SuperGeek Terms & Conditions
In these terms:
Act means the Corporations Act 2001 (Cth);
Terms means these terms and conditions;
Customer or you means a person, firm or corporation, jointly and severally if more than one, that requests goods or services from us;
Goods means all products and other goods (including any software) supplied by us to you or on your behalf;
Insolvency Event means, for a person, being in liquidation or provisional liquidation or administration, having a controller (as defined in the Act) or similar appointed to it or its property, being taken under s459F(1) of the Act to have failed to comply with a statutory demand, being unable to pay its debts or otherwise insolvent, dying, ceasing to be of full legal capacity or becoming incapable of managing its affairs fro any reason, taking any step that could result in becoming insolvent under administration (as defined in the Act), entering into a compromise or arrangement with, or assignment for the benefit of, its members, creditors or any analogous event;
Managed Services means services which are provided to you and managed by us.
Order means an order placed by you to purchase Goods and/or Services from us.
Services means all services performed by us for you or on your behalf;
Supergeek or we or us or our means Davey SG Pty Ltd ABN 65 164 555 677, and Supergeek Corporate Service Pty Ltd ABN 81 604 728 752 ; and
Party and Parties means (severally and not jointly) Supergeek and/or the Customer as the context requires.
- We agree to supply Goods and/or the perform Services and you agree to accept the Goods and/or Services in accordance with these Terms. These Terms are deemed to be incorporated into all Orders for Goods and/or Services by us to you unless otherwise agreed by us in writing.
- If you place an Order for Goods and/or Services, or enter into a contract with us for Goods and/or Services and those Goods and/or Services are provided by us to you or you pay for those Goods and/or Services, you are taken to have accepted these Terms.
3 Quotes and Orders
- Any written quotation provided by us to you concerning the proposed supply of goods or provision of Services is:
- not an offer by us and it may be withdrawn or altered without notice. Unless the quote is withdrawn by us it remains valid for 30 days; and
- an invitation only to you to place an order based upon that quotation and we are under no obligation to sell or offer those Goods and/or Services outlined in the quote and may choose to accept or reject any Order you place with us which may be based on that quote.
- Any order placed by you will constitute an offer by you to purchase the Goods and/or Services described in that order and will remain subject to our acceptance, in our sole discretion.
- Once we have accepted an Order, you will not be able to modify or cancel any part of or the whole of that Order, unless agreed by us in our sole discretion.
4 Charges and Payment
- Unless we agree otherwise and subject to any quote issued by us to you, the price for the Goods and/or Services will be the prices we normally charge for those Goods and/or Services.
- We will issue you an invoice for each Order. You must pay the invoice in the manner and before the time specified in each invoice.
- Payment of all invoices must be in Australian Dollars and may be paid by cash, credit card or business cheque on or prior to the supply of Goods or the provision of Services unless you have a credit account with us. Credit card payments will attract a Merchant Service Fee (MSF) of 2% for Visa or MasterCard.
- When we visit your Premises to supply the Goods or provide the Services to you, all our visits are chargeable and are charged in 20 minute increments after the first hour. Any part thereof is chargeable at the same rate as a full 20 minutes.
- For the avoidance of doubt, if during us providing Services, we supply Goods which were not originally in the Order, all costs associated with the supply of those Goods are recoverable from you and are in addition to the cost for us providing the Services.
- If you exceed your approved credit terms, you will be charged a $50.00 late payment fee without prior notice. A revised invoice will be sent to you to take into account the late payment fee.
5 Payment Default
- you do not pay an invoice in accordance with its terms;
- any cheque drawn by you is dishonoured;
- We consider that your creditworthiness has become unsatisfactory (acting reasonably);
- you suffer from an Insolvency Event; or
- you otherwise breach any part of these Terms,
then all money which is then due as well as all monies that are payable by you to us at a later date on any account, shall be due and payable immediately without notice to you.
- If clause 5(a) applies we may, without prejudice to any other right or remedy available to us:
- charge you interest on any sum due at the rate of 2% above the corporate reference rate of our principal banker. This interest shall be calculated daily and compounded every 30 days for the period from the due date until the date of payment in full;
- charge you for all expenses and costs associated with collective all overdue monies, including without limitation, legal fees on a full indemnity basis, debt collection costs, dishonoured cheque fees and reasonable administration costs suffered or incurred by us resulting from the default, including taking whatever action we deem appropriate to recover any amounts due; and
- cease or suspend for such period as we think fit, supply of any further goods or services to you; and
- by notice in writing to you, terminate any contract with you so far as unperformed by us; without effect on our accrued rights under this or any other any contract.
6 Title and risk
- Risk in the Goods and all insurance responsibility for theft, damage or otherwise in respect of the Goods will pass to you upon delivery of the Goods by us to the premises nominated by you (unless otherwise agreed in writing).
- Title in the Goods will not pass to you until you have paid us all amounts owing (all cheques or negotiable instruments have been paid) and you have met all other obligations due by you to us in respect of these Terms and all other contracts between you and us, and until the above obligations have been satisfied, you acknowledge and agree that you:
- hold the Goods as bailee only;
- must store the Goods supplied in a way that it is clear that they are our property; and
- irrevocably authorise us to enter any premises where the Goods are kept and, if necessary, to use our name and to act on your behalf to recover the Goods.