1. PRICES AND TERMS
The goods shall be purchased or quoted on these Terms and Conditions and at prices prevailing at the time the goods are dispatched. All prices quoted include GST. These Terms and conditions shall prevail unless varied in writing.
2. TERMS OF PAYMENT
i. Payment shall be either; by cash or credit card at time goods are ordered, or with prior approval, by 20th month following supply of goods.
ii. If payment is not received by the due date, then Smart Water may refuse delivery of further goods and stop further credit facilities.
iii. The customer will pay all collection and legal costs actually incurred by Smart Water (including actual solicitor/client costs) that are related to the collection or recovery of any unpaid account.
Payments not made on due date may, at Smart Water's sole discretion, bear interest from the date of the invoice at the rate of 2% per month until paid (or at such rate as shall be in force at the date of purchase).
4. CREDIT LIMIT
Smart Water may cancel orders in respect of any undelivered goods or may withold delivery of future orders if the customer's account exceeds the credit terms set by Smart Water.
5. NON RECEIPT OR DAMAGE
All goods must be checked on receipt as to quantity and / or damage. Non receipt or damange must be reported by the customer to both the Carrier and Smart Water within 3 days from the date of delivery, otherwise the claim may be rejected by Smart Water. Smart Water will replace goods covered by approved claims.
6. RETURNED GOODS
No goods shall be returned for credit without Smart Water's prior written approval.
All claims regarding goods supplied or allegations regarding goods not having been supplied as per invoice / packing slip shall be made within 3 days of delivery of the goods and in the absence of any claim the Customer shall be deemed to have accepted the terms of the invoces as correct and accept that the goods specified are as delivered.
8. CLAIMS RETURN POLICY
i. Goods supllied in error are returnable for replacement or credit, providing the error is notofied to Smart Water in writing within 3 days of delivery.
ii. No claim will be recognized unless the returned goods are in saleable, undamaged and clean condition, and in the original packaging, complete with detachable accessories and instruction manuals.
iii. Smart Water may at its sole discretion accept the return of goods surplus to the requirements of the Customer in which event the credit may not exceed 75% of the original amount charged for those goods.
9. RISK AND DELIVERY
Risk passes to the Customer on delivery of the goods. Delivery shall be deemed complete when Smart Water gives possession of the goods directly to the Customer, or possession of the goods is given to a carrier, courier, or other bailee for the purposes of transmission to the customer.
i. Except as provided in the Comsumer Guarantees Act 1993 and by the manufacturer's written warranty (if any) Smart Water makes no representation, condition, warranty or promise, express or implied, in resepct of goods supplied to the customer.
ii. Except as provided in the Consumer Gurantees Act 1993, Smart Water shall not be liable for any loss of any kind whatsoever suffered by the Customer as a result of a breach of any of Smart Water's obligations regarding the supply of goods or any negligence on the part of the Company, its servants agents or contractors, nor shall Smart Water be liable for any loss damage or injury caused to the Customers servants, agents, contractors, customers or other persons. The customer will indemnify Smart Water against any claim by such persons.
iii. The liability of Smart Water arising from a breach of any of Smart Water's obligations regarding the supply of goods, or from any negligence on the Company's part, its servants, agents or contractors (but not from any liability under the consumer Guarantees Act 1993), will be limited to damages which will not exceed the price of the goods supplied.
iiii. Where the customer purchases goods for a particular purpose, it is the Customer's sole responsibility to ensure the goods will be suitable for the Customers purpose, and Smart Water shall have no liability whatsoever in the event that the goods are not for the Customer's purpose, notwithstanding any statements made to the Customer by Smart Water or its officers or employees.
1. Ownership reserved: It is expressly agreed that ownership is reserved and legal and equitable title to and property in all goods supplied by Smart Water is and remains vested in Smart Water until payment in full has been receievd by Smart Water.
2. Recovery of Goods: Smart Water may at any time before sale of any goods by the customer recover and take repossession of such goods and otherwise exercise in relation to those goods any of its rights where those rights are also covered by common law, contract, statue or in any other way.
12. PERSONAL PROPERTY SECURITIES ACT 1999 ('PPSA')
1. The Customer grants to Smart Water a purchase money security interest in all present and after-acquired goods, supplied by Smart Water to the Customer described in any:
(a) quotation from Smart Water to the Customer;
(b) contract between Smart Water and Customer including without limitation, documentation (electronic or otherwise) supplementary to that contract and incorporated into that contract by reference or otherwise;
(c) purchase order or any other order for goods from the Customer;
(d) dispatch order, invoice, statement or remittance advice from Smart Water to the Customer.
2. At the request of Smart Water, and until all and any amounts due to the Customer have been paid in full, the Customer will promptly execute any documents and do anything else requred by Smart Water to ensure that any security interest created constitutes a perfected security interest over all goods supplied by Smart Water. This obligation extends to providing the information required by Smart Water to complete and register a financing statement or financing change statement.
3. The Customer will not, without the prior written consent of Smart Water, agree to allow any person (including the Customer) to file a financing statement over any goods supplied by Smart Water while the Customer is liable to Smart Water for any debt.
4. The Customer will notify Smart Water immediately if the Customer becomes aware of any person taking any steps to file a financing change statement against any goods supplied to the Customer by Smart Water.
5. The terms 'security interest', 'purchase money security interest', 'perfected security interest', 'personal property', 'financing statement' and 'financing change statement', referred to in the above clauses have the meanings given by the PPSA.
13. PRIVACY ACT
1. The customer authorizes Smart Water Technology Limited
(a) To collect and retain and use personal information about the Customer (the information contained in this document) for the following:
(i) Assessing the Customer's credit worthiness
(ii) Administering the financing, whether directly or indirectly of the Customer contracts(s) and enforcing Smart Water's rights hereunder.
(iii) Marketing goods and services provided by Smart Water
(b) To provide the information
(i) To any person for the foregoing purposes
(ii) To employees and agents of Smart Water and any other person, in the ordinary course of business, for any foregoing purposes
(iii) to credit agencies for the purpose of maintaining effective credit records.
2. The customer acknowledges:
(a) That the information is held by Smart Water at the address specified in this document, notwithstanding that it may also be held elsewhere by Smart Water and other persons for the purposes described above.
(b) that where information can be readily retrieved the Customer shall have access to it, the right to request correction and the right to be notofied of action taken in responise to any such request, subject to payment of any reasonable charge.
(c) that the aforesaid authorizations are irrevocable.
14. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration of Smart Water agreeing to supply goosd and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principle debtors to Smart Water the payment of any and all monies now or hereafter owed by the Customer to Smart Water and indemnify Smart Water against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due here under.
If a term or condition herein is held by a Court to be unenforceable then such term or conditon shall be severed from all other terms and conditions without affecting the enforceability of those terms and conditions.