.
22) Copyright: Kustom Bitz retains a copyright over its brand-name, website, user manuals, catalogues, logos, advertisement materials, drawings, software and other materials produced by Kustom Bitz.
23) Intellectual property: including drawings, design calculations, software and documentation, if supplied as part of any order, remain the property of Kustom Bitz.
24) Undertaking modification works can be dangerous and some such works are governed by statutory legislation and regulations, the customer agrees not to alter, modify, connect or disconnect any equipment, wiring or works performed by Kustom Bitz either during or after the works are completed and agrees to indemnify Kustom Bitz for any and/or all such alterations made thereafter.
25) All quotations are subject to corrections for clerical or mathematical errors and are subject to rise and fall in supply variations if not accepted within 28 days.
26) Kustom Bitz endeavours to allow for and notify the customer of all costs associated with the work involved but Kustom Bitz cannot guarantee that additional work, materials and/or other third party expenses pursuant to any order will not be required.
27) Any date fixed for the completion of any work by Kustom Bitz is fixed in the light of circumstances existing at the date hereof. Kustom Bitz will not be responsible for delay in completing or failure to complete such work caused by circumstances of which Kustom Bitz are not responsible or have no control over, i.e. transport strikes, industrial disputation, sickness or injury, manufacturing delays and similar.
28) When required the customer shall provide without expense to Kustom Bitz proper access to the site, including adequate light, water and power for the completion of the work. If a power generator is required an additional amount will be charged for the current hire charges.
29) Health and Safety: The health and safety of our personnel are paramount to Kustom Bitz and we reserve the right to re-evaluate the equipment we have, or have not allowed for, and/or that we may require performing the work pursuant to any order in a safe manner and recovering the expenses in addition to the said price. This equipment may include but shall not be limited to; scaffolding, elevated platform vehicles, fork lifts, lifting devices, cranes, safety barriers, signage, diggers, personal protective equipment, third party contractor, etc.
30) The customer shall notify Kustom Bitz of any induction required for access to the site – inductions that take more than 1 hour per person will be charged at our standard hourly rate per person in addition to the stated price.
31) The customer shall not direct any Kustom Bitz employee or sub-contactor to perform work in an unsafe manner or to do work beyond for which they are trained and/or outside of the scope of our supply. Customer provided tools and equipment will be provided by the customer in good working condition and safe for use.
32) Validity: Unless otherwise stated quotations are open for acceptance for a period of 30 Days from the date of the quotation and there after are subject to confirmation from Kustom Bitz before acceptance.
33) Pricing: All written and verbally communicated prices are based on a standard 8 hour day, working hours 8.30am to 5.00pm Monday to Friday. All work performed outside normal standard working hours may incur additional costs at penalty rates at Kustom Bitz’s sole discretion.
34) GST: All prices quoted do not include GST unless specifically stated.
Acceptance: A quotation or verbally communicated price is not to be construed as an offer or obligation to sell and Kustom Bitz reserves the right to accept or reject any order received and give no reason.
35) Indemnity: The purchaser shall indemnify Kustom Bitz, its consultants, personnel and all others involved in providing our goods and services in respect of any claims, demands, damages, proceedings, costs, charges and other expenses caused by, arising out of or in any way connected with any special, consequential, direct or indirect loss, damage, harm or injury suffered by any person arising out of this sale or the goods and services supplied pursuant to it.
36) These conditions are to be so construed as not to infringe any State or Commonwealth legislation, and if necessary they shall be read down to such an extent necessary to ensure they do not so infringe. In the event that any conditions cannot be read down so as not to infringe it shall be deemed to be void and severable.
37) This Agreement is deemed to be made in Victoria and each party submits to the exclusive jurisdiction of the Courts of Victoria.
38) PRIVACY STATEMENT: All “personal information” (as defined in the Privacy Act 1988 (Cth) supplied by the Customer (including any Credit Information) will be used by Kustom Bitz for the purpose of processing this Credit Application and, subject to approval of the Application, will be used to administer the Trading Account (“primary purpose”). Personal information will not be disclosed to third parties unless this is consistent with the primary purpose or the disclosure is required or authorised by law. For the purpose of enforcing its rights under this Agreement, Kustom Bitz may at times be required to disclose personal information to third parties such as debt collection agencies and legal service providers.
39) Upon your first payment to Kustom Bitz the Customer will have demonstrated that the customer has read in full, and fully understood and agreed to our standard terms and condition of sale and be deemed to have entered into a standard contract of sale with Kustom Bitz.
40) Refunds: There are no cash refunds on chassis, chassis components or any Labour there of. There are no cash refunds on all work, and or any work associated with chassis manufacture or otherwise, including parts and materials and labour. For a cancellation of goods and services see clause 10).
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