TERMS AND CONDITIONS OF SALE AND SERVICE
These are the entire terms and conditions of sale of all goods and merchandise (including goods supplied in connection with the provisions of services) (“Goods”) and (“Services”) supplied by BLAZE INDUSTRIES (ACN 006 538 218) and associates and subsidiary companies all of which are referred to as BLAZE INDUSTRIES to any person, firm or company placing an order with BLAZE INDUSTRIES for the purchase of goods or services (“The Customer”). Except as otherwise expressly agreed upon in writing between a duly authorized officer of BLAZE INDUSTRIES and the customer, these terms and conditions shall apply not withstanding any provisions to the contrary which may appear on any order form or other document issued by any other customer.
1. No quotation by BLAZE INDUSTRIES shall constitute an offer.
2. All orders placed with BLAZE INDUSTRIES shall only be accepted subject to these Terms and Conditions. BLAZE INDUSTRIES may at any time, and from time to time alter these Terms and Conditions and such altered Terms and Conditions shall apply after notification by BLAZE INDUSTRIES to the Customer. BLAZE INDUSTRIES may notify the altercation of these Terms and Conditions by posting the altered Terms and Conditions on its website.
3. If a Customer cancels or alters any order or part order, weather for special goods or standard goods, with any materials at any time after BLAZE INDUSTRIES has received the order then BLAZE INDUSTRIES reserves the right to change to the Customer the costs of any specials goods or materials already required for the order together with the cost of labour and tooling expended to the date of such cancelation or alterations.
4. Goods and Services Tax (“GST”) Sales Tax or any other applicable tax or duty payable shall be paid by or reimbursed by the Customer to BLAZE INDUSTRIES demand and the Customer shall indemnify and keep indemnified in respect of all taxes and duties including GST arising out of any sale of Goods or the subsequent use of Goods after the sale to the Customer.
5. BLAZE INDUSTRIES shall be indemnified to vary the price of any Goods and Services at any time prior to delivery or Completion on if the cost to BLAZE INDUSTRIES of performing its obligations is increased or reduced by any new or Amended legislation, regulation, order, directive, by-law, license or approval or by reason or fluctuations in currency value or by rise or fall in the amounts payable for labour, changes in the amount charged to BLAZE INDUSTRIES by its suppliers or by any cause beyond the direct control of BLAZE INDUSTRIES. No such variation shall entitle the Customer to cancel an order.
QUOTATION FOR GOODS AND SERVICES
6. Where a Price quoted by BLAZE INDUSTRIES for Services is specified to be an estimate, the Customer shall pay BLAZE INDUSTRIES the amount claimed by BLAZE INDUSTRIES upon completion of the Services which amount may very from the estimated amount and which amount shall be based upon the actual work done and materials supplied by on behalf of BLAZE INDUSTRIES. Where the customer has requested BLAZE INDUSTRIES to prepare a quotation for the provisions of Services which requires BLAZE INDUSTRIES to perform disassembly of any existing property of the Customer (“Customers Property”) and the Customer does not accept the quotation, the Customer shall be responsible for all labour and associated costs and charges incurred by BLAZE INDUSTRIES in preparing the quotation. The Customers Property will not be reassembled following rejection of a quotation unless the Customer requests BLAZE INDUSTRIES to do so and agrees to pay BLAZE INDUSTRIES charges for reassembly.
7. Where the Customer has requested BLAZE INDUSTRIES to provide Services, the Customer also authorizes such additional services and tests as may be necessary in connection with the Services and agrees to pay BLAZE INDUSTRIES charges for the additional Services.
TERMS OF PAYMENT
8. The time specified by BLAZE INDUSTRIES for payment is of the essence and, subject to clause 10, is the payment term as specified on the invoice issued by BLAZE INDUSTRIES to any Customer or failing within 14 days of the date of the invoice. If the Customer fails to make payment by a due date then BLAZE INDUSTRIES shall be entitled to, without prejudice to any other remedy, recover such monies pursuant to these Terms and Condition.
a) Customers shall not be entitled to withhold payment of any amount by reason of any account query, dispute or set off. TheCustomer agrees to pay BLAZE INDUSTRIES administration and handling fees incurred in the normal course or business in respect of any copies of documents required or other processing involved in the conduct of the account and such fees will be charged to the customers account.
9. If the Customer fails to make payment in accordance with Clause 8, BLAZE INDUSTRIES shall be entitled to: -
a) Require the payment of cash upon delivery of any further Goods and Services:
b) Charge any interest charge at the rate of one percent (1.00%) per month on a cumulative basis on all over due amounts (including late payments of charges amounting to the sum of any dishonor fees plus other administration related fees, other than the price, as applied by BLAZE INDUSTRIES from time to time in accordance with its internal policy) calculated on a day to day basis an any monies due but unpaid, such interest charge to be computed from the due date for payment AND the parties agree that such interest charge is not a penalty but is a true measure of damages incurred by BLAZE INDUSTRIES. Payments received from the Customer will be credited first against any interest charge and all such fees be payable forthwith:
c) Claim from the Customer all costs, expenses and charges incurred on any account whatsoever including but not limited to any action taken by BLAZE INDUSTRIES to recover monies or Goods due from the Customer including but nor limited to any mercantile agents costs and legal costs and disbursements on a solicitor-client basis:
d) Cease any further deliveries to the Customer of Goods and/or Services and to terminate any agreement in relation to Goods and Services that have not been delivered:
e) Preclude Customers having overdue accounts from participating in any special deals, discounts, bonus payments, redemptions rebates and all incentive programs until their accounts are no longer overdue.
10. Goods and Services supplied to the applicant upon credit are subject to the following payment terms:
a) Custom Fitting – Payment by 30 days net from statement date.
b) Spare Parts – Payment by 30 days net from statement date.
SPECIFICATION MAY VARY
11. BLAZE INDUSTRIES reserves the right to make any changes to the Goods found necessary due to unavailability of Goods or which BLAZE INDUSTRIE reasonably considers would improve the Goods. Specifications including (without limitation) performance, dimensions and weight are approximate only and BLAZE INDUSTRIES shall not be liable for ant error or inaccuracy in the specification provided. The Customer acknowledges that BLAZE INDUSTRIES may subcontract the performance of Services its absolute discretion.
12. The Customer shall be responsible for the cost of any delivery made ex- BLAZE INDUSTRIES premises. If BLAZE INDUSTRIES is requested to arrange for delivery beyond BLAZE INDUSTRIES premises, the Customer shall pay the delivery charges stipulated by BLAZE INDUSTRIES from time to time. BLAZE INDUSTRIES shall in all cases be entitled to choose the method of transport.
13. Any date or time quoted for delivery of Goods and Services is an estimate only and BLAZE INDUSTRIES shall endeavor to effect delivery at the time or times required by the Customer but failure to do so, including failure to deliver on time or non-delivery shall not consider any cancellation or refusal of delivery on the Customer or render BLAZE INDUSTRIES liable for any loss or directly or indirectly sustained by the Customer as a result thereof.
14. The Customer shall not be relieved of any obligation to accept or pay for Goods and Services by reason of any delay in delivery or any strike, lockout, unavailability of materials, accidents to machinery, differences with work persons, breakdowns, shortages of supplies or labour, fires, storm or tempest, delays, acts of God, restrictions or intervention imposed by any laws, regulations, government or agencies thereof and any cause beyond the control of BLAZE INDUSTRIES or any clause whatsoever.
15. BLAZE INDUSTRIES obligation to deliver shall be discharged on arrival of the Goods at the Customers nominated delivery destination, nominated transport company, nominated agent or the address appearing on the invoice. The Customer shall unload the Goods upon delivery, provided that if the Customer is unable or unwilling to accept physical delivery of the Goods when the Goods are ready for delivery, BLAZE INDUSTRIES shall be entitled to charge a fee for any delay experienced or arranged of the Goods at the sole risk and the cost of the Customer including all transportation, storage and consequential costs. BLAZE INDUSTRIES may, in its discretion, make and invoice partial deliveries and each partial delivery shall be a separate sale pursuant to theses Terms and Conditions.
16. The Customer must immediately notify BLAZE INDUSTRIES in writing if Goods or Customer’s Property is not received within seven (7) days of receipt by the Customers of BLAZE INDUSTRIES delivery advice or invoice. Unless the contractor notifies BLAZE INDUSTRIES of any shortage within five (5) days of receipt by the Customer of the Goods or Customers Property complete delivery will be deemed to have occurred.
17. If. As a result of any action or inaction of the Customer Goods or Customer’s Property is not collected or dispatched from BLAZE INDUSTRIES premises within seven (7) days after BLAZE INDUSTRIES notifies the Customer that the Goods or Customer’s Property is ready, BLAZE INDUSTRIES shall then be entitled to full payment notwithstanding any other payment terms agreed by BLAZE INDUSTRIES shall further by entitled to charge the Customer for additional costs including without limitation storage and/or transport of the Goods or Customer’s Property until such time as the Goods or the Customer Property are delivered to or collected by the Customer.
18. Acceptance by BLAZE INDUSTRIES of the Customer’s Property for repair or other treatment in New South Wales is subject to BLAZE INDUSTRIES right to dispose of or sell the Customer’s Property provided that:
a) BLAZE INDUSTRIES gives written notice of its intension to dispose of or sell the Customer’s Property within three (3) months of the written notice (including the address where the Customer’s Property can be collected):And
19. The Customer’s address for service of notices is as specified on the face of this document or in any attached or associated documents.
20. If the Customer’s Property is left with BLAZE INDUSTRIES in any other States or Territories, the Customer grants a lien over such Customer’s Property for the value of all Property to BLAZE INDUSTRIES for the value of all Goods and Services provided by BLAZE INDUSTRIES, If the Customer fails or refuses to pay the amount due to BLAZE INDUSTRIES, the Customer authorises BLAZE INDUSTRIES to sell the Customer’s Property by public auction after an interval of not less than two (2) months (or such other interval as may be prescribed by the laws of the relevant States or Territories) from the date the Customer’s Property is ready for-delivery or collection. The Customers authorises BLAZE INDUSTRIES to satisfy all amounts due to BLAZE INDUSTRIES by the Customer and the costs of storage, transport, auction and sale from the proceeds of sale.
21. The Customer shall examine the goods immediately after delivery and BLAZE INDUSTRIES shall not be liable for any claim for liability for any mis-delivery, shortage, and defect or damage unless BLAZE INDUSTRIES receives details in writing within seven (7) days of the date of delivery of the Goods.
22. Pursuant to its rights under Section 3B of the Registration of interest in Goods Amendment Act 1988 (“Act”), BLAZE INDUSTRIES claims a repairs lien on any goods of vehicles of the Customers that it holds in its possession, in the event of a non-payment pursuant to the terms of clause 8 of these Terms and Conditions acknowledges that BLAZE INDUSTRIES is a repairer pursuant to the terms of that Act.
23. In addition to the above, all Goods or Customer’s Property shall, immediately after they come into possession of BLAZE INDUSTRIES be subject to a particular and general lien and right of detention for all monies due to BLAZE INDUSTRIES by the Customer, weather in respect of such Gods, services provided or otherwise.
24. The Customer acknowledges that BLAZE INDUSTRIES acquires a Priority interest under section 73(1) of the PPSA without knowledge that the acquirer constitutes a breach of any security interest in the Goods or vehicles of that Customer and that by virtue of that section, the repairer’s lien held by BLAZE INDUSTRIES takes precedence and priority over any Goods or vehicles of the Customer.
PROPERTY AND RISK
25. Notwithstanding delivery of the Goods or their installation, properly in any given Goods shall remain with BLAZE INDUSTRIES until the Customer has paid and discharged any and all other indebtedness to BLAZE INDUSTRIES on any account whatsoever, including all applicable GST and other taxes, levies and duties. Any payment made by the application of any statutory provision shall be deemed not to discharge the Customer’s indebtedness and, in such an event the parties are to be restored to rights which each respectively would have had not been made.
26. The risk in the Goods shall pass to the Customer upon delivery to the Customer or his agent or to a transport company nominated by the Customer notwithstanding that BLAZE INDUSTRIES retains ownership until full payment. The Customer must affect and maintain insurance against all insurable risks to the Goods until such time as property passes to the Customer.
27. Receipt by BLAZE INDUSTRIES of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honored, cleared or recognized and until then BLAZE INDUSTRIES ownership of rights in respect of the Goods shall continue.
28. The Customer acknowledges that it is in possession of the Goods solely as a bailee for BLAZE INDUSTRIES until payment has been made in full to BLAZE INDUSTRIES in accordance with these Terms and Conditions and until such payment:
a) The Customer shall be fully responsible for any loss of damage to the Goods whatsoever and however caused following delivery:And
b) The Customer shall store the Goods separately from its own goods and those of any other party and in a manner that clearly identifies the Goods, weather as separately chattels or as components, as the property of BLAZE INDUSTRIES.
c) The Customer shall maintain records of Goods by BLAZE INDUSTRIES identifying them as BLAZE INDUSTRIES property, of the persons to whom the Goods are sold or disposed to and of the payments by such persons for such Goods. The Customer shall allow BLAZE INDUSTRIES to these records and the Goods themselves on request.
29. The Customer hereby irrevocably grants to BLAZE INDUSTRIES, its agents and servants, an unrestricted right and license, without notice to enter a premise occupied by the Customer to identify and remove and of the Goods that are property of BLAZE INDUSTRIES In accordance with the Terms and Conditions without in any way being liable to the Customer or any person claiming through the customer. BLAZE INDUSTRIES shall have the right to sell or dispose of any such Goods removed or otherwise in its sole discretion and shall not be liable for any loss occasioned.
30. BLAZE INDUSTRIES licenses the Customer to install the Goods. If the Customer are affixed to other materials, the totality thereof shall be the sole and exclusive property of BLAZE INDUSTRIES until payment in accordance with these Terms and Conditions has been made in full to BLAZE INDUSTRIES unless the other materials or part thereof are or is the property of a party or parties other than the Customer in which case the totally thereof shall be deemed to be owned by the tenants in common with such other party or parties in shares corresponding to the respective amounts paid or payable by the Customer in respect of such part or parties.
31. The Customer shall be at liberty to agree to sell the Goods (independently or affixed to other Materials); subject to the condition that until payment has been made in accordance with clause 8 of the Terms and Conditions, the Customer shall sell as an agent and bailee for BLAZE INDUSTRIES and that the entire proceeds from the sale be held in a separate account on trust for BLAZE INDUSTRIES. If the third party does not pay the Customer, the Customer agrees, at BLAZE INDUSTRIES option, to assign the Customer’s claim against the third party to BLAZE INDUSTRIES upon written request by BLAZE INDUSTRIES. For the purpose of giving effect to this clause, the Customer irrevocably appoints as its attorney.
32. The right to on-sell, deal or otherwise dispose of the Goods in the normal course of trade may be revoked at any time by BLAZE INDUSTRIES and shall be automatically cease if a Receiver is appointed over any of the assets or the undertaking of the Customers of if a winding up order is made against the Customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or administration or calls a meeting of, or makes an arrangement or composition with, creditors or commits any act of bankruptcy of where the Customer is in default of any of its obligations to BLAZE INDUSTRIES.
PERSONAL PROPERTY SECURITES ACT 2009("OTH")("PPSA")
33. The Customer hereby charges with payment of any indebtedness to BLAZE INDUSTRIES all legal and beneficial interests (freehold or leasehold) in land an property, other than personal property to which the Personal Property Securities Act 2009 (Oth) applies, held now or in the further by the Customer.
34. The Customer agrees that if a demand is made by BLAZE INDUSTRIES the customer receiving such a demand will immediately execute a mortgage or other instrument or security, or consent to a caveat, as required.
35. The Customer hereby irrevocably and by way of security, appoints any credit manager or solicitor engaged by BLAZE INDUSTRIES to be its true and lawful attorney to execute and register such instruments. Notwithstanding ant our-there provision in this clause and in addition thereto BLAZE INDUSTRIES may lodge a caveat noting the interest given by this charge on the site of any property of the Customer whenever it is wishes.
36. The Customer grants a Security Interest to BLAZE INDUSTRIES in all of its present and after acquired property and in all of it present and further rights in relation to any personal Property defined in the Personal Securities Act (Oth).
37. In these Terms and Conditions the terms “Security Agreement”, “Security Interest”, “Registration Commencement Time”, Personal Property Securities Register” (or “PPSR”), “Priority Interest”, “Financing Statement”, “Financing Charge Statement” have the meanings given in the PPSA.
38. The Customer acknowledges and agrees that these Terms and Conditions constitute a Security Agreement, which creates a Security Interest by virtue in all Goods and the proceeds of the sale of Goods supplied to the Customer by BLAZE INDUSTRIES to secure any payment from time to time that becomes due and payable by the Customer to BLAZE INDUSTRIES.
39. The Customer acknowledges that by agreeing to these Terms and Conditions, the Customer grants s Security Interest (by virtue of the retention of title and bailment clauses in these Terms and Conditions) to BLAZE INDUSTRIES and in all Goods supplies by BLAZE INDUSTRIES to the Customer (or Customer’s account) and these Terms and Conditions shall apply notwithstanding anything express or implied to the contrary contained in the Customer’s purchase order. The Customer additionally agrees that BLAZE INDUSTRIES can without notice to the Customer seek Registration of its Security Interest as a Purchase Money Security on the PPSR and under the PPSR.
40. The Customer acknowledges, agrees and undertakes:
a) To sign any further documents and/or provide any further information (which information the Customer warrants to be complete, accurate and up-to-date in all which BLAZE INDUSTRIES may reasonably require to enable perfection of its Security Interest or Registration of a Financing Statement or Financing Change Statement on the PPSR or anything also required by BLAZE INDUSTRIES to ensure that BLAZE INDUSTRIES’s Purchase Monies Security is a perfect security interest.
b) To not register a Financing Change Statement as defined in section 10 of the PPSA or make a demand to alter the Financing Statement pursuant to section 178 the PPSA in respect of the Goods without prior written consent of BLAZE INDUSTRIES;
c) To give BLAZE INDUSTRIES not less than 14 days written notice of any proposed change in the Customer’s name and/or any other changes in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, email address, trading name or business practice);
d) To pay all costs incurred by BLAZE INDUSTRIES in the Registration and maintenance of its Finance Statement to enable Registration of its Security Inter (including registering a Finance Charge Statement) on the PPSR: and such costs-
i. Shall not exceed the regulated cost for registering or maintaining (updating) a Security Interest, as amended from time to time and/or enforcing or attempting to enforce the Security Interest created by this Security Agreement including but not limited to executing subordinate agreements; And
ii. May be debated by BLAZE INDUSTRIES against the Customers account.
e) Pursuant to section 157 of the PPSA, unless otherwise agreed in writing by BLAZE INDUSTRIES, to waive the right to receive the Variation Statement relating to the Security Interest:
f) To immediately on request by BLAZE INDUSTRIES procure from any person considered by BLAZE INDUSTRIES to be Relevant to its security position, such agreement and waivers as BLAZE INDUSTRIES may at any time require:
g) To release and hold harmless BLAZE INDUSTRIES from any liability whatsoever in the event of any dispute between BLAZE INDUSTRIES and the Customer as to weather any interest registered on the PPSR constitutes a valid Security Interest.
h) To identify BLAZE INDUSTRIES from ant costs reasonable incurred by the Customer in amending or withdrawing any Security Interest by BLAZE INDUSTRIES over the Goods, even if the registration has occurred through error or mistake on behalf of BLAZE INDUSTRIES.
i) Not to permit anything to be done that may result in the Purchase Money Security Interest granted to BLAZE INDUSTRIES ranking in priority behind any oth Security Interest.
j) That nothing in sections 125, 132(3)(d), 132(4), 135, 142 or 143 of the PPSR will apply to any agreement between BLAZE INDUSTRIES and the Customer, or the security under this agreement. To waive its rights to do any of the following or to receive any of the following notices or for BLAZE INDUSTRIES to carry out the following obligations under the following provisions of the PPSR.
i. Receive notice of removal of an accession under section 95:
ii. Receive notice of a decision under paragraph 117(2)(b), to enforce the security interest in the personal property in their same way as interest in the land may enforced under land law section 118.
iii. Receive notice of any action to be taken in accordance with subsection 120(2) under section 121(4):
iv. Receive notice of intention to seize collateral under section123:
v. Receive notice of disposal of collateral under section130:
vi. Receive a statement of account if there is disposal of collateral under section 132(3)(d):
vii.Receive every six (6) months statements of account until there is a disposal of collateral under section 132(4):
viii.Receive notice of retention of collateral under section 135:
ix. The Customer and BLAZE INDUSTRIES also contract out each other provisions of Part 4.3 of the PPSA, under sections 115(7) and 116(2), but only to the extent that the provisions imposes obligations on BLAZE INDUSTRIES.
x. The Customer and BLAZE INDUSTRIES agree that neither the Customer nor BLAZE INDUSTRIES will disclose information of any kind mentioned in section 275 (1) to any persons other than to BLAZE INDUSTRIES’s related parties, stakeholders, advisors, financiers or bankers.
41. This chapter on Trust applies if the Customer is a trustee and weather or not BLAZE INDUSTRIES has notice of the trust:
42. Where the Customer comprises two or more persons and any of those persons is a trustee this chapter applies to such trustee.
43. The Customer agrees that even though the Customer hereby enters into an agreement with BLAZE INDUSTRIES as of the trust, the Customer shall also be liable personally for the performance and observance of every covenant to be observed and performed by the Customer expressed or implied in these Terms and Conditions.
44. The Customer warrants it’s complete, valid and unfetters power to enter into this agreement with BLAZE INDUSTRIES.
45. The Customer covenants that the rights of indemnity which it mat have against the property of the trust have not been, and in the further will not be, excluded, modified, released, lost or diminished (weather by agreement breach of trust or otherwise).
46. The Customer shall not without BLAZE INDUSTRIES’s prior written consent:
a) Resign or by removed as a trustee of the trust or appoint or allow the appointment of a new or additional trustee of the trust:
b) Amend or revoke any of the terms of the trust;
c) Vest or distribute the property of the trust or advance or distribute any capital if the trust to a beneficiary or resettle any of the property of the trust;
d) Permit a beneficiary to have the use, occupation, employment or possession of the property in the trust:
e) Do or permit to do any act or thing in breach of the trust which would permit the trustee to be removed as trustee of the Trust;
f) Exercise or permit to be exercised a power to change the vesting date of the trust or provide for an early determination of The trust:
g) Lend any money, give any guarantee or incur ant debt other than the ordinary coarse of business of the trust; or
h) Pay any of the income of the trust to any beneficiary of the trust if such payment will prejudice or affect the Customer’s ability to pay all monies due to BLAZE INDUSTRIES.
47. Goods supplied by BLAZE INDUSTRIES are subject only to the then applicable manufacturers written warranty (if any) And, except to the extent prohibit by law, all other warranties with respect to Goods are hereby excluded.
48. In the case of services, which comprise the supply of labour and Goods;
a) The Goods component is subject only to the then applicable manufacturer’s written warranty (if any) and, except to the extent prohibited by law, all other warranties are hereby excluded;
b) The labour component is warranted by BLAZE INDUSTRIES to be free from defects for the same duration and subject to the same Terms and Conditions as the then applicable manufacturer’s written warranty applying to the Goods (if any).
49. In the case of Services performed on BLAZE INDUSTRIES behalf by a subcontractor, those Services are subject only to there then applicable subcontractor’s warranty (if any) and, except to the extent prohibited by law, all other warranties with respect to those Services are hereby excluded.
50. In the case of Services which comprise the supply of labour only, the Services are warranted to be free from defects for a period of six (6) months from the date of completion of the Services and except to the extent prohibited by lax, all other warranties with respect to Services are herby excluded, This warranty is unconditional upon the following:
a) The Customer providing BLAZE INDUSTRIES with written notice of any claim pursuant to the warranty within the warranty period:
b) Delivery at the Customer’s expense of the components to BLAZE INDUSTRIES at an address nominated by BLAZE INDUSTRIES: and
c) BLAZE INDUSTRIES being satisfied that the Services supplied by BLAZE INDUSTRIES were defective. If you are a “consumer” (as that term is defined in the Completion & Consumer Act 2010 (Oth) then;
i. The benefits conferred by the warranty set out in this clause 50 are in addition to other rights and remedies of the consumer under a law in relation to the services to which the warranty relates; and
ii. Our Services come with guarantees that cannot be excluded under Australian Law. If you are a consumer (as the term is defined in the Completion & Consumer Act 2010(Oth) then further to the requirements set out above, any claim under the terms of the warranty set out in this cause 50 must be made by the Customer at its own cost by contacting BLAZE INDUSTRIES or an BLAZE INDUSTRIES branch. A list of all BLAZE INDUSTRIES branches and their addresses may be found at www.blazeindustries.com
LIMITATION OF LIABILITY
51. These Terms and Conditions do not exclude, restrict or modify the application of any provisions of any Commonwealth, State or Territorial Law, which by law can be excluded, restricted or modified.
52. Sale to non-Consumers;In the case of Goods supplied by BLAZE INDUSTRIES to a Customer that is not a “consumer” (as defined in the Completion and Consumer Act 2010 (Oth) as amended from time to time (“the act”), if the Goods do not correspond with the description of them on the invoice or are defective, then provided that the Goods are preserved intact and made available for inspection by a representative of BLAZE INDUSTRIES and returned to BLAZE INDUSTRIES in the same order and condition as that in which they were delivered, BLAZE INDUSTRIES’s liability shall be limited at BLAZE INDUSTRIES option to replace those Goods or reimburse the Customer for the amount of the purchase price paid for them, but any claim in this respect must be made in writing within seven 97) days of the date of delivery of those Goods.
53. Sales to Consumers;In the case of Goods supplied by INDUSTRIES to a customer that is a “consumer” (as that term is defined in the Act), to the extent that the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability of BLAZE INDUSTRIES to the Customer for breach of any consumer guarantee given in respect of the Goods under the Act (other than a guarantee under sections51, 52, or 53 of the Australian Consumer Law) shall in all cases be limited at the option of BLAZE INDUSTRIES to any one or more of following;
a) The replacement of Goods or supply of equivent Goods;
b) The repair of the Goods
c) The payment for the reasonable cost of replacing the Goods or of acquiring equivalent Goods; or
d) The payment of the reasonable cost of having the Goods repaired.
54. Services to Non-Consumers;BLAZE INDUSTRIES liability in connection with the supply of Services to a person who is not a “consumer” (as that term is Defined in the Act) shall be limited to:
a) The supply of the Services again; or
b) The payment of the costs of having the Services supplied again; at BLAZE INDUSTRIES sole discretion.
55. Services to Non-Consumers;In the case of services supplied by BLAZE INDUSTRIES to a Customer who is a “consumer” (as that term is defined in the Act), to the extent that the Services supplied are not of a kind ordinarily acquired for personnel, domestic or household use or consumption, the liability of BLAZE INDUSTRIES to the Customer for breach of any consumer guarantee given in respect of the Services under the Act shall in all cases be limited, at the option of BLAZE INDUSTRIES, to any one or more of the following; supplying the service again; or the payment of having the Services supplied again.
56. Subject to the Act and these Terms and Conditions, the Customer agrees that;
a) It has not relied on any inducement, representation or statement made by or on behalf of BLAZE INDUSTRIES in purchasing the Goods or Services; and
b) These Terms and Conditions set out the entire liability of BLAZE INDUSTRIES in respect of its liability under the Act or otherwise in respect of liabilities to consumer for a breach of a condition, warranty or guarantee with respect to the sale of the Goods or Services.
c) Notwithstanding any other provision herein and to the maximum extent permitted by law, BLAZE INDUSTRIES total aggregate liability in respect of any claim by the Customer or a third party in connection with these Terms and Conditions shall be limited as follows:
i. In respect of damage to property, BLAZE INDUSTRIES’s liability shall be limited to 100% of the value of the relevant Goods And/or Services;
ii. In respect of special indirect or consequential loss, clause 56(d) applies:
iii. In respect of any other damages that are not indirect, special or consequential, BLAZE INDUSTRIES’s liability shall be limited to a maximum of 10% of the value of the relevant Goods and/or Services.
d) BLAZE INDUSTRIES is not liable for indirect, special or consequential loss or damage (including but not limited to loss of profit, loss of revenue, loss of expected savings, opportunity costs, loss of business, loss of reputation and business interruption) weather arising in contact, tort (including negligence), under any satiate or otherwise arising from or related in any way to these Term and Conditions of their subject matter. To the extent any claim or demand brought against BLAZE INDUSTRIES by any third party exceeds the liability set forth in these Terms and Conditions the Consumer shall indemnify, defend and hold harness BLAZE INDUSTRIES from and against such claim and demand. The Customer shall be obliged to advise BLAZE INDUSTRIES in writing and without delay of any damage or loss to be Bourne by BLAZE INDUSTRIES, or to have such damage or loss assessed by BLAZE INDUSTRIES. The exclusion of liability under this clause shall be to the maximum extent permitted by law. Any dealer or third party that performs a repair job for a BLAZE INDUSTRIES account Customer that is a “Non-warranty Repair” must secure a direct method of payment from the Customer for the repair.
57. The Customer acknowledges that the Customer having taken all the necessary steps to ensure that no loose items are able to damage that property, e.g. windscreens or any other part of the Customers equipment when raising and lowering the vehicles cabin, presents any property.
58. The Customers accepts responsibility for any damages that may occur in this way.
59. BLAZE INDUSTRIES shall not be liable for any failure or delay in the supply or delivery of the Goods or Services such a failure or delay is wholly or partly due to cause of circumstance whatsoever outside the reasonable control of BLAZE INDUSTRIES including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire act of God, breakdowns of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots civil commendations or accidents of any kind.
60. If the Customer fails to comply with any of these Terms an Conditions or being a natural person or persons commits any act of bankruptcy, of being a corporation passes a resolution for winding up or liquidation (other than for the purpose of reorganization or reconstruction) or administrated or enters into any composition or arrangement with creditors of if a receiver or manager or administrator or controller is appointed for any property or assets of the Customer or becomes liable to be wound up by reason of insolvency or if a petition is presented for its winding up, of if a liquidator or provisional liquidator or administrator is appointed, BLAZE INDUSTRIES may, in addition to exercising all or any of its rights against the Customer, suspend any further deliveries and immediately recover possessions of any Goods not paid for in accordance with those Terms and Conditions.
61. Other than set out in these Terms and Conditions, BLAZE INDUSTRIES shall not be liable to accept any returned Goods but in its absolute discretion accept the return of Goods, provided that such Goods shall only be accepted for return with the prior written approval of a duly authorised representative of BLAZE INDUSTRIES. Goods returned for credit pursuant to this clause will be subject to a handling and administration charge equivalent to 15% of the invoiced value of the returned Goods. For all Goods summited for return, all freight and other related expenses are the responsibility of the Customer, Goods, which are specially sourced within Australia and/or overseas, are non-returnable. The return must be submitted for approval within fourteen (14) days of the invoice date and once approved you will provided with a Return Authority Number (“RAN”) this number must be displayed along with all relevant invoice numbers must accompany all Goods submitted for return.
62. The Customer agrees to these Terms and Conditions shall be construed according the laws of the State or Territory as BLAZE INDUSTRIES may in its sole discretion determine Proceedings by either BLAZE INDUSTRIES or the Customer may be instituted and/or continued in such State or Territory as BLAZE INDUSTRIES may in sole discretion determine. Failing such determination the Customer consents to any proceedings being instituted and heard by the appropriate Court sitting in the State of New South Wales applying the laws of the State of New South Wales.
63. The Customer agrees that service of any notices or Court documents may be affected by forwarding it by prepaid post or facsimile to the last known address of the Customer.
STATEMENT OF DEPT
64. A certificate signed by a Director, Secretary, Finance Controller or Credit Manager of BLAZE INDUSTRIES shall be prima facie evidence of the amount of indubitableness of the Customer to BLAZE INDUSTRIES.
65. By entering into this contract the Customer authorizes BLAZE INDUSTRIES to hold and use the information the Customer provides to it, in any document including without limitation the Customer’s application for credit with BLAZE INDUSTRIES and during the term of the contract. To;
a) Manage the Customer’s account with BLAZE INDUSTRIES including to send the Customer statements and invoices and collection purposes;
b) Obtain credit information about the Customer from Credit referees and credit reference agencies; disclose credit information to credit reference agencies or other persons seeking credit references. The credit information is collected to assist BLAZE INDUSTRIES to ascertain the Customer’s credit Failure to provide the requested information may result in credit being refused;
c) Provide the Customer with information about BLAZE INDUSTRIES products and any special offers BLAZE INDUSTRIES believe may be of interest to the Customer, unless the Customer advises BLAZE INDUSTRIES otherwise; and
d) Transfer Customer’s information to related or associated companies and other entitles that assist BLAZE INDUSTRIES to provide Customer’s with Goods and Services including subcontractors.