- PARTIES
M&S Hardie Pty Ltd ATF The Hardie Family Trust T/A HEDD, Hoistsafe, Container Twistlocks or Container Hoardings herein referred to as ‘us’.
The purchaser, hirer, user, recipient, owner, principle or any other party entering into or connected with a commercial contract with us herein referred to as ‘you’.
- WHAT IS A COMMERCIAL CONTRACT
A commercial contract is any agreement in any form, whether written or verbal, in which we have agreed for us to provide goods and/or services to you.
- OWNERSHIP
We own the goods at all times until payment is made in full for the goods. You do not have any right, interest or claim in or over the goods except as expressly set out in this Agreement until they are fully paid for.
- WHAT FEES AND CHARGES ARE PAYABLE BY YOU?
Invoices must be paid by the due date shown on the invoice. Late fees of 1.5% per calendar month will be applicable and chargeable if payment is not made by the due date. Credit card payments attract a 2% surcharge.
- RETURN OF GOODS
Returns are only accepted after agreement by us. Re-stocking fee of 20% applies to all returns. Goods must be returned in an as received condition. All transport associated with returns is at your cost.
- DEFAULT, REMEDIES UPON DEFAULT
(a) What is an event of default? You commit an event of default under this Agreement if
(i) you fail to pay any Charges when due under this Agreement and you do not remedy your failure within two (2) workings days of the date that we notify of your failure;
(ii) you fail to perform any other obligation under this Agreement and you do not remedy your failure within 10 workings days of the date that we notify of your failure; or
(iii) you cease doing business, become insolvent, commit an act of bankruptcy or become the subject of any proceeding under any bankruptcy act, or its counterpart under the law of Australia or any territory outside of the jurisdiction of Australia.
(b) What are our rights after an event of default? If an event of default occurs, we may (but are not obliged to) immediately without notice to you and without releasing you from any accrued obligations do one or more of the following
(i) terminate this Agreement;
(ii) declare the balance of the Charges due and payable by you;
(iii) retake possession of the Goods; and
(iv) remedy any default that you commit under this Agreement (at your cost).
(c) Termination does not discharge your obligations. Termination of this Agreement will not relieve or discharge you from any obligations under this Agreement incurred prior to termination.
- INDEMNITY
You indemnify and will hold us harmless from all liability, damage, cost or expense arising out of any: (i) failure by you to comply with your obligations under this Agreement; (ii) any claim for personal injury or death, and for loss of or damage to person, property, cargo, vessels or vehicles, arising out of or incident to the ownership, selection, possession, leasing, operation, control, use, design, storage, loading, unloading, moving, maintenance, delivery or return of the goods or services. You hold us harmless from any action, claims, liability or loss in respect of the performance of the services. This indemnity survives the termination of this Agreement.
- GENERAL
(a) Binding: This Agreement binds the parties, their successors and assigns and shall be governed by the laws of Australia.
(b) Costs: You agree to pay all our costs and legal fees for any action brought by us under this Agreement.
(c) Waiver of rights: No failure to exercise nor delay in exercising any right, power or remedy by us operate as a waiver.
(d) Cumulative Rights: Our rights under this Agreement are in addition to, and do not exclude, any right at common law, equity or any other agreement between you and us.
(e) Variation of terms and conditions: We may amend the terms and conditions of this Agreement upon written thirty (30) days notice to you of the proposed changes.
(f) Taxes: You are responsible for the payment of all taxes and levies, duties or charges which arise under or in connection with this Agreement (including, if any, stamp duty)