Transportable Switchrooms
On Budget, On Time, Every Time

Terms & Conditions

Terms of Payment

  1. All accounts unless stated otherwise agreed in writing shall be paid upon delivery of the goods and/ or upon completion of the works undertaken or services by HVLV ("the Company") for the Buyer. Disputes and/or claims do not constitute grounds for non –payment of amounts other than those in dispute.
  2. All accounts unless otherwise specified in writing shall be paid within 60 calendar days from end of month.
  3. Unless the Company agrees in writing to the postponement of payment of any monies owing to the company by the Buyer, interest shall be payable by the Buyer on the highest debt balance of each calendar month on monies owing by the applicant to the Company, calculated daily from the date the monies became due until the actual date of payment at a rate of 14% per annum provided that, the Company may, at any time serve on the Buyer a notice varying as from the future date specified therein the interest rate, and the interest rate shall be varied as therein provided from the date therein specified, being a date no less than seven days after the date of service of such notice.
  4. Payments received by the Company will be applied firstly in reduction of interest payable and accruing from month to month, and secondly in reduction of all monies owing to the Company until such time as all monies owing to the Company have been paid in full.

Inspection and Acceptance

  1. The Buyer shall inspect all goods upon delivery and shall within 48 hours of delivery give notice to the Seller named in the relevant sales invoice or any matter or thing by which the buyer alleges, that the goods are not in accordance with the Buyer’s order. Failing such notice, subject to any non-excludable condition implied by law, such as those in the Trade Practices Act, the goods shall be deemed to have been delivered to and accepted by the Buyer.

Returns

    1. Returns will be accepted for faulty or defective goods or any other non-excludable obligations of the Seller set out in the Trade Practices Act 1974 or similar State or Territory legislation.
    2. Returns other than those referred to in (a) above, must be approved by the Seller named in the relevant sales invoice. These authorised returns must be freight prepaid and will only be accepted if they are in a saleable condition. The seller reserves the right to charge a handling fee equal to 10% of the price of the goods returned under this provision. Products specifically purchased, manufactured, machined or cut to size or to the Buyer’s specification are not returnable unless they are of the kind referred to in (a) above.

Quotations

  1. A quotation by the Company to the Buyer is valid for 30 days or such other period as stated. A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from it until the Buyer’s order has been accepted in writing by the Company.
  2. Any legal costs, stamp duties, or any other expenses whatsoever incurred by the Company in respect of the Application, agreements, guarantees, securities or other documentation required by the Company or other costs reasonably incurred by the Company in consequence of this Application and any other expenses incurred in respect of opening and maintaining any account in the name of the Buyer together with any collection costs, dishonoured cheque(s) fees, legal costs, whether charged on scale or on any other basis incurred, shall be paid by the applicant on demand.

GST

  1. The parties agree that:
    1. The purchase price is exclusive of GST
    2. Each party will comply with its obligations under the Trade Practices Act when calculating the amount of any payment and the amount of any relevant payments will be adjusted accordingly.
    3. All invoices must be compliant Tax Invoices
    4. If the whole or any part of any payment is the consideration for a Taxable Supply for which the payee is liable to GST, the payer must pay to the payee an additional amount equal to the GST amount, either concurrently with that payment or as otherwise agreed in writing.
    5. Any reference to a cost or expense in this Agreement excludes any amount in respect of GST forming part of the relevant cost or expense when incurred by the relevant party for which that party can claim an Input Tax Credit, and the payee will provide to the payer a Tax Invoice.

Passing Of Property & Risk

    1. Goods supplied by the Company to the Buyer shall be at the Buyer’s risk immediately upon delivery to the Buyer, into the Buyer’s custody or at the Buyer’s direction (whichever happens first).The Buyer shall insure the goods from the time of that delivery at its cost against such risks as it thinks appropriate, shall note the interest of the seller named in the relevant Sales Invoice on the insurance policy and shall produce a certificate to this effect to the Company upon request.
    2. Property in the goods supplied by the Company to the Buyer under these terms and conditions shall not pass to the Buyer until those goods have been paid for in full.

Force Majeure

  1. If the performance or observance of any obligations of any seller is prevented, restricted or affected by reason of a force majeure event including strike, lock out, industrial dispute, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of the Company, the Company may, in its absolute discretion give prompt notice of that cause to the Buyer. On deliver of that notice the Company is excused from such performance or observance to the extent of the relevant prevention, restriction.

Buyer’s Cancellation.

  1. Unless otherwise agreed in writing, the Buyer shall have no right to cancel an order which has been accepted by the Company. If a right of cancellation is expressly reserved to the buyer, such right of cancellation must be exercised by notice in writing from the Buyer to the Company with which the order has been placed not later than 7 days prior to the estimated date of shipment by the manufacturer or the Company as the case may be. Unless otherwise agreed between the Buyer and Seller, upon cancellation prior to delivery any deposit paid by the Buyer shall be forfeited to the manufacturer or the Company.

Warranty and Liability of Seller

    1. The seller makes no express warranties under this agreement except that to the extent that the goods supplied are covered by the manufacturer’s warranty, the Company will pass on to the Buyer the benefit of the manufacturer’s warranty.
    2. Upon discovery of any defect in the goods supplied by the Company, the Buyer shall immediately notify that Seller in writing. The Buyer shall not carry out any remedial work to allegedly defective goods without first obtaining the written consent of the Company to do so.
    3. The seller does not exclude or limit application of any provision of statute where to do so would contravene that statute or cause any part of this clause to be void.
    4. To the extent permitted by statute, the liability, if any, of the seller arising from the breach of any implied conditions or warranties in relation to the supply of goods other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, shall at the seller’s option be limited to:
      1. the replacement of the goods or resupply of the goods by the seller;
      2. the repair of the goods
      3. the payment of the cost of replacement of the goods; or
      4. the payment of the cost of repair of the goods

Financial Responsibility

  1. If the applicant:
    1. Defaults in the due and punctual observance of all or any of his obligations under any contract arising out of this Application: or
    2. Being a person, dies, commits and act of bankrupt; or
    3. Being a company, takes or shall have taken against it any action for its winding up placement under Management, Administration and/or Receivership then the company without prejudice to any rights or remedies open to it may;
      1. Treat as discharged all or any obligation arising from any agreement with the Applicant;
      2. Retain any security given or monies paid by the Applicant or available through the enforcement of any guarantee, security or bond and apply this in reduction of any sum which may be lawfully recovered by the Company.

Indemnity Clause

  1. The Company indemnifies the buyer against any loss or claim, whether arising at common law, in equity or under any statute, which the buyer suffers or incurs arising out of or in connection with the services performed and/or provided by the Company in accordance with the contract, except to the extent the loss or claim occurs as a result of the negligence of any other party except the Company, its directors, employees or agents.

    The indemnity granted by the company shall be reduced proportionately to the extent that the negligence of any other party has contributed to any loss or claim.

    The buyer indemnifies the Company against any loss or claim, whether arising at common law, in equity or under any statute, which the Company suffers or incurs arising out of or in connection with the negligence of the buyer, its directors, employees or agents.

    The indemnity granted by the buyer shall be reduced proportionately to the extent that the negligence of the Company has contributed to any loss or claim.

Limitation of Liability

  1. The Company shall not be liable to the buyer or any other party for any direct, consequential, special, contingent or penal damages, whether arising out of loss of use, loss of profit, loss of revenue, loss of reputation or loss of opportunities or otherwise, suffered by that party arising out of or in connection with the contract, due to negligence or otherwise.

    The Company’s total liability to the buyer for all losses the buyer suffers or incurs arising out of or in connection with the contract is limited to the greater of:
    1. $100, 000 and
    2. Any amounts that the Company is able to recover under a policy or policies of Insurance that the Company effects and maintains, or should have effected and maintained, under the contract, or would have been able to recover but for any act, failure or omission by the Company or any of the Company’s personnel.

      Every exemption from, and Limitation of, Liability defence and immunity that applies to the Company (including those set out in the Contract) will also be available and extend to protect every servant or agent of the Company acting under or connected with the contract or giving representations, information, or advise relating to the contract. For the purpose of this clause the Company is deemed to be acting as agent or trustee on behalf of or for the benefit of all persons who are or might be its servants or agents from time to time, and to that extent all those persons are deemed to be parties to the contract.

Insurance Provided by the Buyer

    1. The buyer accepts that any goods owned by the buyer, and stored at the Company’s facilities, are not insured by the Company. The Buyer should therefore, ensure they have the necessary insurance.
    2. The buyer accepts that insurance relating to the transportation of the goods will be at the Buyer’s responsibility.

The Company may, at any time and from time to time, alter these terms and conditions.