WHITES POWERSPORTS PTY LTD
TERMS AND CONDITIONS
The following Terms and Conditions apply to the provision of Goods supplied by Whites Powersports Australia PTY Ltd
(ABN 85 600 617 561) (WPA) to the Customer. By accepting delivery of the Goods from WPA, the Customer agrees that that they will be bound by these Terms and Conditions.
1. PAYMENT & GST
1.1 The Customer must pay to WPA the Purchase Price in full within 30 days of the date of any Invoice provided by WPA
1.2 If the Customer does not pay the Purchase Price in full on or by the Due Date then, in addition to the Price, the Customer must pay on demand interest, to be calculated on a daily basis at a rate 4% higher than the penalty interest rate applicable in Victoria, from time to time, from the Due Date until the date that the Customer pays the Purchase Price in full.
1.3 If GST applies to a taxable supply made under this Agreement the party to which the taxable supply is made must pay GST on that taxable supply, in addition to any consideration (excluding GST) that is payable for that taxable supply. It must do so at the same time and in the same way as it is required to pay the consideration for the taxable supply.
1.4 Payment of monthly or overdue accounts by credit card will incur a 1.9% surcharge for all normal trading accounts.
2. TITLE, DELIVERY, AND RISK
2.1 Delivery of the Goods occurs when they are delivered to the Customer’s premises. Until delivery, risk in the goods remains with WPA. WPA must be advised in writing of any shortages within 24 hours of delivery.
2.2 Title to the Goods remains with WPA until the customer has paid the full Purchase Price. Title in the Goods will not pass to the Customer until the Purchase Price has been paid in full. Until then, the Customer is Bailee of the Goods and WPA or its agents may enter any premises of the Customer and repossess the Goods and/or inspect any documents relating to the Goods.
2.3 If the Customer sells, uses or disposes of the Goods while they remain the property of WPA the Customer holds the proceeds of any sale, use or disposal on trust for WPA up to the amount it owes WPA in respect of those Goods, and must immediately pay that amount to WPA.
2.4 If delivery is delayed, WPA is not liable for any Loss caused by the delay and the Customer is not relieved of its payment obligation.
3. PRODUCT RETURNS
3.1 If notified within 14 days of delivery WPA may accept the return of goods that have been incorrectly supplied. All returns require a RETURN AUTHORISATION NUMBER supplied by WPA, and must be accompanied by a copy of the original tax invoice and explanation for return. Goods accepted for return must be unmarked, in original undamaged packaging and ready in every way for re sale.
4.1 Prices may change at any time without notice. The only correct purchase price is the price charged on an invoice at time of purchase.
4.2 Any RRP price advertised is suggested only and the customer may charge any price they determine.
5. PRIVACY ACT
for further information.
6. CREDIT REPORTING
If you apply for credit or offer to act as a guarantor, we may exchange certain credit-related personal information with Credit Reporting Bodies (CRBs). The types of information we may disclose or obtain to or from a CRBs may include; a credit report containing personal credit information about the Customer’s credit standing, credit history or credit worthiness; that we provide credit to you; the type of credit you hold; the amount of credit provided to you; when your credit account is opened and closed; that you have made payments on time or corrected a default; the fact that you have failed to meet your repayment obligations; or that you have committed a serious credit infringement. CRBs may include that information in reports to assist them to assess your creditworthiness.
7.1 All capitalised terms in the clause have the meanings given to them in the Personal Properties Securities Act 2009 (PPSA) (unless defined otherwise in these terms).
7.2 The Customer acknowledges and agrees that these Terms evidence a Security Agreement and that a Security interest exists in the Goods (whether supplied previously or in the future).
7.3 Until title in Goods passes to the Customer (cl 2), to the extent possible at law, the Customer agrees to waive its rights under Ch 4 of the PPSA, in respect of the provisions set out in section 115(1) of the PPSA.
7.4 The Customer agrees that it receives value on the date of delivery of the Goods and does not wish to postpone the attachment of the Security Interest granted under these Terms. Customer agrees to do anything WPA requires to ensure that its Security Interest is a perfected Security Interest and has priority to the fullest extent permitted by law including granting WPA access to the Customer’s premises to take possession of the Goods if required.
7.5 Any WPA Security Interest will be a continuing and subsisting interest in the Collateral with priority to the fullest extent permitted by law over any other registered or unregistered Security Interest. The Customer must keep the Goods free of any charge, lien or other Security Interest and the Customer must not otherwise deal with the Goods in a way that will or may prejudice any rights of WPA under these Terms or the PPSA.
8.1 To the maximum extent permitted by law, neither party will be liable to the other party for any indirect or consequential Loss or damage or any Loss or profits of business revenue.
8.2 Without limiting clause 8.1, and other than for a breach of these Terms by a Customer, the parties agree that to the maximum extent permitted by law the total aggregate liability of one party to the other under or arising out of these Terms, whether based on contract, tort (including negligence), breach of warranty or any other legal or equitable grounds is limited to the total amount payable to WPA under these Terms as at the date on which the liability arises.
8.3 The Customer must continually indemnify WPA and its officers, employees, and agents against any liability, Loss, damage, or expense (including legal costs) incurred or suffered as a direct or indirect result of a breach of these Terms, or the Customer’s negligence or wilful misconduct.
No warranty is offered on any product supplied by WPA. Products used in any form of racing or competition or fitted to a model that may be put to such use, and all electrical items, are expressly excluded from any form of warranty.
WPA provides the Goods in response to an order online, by telephone, by fax, or through a WPA Sales Representative.
11.1 The Customer must not assign or transfer or purport to transfer any of its rights or obligations under these Terms.
11.2 These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the Victorian Courts and courts of appeal from them.
Customer means a person or entity that receives Goods from WPA
Goods means goods described on the reverse side of this Invoice
Invoice means any valid tax invoice provided to the Customer by WPA
Loss means any loss, liability, expense, cost, or damage in any form
Purchase Price means the amount described in the Invoice as being payable to WPA for the provision of Goods
Terms and Conditions means these terms and conditions