Terms & Conditions of Sale
Peter Wyman as Trustee for the Big Hit Business Trust
Trading as: Big Hit Teamwear and Signage
These terms and conditions apply to all Goods sold by to Customers by Big Hit Teamwear and Signage (“Big Hit”). By placing an order with Big Hit the Customer shall be deemed to have accepted these terms and conditions.
1.0 DEFINITIONS AND INTERPRETATION
1.1 Unless inconsistent with context: “Agreement” means these Terms and Conditions of Sale as amended from time to time. “Goods” means all products sold or offered for sale by Big Hit Teamwear and Signage “GST” means the GST as defined in the A New Tax System (Goods and Services Tax) Act 1999.“Supply” means the delivery and/or installation of Goods at premises nominated by the Customer
1.2 All words importing the singular shall include the plural and vice versa and any one gender shall include each of the other genders, if applicable.
1.3 Reference to a person shall include a reference to a body corporate firm or partnership.
1.4 Reference to a party includes the party‘s executors, administrators, successors and permitted assigns.
2.0 ORDERS
2.1 The Customer‘s order shall not be binding on Big Hit until accepted in writing by Big Hit.
2.2 Big Hit reserves the right to accept in whole or in part or reject any order submitted by the Customer
3.0 PAYMENT TERMS
3.1 All works under $1,000.00 are on a C.O.D basis, and payment is required by either credit card or bank transfer prior to the commencement of work.
3.2 For all other orders Big Hit requires payment by the customer of a 50% deposit prior to the commencement of any work pursuant to the quotation.
3.3 The customer agrees that Big Hit Teamwear is entitled to invoice the customer progress claims and that the customer shall pay such progress claims and all other invoices are to be paid within 14 days of invoice.
3.4 All amounts to be paid by a party to another party under or in connection with this agreement must be paid in cash or by way of bank cheque or electronic funds transfer into the account nominated by the other party.
3.5 Unless otherwise agreed in writing all amounts payable under or in connection with this agreement must be paid without set-off, counterclaim, withholding, deduction or claim to a lien whatsoever, whether or not any such set-off, counterclaim, withholding, deduction or lien arises under this agreement.
3.6 If a party fails to pay any sum payable by it under this agreement to another party at the time and otherwise in the manner provided in this agreement, it must pay interest on that sum from the due date of payment until that sum is paid in full at the Default Rate, calculated daily on the basis of a 365-day year and compounded monthly. Interest will accrue from day to day and will be payable on demand. The payment of interest by a party to another party in respect of any late payment is in addition to any other remedies that the other party may have in respect of such late payment.
3.7 If a liability of a party to another party under this agreement becomes merged in a judgement or order and the interest rate that applies under that judgement or order is lower than the Default Rate, that party must, as an independent obligation, pay to the other party, at the same time and in the same manner as the sum that is the subject of that judgement or order is to be paid, such additional interest on that sum as is required to ensure that the total amount of interest that the other party receives in respect of that liability is equal to the Default Rate.
3.8 Unless stated otherwise, prices are exclusive of GST, other taxes, duties, charges (including bank fees) and the costs of supply which shall be paid by the Customer unless otherwise agreed.
4.0 DELIVERY
4.1. Delivery times advised by Big Hit estimates only based on the best available information available at the time a quotation is supplied to a customer. Big Hit will apply its best endeavors to nominate an achievable supply date acceptable to the customer and to supply the goods in accordance with that date. Notwithstanding, the customer acknowledges that this estimated date of supply may be affected by circumstances outside the control of Big Hit and therefore supply may vary from the date estimated for supply.
4.2 Big Hit shall be under no liability whatsoever nor shall the Customer be relieved of any obligation to accept or pay for the Goods by reason of any reasonable delay in delivery.
4.3 Acknowledgement by the Customer or the Customer’s agent in writing that the goods were supplied shall be conclusive proof of delivery by Big Hit.
5.0 RISK
5.1 Risk of loss, damage or deterioration to the Goods shall pass to the Customer upon supply to the customer at the nominated premises.
6.0 TITLE
Until full and final payment is received by Big Hit all legal and equitable title in the Goods shall remain with Big Hit.
7.0 RETURN OF GOODS
7.1 The Customer shall not be permitted to reject or return Goods as being not in accordance with its order unless it notifies Big Hit in writing within 24 hours of delivery and installation.
7.2 Big Hit is under no obligation to accept the return of Goods by the Customer except for the purposes of an examination under clause 7.1.
7.3 Goods returned under clause 7.1 must be in the same condition as they were supplied with a valid Return Authorisation Notice.
7.4 Where the Customer rejects, returns, fails to collect or refuses to accept Goods, due to no fault of Big Hit , Big Hit may at its option recover the Goods and/or dispose of the Goods and the Customer shall be liable for any losses suffered by Big Hit in relation to such disposal.
8.0 INTELLECTUAL PROPERTY
8.1 The customer acknowledges that unless otherwise provided for under copyright legislation or by prior
8.2 The Customer indemnifies Big Hit against any damage, loss, costs or expenses (including legal expenses on an indemnity basis) incurred by Big Hit arising from any use elsewhere by the Customer of information pertaining to Big Hit’s intellectual property or the intellectual property supplied by the Customer as to be used by Big Hit to perform the works agreement with Big Hit any and all documentation supplied by Big Hit relating to artwork, engineering or workshop drawings, and engineering computations remains the intellectual property of Big Hit
9.0 WARRANTIES
9.1 To the maximum extent permitted by law and except as otherwise set out in this agreement, the Provider and its Representatives expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to the Services, including any implied warranty of merchantability and fitness for a particular purpose.
9.2 Where the conditions, representations and warranties referred to in clause 9.1 cannot be disclaimed or excluded by law, then the aggregate liability of the Provider and its Representatives in respect of any Claim for Losses that the Client and/or any of its Representatives may bring against the Provider in respect of the Services is limited, at the Provider’s election, to one or a combination of the following remedies:
9.2.1 re-supply of the Services/ Product;
9.2.2 payment of the costs of re-supply of the Services/Product by a third party; or
9.2.3 the refund of any amounts paid (either in full or part) by the Customer to Big Hit under this agreement in respect of the Services.
9.3 Where Goods or any component thereof are manufactured by a third party manufacturer, the Customer agrees that any warranty provided by the third party manufacturer is the Customer‘s sole and exclusive warranty in relation to those Goods or components and Big Hit gives no warranty in respect of those Goods.
10.0 DEFAULT
10.1 Where the Customer fails to make payment in full or otherwise breaches any term of this Agreement, 10.1.1 withhold delivery or further delivery of any Goods ordered by the Customer;
10.1.2 recover the goods and enter upon the Customer‘s premises for that purpose ;
10.1.3 terminate this Agreement and retain any monies paid by the Customer as liquidated damages and a genuine pre-estimate of damage suffered; and the Goods;
10.1.4 charge the customer interest together with all costs, charges and expenses (including legal costs on the solicitor-client basis) incurred by Big Hit in the recovery of all amounts due from the customer.
10.2. Big Hit may without prejudice to any of its other rights and remedies exercise its rights under clause 10.1 above in the event that the Customer: 10.2.1 exceeds any credit limit assigned to it by Big Hit; or
10.2.2 being a natural person, becomes bankrupt, commits an act of bankruptcy or enters into an arrangement with creditors;or
10.2.3 being a corporation, becomes an externally administered entity or fails to comply with a statutory demand pursuant to the Corporations Act; or
10.2.4 causes Big Hit to reasonably doubt its ability to make payment in full in accordance with this Agreement.
11. LIABILITY
11.0 The Customer indemnifies Big Hit against any damage, loss, costs or expenses (including legal expenses on an indemnity basis) directly or indirectly suffered by Big Hit arising from or in connection with any breach by the Customer of any term of this Agreement.
11.1 Under no circumstances will Big Hit be liable for any incidental, indirect, special, exemplary or consequential loss or damage, including loss os use, profit, revuew, goodwill or data, howsoever caused.
12.0 GENERAL
12.1 This Agreement shall only be varied by written agreement signed by an authorised representative of both parties.
12.2 This Agreement supersedes all prior agreements, representations and undertakings and constitutes the entire agreement between the parties relating to the subject matter.
12.3 The Customer may not assign the whole or any part of this Agreement without the prior written consent of Big Hit Teamwear and Signage.
12.4 If any term of this Agreement is found to be unenforceable for any reason the remainder of this Agreement shall remain in full force.
Big Hit Teamwear and Signage Queensland
184 Brisbane Street,
lpswich,Qld, 4305
Telephone 0435 299 330
EMAIL:signage@bighit.com.au