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A V Corporate Pty. Ltd. - ABN 12 093
111 749
Terms and Conditions of Trade - Effective 1st Jan 2006.
A. Definitions
In this document the following have defined meaning:
”AVC” means A V Corporate Pty. Ltd. - ABN 12 093 111 749 including
operational divisions WOW Functions and Balloons Plus;
"Client" means the person, entity or business (or their authorized
representative) that is the purchaser of the Products and Services
offered by AVC;
“Agent” means a person entity or business acting on behalf of the
Client;
“Services” means the Products or Services or Hire Items or Support
Programs on offer from AVC.
“Event” is the situation bringing AVC together with the Client.
B. Construction
This document and documents referred to by this document, constitute
the entire agreement about AVC’s sale of Services to Clients. This
document supersedes all prior understandings, arrangements and
agreements.
Any reference in this document to the singular includes the plural and
vice versa; and, the word "including" means "including, but not
limited to," and the word "includes" means "includes, without
limitation,".
All
headings in this document have been inserted for the purpose of ease
of reference only. They do not affect the meaning or interpretation of
it.
1. This Agreement
between AVC and the Client
Placing an Order with AVC for Products or Services constitutes an
acceptance by the Client of the terms and conditions of this
Agreement. Except as required by Law and only then to the extent the
Law requires, any qualification or variation to these terms and
conditions contained in any document issued by the Client will be of
no force or effect unless agreed to in writing by AVC.
2. Orders
2.1 Orders will be accepted only if they are in writing and
communicated by hand, mail, fax, email, or other format to AVC by the
Client.
2.2 A verbal Order
from the Client, communicated in person, by telephone or by some other
means; (or a text message communicated by telephone) may be accepted
at the absolute discretion of AVC. If required, a Statutory
Declaration signed by the AVC staff member accepting the order shall
be taken as evidence that the order was placed.
2.3 Orders placed on
behalf of a Client by a third party Agent shall become due and payable
by the Agent if denied by the Client.
2.4 All orders
placed by the Client are subject to acceptance by AVC at their
absolute discretion; including times when insufficient supply or
circumstances prevent AVC from fulfilling an order.
3. Payments
3.1 The price for Products or Services ordered by the Client will be
as shown on an AVC Tax Invoice to the Client. This Invoice will show
any items priced on the official AVC Cost Estimate plus any additional
items ordered verbally by the client during an Event. Payment must be
made by the Client (in full) within 30 days of the date of the Invoice
(unless otherwise agreed in writing).
3.2 Delivery of
Products or Services by installments over time may be invoiced
separately and must be paid for accordingly.
3.3 A Deposit may be
required by AVC prior to acceptance of an order. The deposit amount is
at the sole discretion of AVC.
3.4 The Client will
be liable to pay interest on any overdue amount at the annual rate of
12% calculated daily from the date of Invoice to the date the overdue
amount plus all accrued interest is paid.
3.5 If an invoice
remains unpaid in full or part for 60 days AVC may submit the Client
account to a collection agency and may recover the outstanding amount
specified in the invoice including interest, legal costs, bank fees
and charges and other expenses incurred in attempting to recover the
debt and any fees and commissions or other amounts paid to any
collection agency acting on AVC’s behalf.
4. Title
4.1 Title of Products sold by AVC to the Client are transferred to
the Client only when paid for in full (including any overdue
interest).
4.2 If the Client
breaches these terms or any sales contract made between AVC and the
Client, the Client authorizes AVC to enter any premises where the
Product or Services are located so that AVC may inspect and/or reclaim
the Products or Services.
5. Delivery
5.1 AVC will use its reasonable endeavors to ensure Delivery and
Delivery/Pack-Down times, as scheduled, are adhered to. Scheduled
times provided to the Client are however only planned estimates and
AVC will not be liable for any loss, damages, or delay suffered or
incurred by the Client arising from variations in the time of delivery
or non delivery of Services whatever the cause.
5.2 Delivery by AVC
to a third party carrier will be deemed to be delivery to you the
Client. Product or Services ordered by the Client will be delivered
to the delivery address provided by the Client and set out on the AVC
Cost Estimate. AVC reserves the right to charge for delivery if AVC
so chooses for whatever reason.
5.3 Inspection and Acceptance after delivery -
all Products and Services ordered by the Client should be inspected by
the client as soon as possible after delivery. Any notice in relation
to non-delivery or incorrect delivery must be made to AVC in writing
and delivered by hand, fax or email to
action@avcorporate.com within 3 days of
delivery. If no such notice is issued, the Products or Services will
be assumed to be accepted by the Client.
6. Risk
6.1 All Products and Services ordered by the Client for delivery will
be at the Clients risk immediately upon assignment of the Products or
Services to a delivery company (including AVC delivering the
Services). In the case of hired Products and Services this risk
remains with the Client until items are returned to the AVC warehouse
at 169 Orlando Street
Coffs Harbour.
6.2 Damage Waiver
charge where included in the Tax Invoice to the client transfers any
risk of damage from the Client to AVC. Risks of loss or theft remain
with the Client until items are returned to the AVC warehouse.
7. Returns Changes Cancellations
7.1 Returns - A Client may return any product sold by AVC if it is
covered by a manufacturers warranty; such product will be repaired or
replaced at the absolute discretion of AVC. AVC is not obliged to
accept return of a product where a Client changes their mind.
7.2 Order Changes
and cancellations - Products or Services once delivered or set-up are
chargeable to the Client. Changes and cancellations BEFORE DELIVERY
will, where possible, be accommodated by AVC at no charge to the
Client - except where the Product or Service has been especially
acquired or reserved for the Client’s Event. AVC at their absolute
discretion will determine whether or not an Ordered Product or Service
is chargeable to the Client.
7.3 Third Party
Products or Services (including Entertainers and Bands) that have been
booked on behalf of a Client are subject to individual return
policies. All Third Party fees and charges payable by AVC in respect
of a Client Order will be invoiced to the Client together with any
associated service fees that may be due to AVC.
7.4 AVC will not be
liable for damage or defect in Product or Services caused by Client
neglect, improper use, installation, maintenance or any unauthorized
repair.
8. Helium Gas Supply
(Balloons Plus)
8.1 AVC supplies Helium gas to Clients by arrangement with BOC
Limited (BOC) a member of the BOC Group ABN: 95 000 029 729. BOC
Terms and Conditions of Supply (see
www.boc.com.au) where relevant to you the
end Client, also apply to all Helium Gas and Containers supplied by
AVC.
8.2 The AVC Invoice
price of Helium Gas supplied by AVC will be determined by AVC at its
absolute discretion from time to time and may change without notice.
8.3 BOC charge a
Container Service Fee calculated on a daily basis for each supplied
Container. This fee will be invoiced to the Client by AVC together
with any relevant surcharge for each Container supplied – except that
AVC may, at its absolute discretion, waive this charge where
containers are held by the Client for only a short period of time.
8.4 All Gas
Containers supplied are returnable. Containers MUST be
returned within 14 DAYS unless by prior arrangement with AVC.
Containers not returned will be Invoiced by AVC to the Client at the
current BOC Container Replacement Fee plus any associated collection
or service charges.
9. Warranties
9.1 AVC will pass on to the Client any manufacturers warranty
associated with Products or Services sold.
9.2
AVC warrants the Services supplied do not infringe any patents,
trademarks or other intellectual property rights of third parties.
9.3
AVC further warrants that Services will be rendered with due care and
skill and any Equipment supplied is of reasonable quality and fit for
the purpose for which it was designed.
9.4
AVC when supplying Products and or Services will comply with the
provisions of all relevant legislation and the requirements of any
applicable State, Commonwealth or Local authority.
10. Limit of
Liability
10.1 Notwithstanding anything contained in these terms of trade
to the contrary, AVC's maximum liability under any Order will not
exceed the aggregate of the purchase monies received by AVC for that
order.
10.2
AVC will not be liable (except
as required by Law and only then to the extent the Law requires) to the Client
or any other person under any circumstance for any loss of use,
profit, revenue, interest, goodwill, data, for any injury or death to
any person, or for any indirect, incidental or consequential damages
sustained or incurred by Client, whether such liability arises
directly or indirectly as a result of: the sale, performance or use of
any Products or Services; or any negligent act or omission or willful
misconduct of AVC or its employees or agents; any breach by AVC of its
obligations under these Terms or any relevant Sales Contract.
10.3 AVC will use
its reasonable endeavors to perform its obligations under these Terms
of Trade but will not be liable for any failure to deliver ordered
Products or Services where such failure is a result of an act of God,
war (declared or undeclared), blockade, disturbance, lightning, fire,
earthquake, storm, flood, explosion, governmental or
quasi-governmental restraint, expropriation, prohibition,
intervention, direction or embargo, strike, lockout or other
interference with work; unavailability or delay in obtaining
governmental or quasi-governmental approvals, consents, permits,
licenses, authorities or allocations, and any other cause, whether of
the kind specifically enumerated above or otherwise which is not
reasonably within the control of AVC.
11. Intellectual Property
AVC own the Intellectual Property Rights (including copyrights) to
all work they do and all information they give to you the Client as
part of their support programs. They grant you a non-exclusive license
to use that work and information for yourself, or internally within
your company over the period covered by their Invoiced Services. AVC
have the right to use and treat as non-confidential any information
you may give them during your use of their Services unless you specify
in writing the fact that certain material should be treated as being
confidential.
12.
Severability
The provisions of this agreement shall be deemed to
be severable and any invalidity of any provisions of this agreement
shall not affect the validity of the remaining provisions.
13.
Governing Law
The contents of this agreement, its meaning and interpretation and the
relationship to the parties are to be governed by the laws of New
South Wales. The parties submit to the jurisdiction of the courts of
that place.
ENDS. Copyright ©
2007 A V Corporate Pty. Ltd.
Contact us if
you need to know more ...
A V
Corporate Pty. Ltd.
Tel: +61 2
6658 0071 Fax: +61 2 6658 0072
Email:
action@avcorporate.com
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