Terms & Condition
LEDsafe Pty Ltd: Terms and Conditions for the sale of equipment or services
“Contract” means the Quote or Invoice and these Terms and Conditions.
“Force Majeure” means any cause outside the control of the party affected, including any event defined as an event of Force Majeure in a contract between the affected party and any other party the occurrence of which prevents the affected party from performing its obligations under this Contract.
“Goods” means the goods described in the Quote or Invoice.
“GST” means GST imposed by the GST law, applicable from time to time, as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 or a successor Act.
“Manufacturer” means the manufacturer of the Goods.
“Purchaser,” means the Party to whom a Quote or Invoice is addressed.
“Quote” means a quote or offer provided by LEDsafe .
“Site” means the delivery address set out in the Quote.
“Services” means the service described in the Quote.
These Terms and Conditions form part of any Quote in which they are referred to or to which they are attached.
2. ENTIRE AGREEMENT
4. RISK AND TITLE IN THE GOODS
5. SECURITY INTEREST
(a) receive any notices the Purchaser would otherwise be entitled to receive under ss 95,118, 121, 130, 132 or 135
(b) apply to a Court for an order concerning the removal of an accession under section 97
(c) object to a proposal of the Purchaser to purchase or retain any collateral under ss 130 and 135
(d) receive a copy of a verification statement confirming registration of a financing statement, or a financing change statement, relating to any security interest LEDsafe may have in Goods supplied to the Purchaser from time to time.
6. EXCLUSION OF IMPLIED TERMS
7. LIMITATION OF LIABILITY UNDER AUSTRALIAN CONSUMER LAW GUARANTEES
(a) replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) equivalent goods; or
(e) the payment of the cost of having the goods repaired.
To the extent that Services supplied by LEDsafe are services other than services of a kind ordinarily acquired for personal, domestic or household use or consumption, LEDsafe’s liability for failure to comply with a consumer guarantee that the Purchaser may have the benefit of is limited to, at the option of LEDsafe:
(a) the supply of the Services again; or
(b) the payment of the cost of having the Services supplied again.
12. COMMONWEALTH AND STATE LEGISLATION
13. FORCE MAJEURE
(a) is in breach of any of the terms of this Contract; or
(b) has become insolvent, or bankrupt or has had an administrator, receiver or liquidator appointed;
then LEDsafe may at its option terminate the Contract without notice. Require the Purchaser to return the Goods or any part thereof by notice in writing. Retain any part of the Goods not yet delivered or do any combination of these things. Any affected Goods may be retained or resold by LEDsafe and sold at a price determined by LEDsafe with any difference in price remaining with the purchaser as debt owed to LEDsafe. LEDsafe’s rights under clause 4.4 shall apply.
16. NO ASSIGNMENT
17. GOVERNING LAW
(a) must be in writing;
(b) must be marked for the attention of the person described in the Quote; and
(c) must be left at the address of the addressee, or sent by prepaid ordinary post (airmail if posted to or from a place outside Australia) to the address of the addressee or sent by facsimile to the facsimile number of the addressee which is specified in the Quote or if the addressee notifies another address or facsimile number then to that address or facsimile number.
21. GREEN ENERGY RIGHTS (Including Energy Savings Certificates)
“Green Energy Rights” means all rights, benefits, credits or certificates of any kind which derive from the sale of the Goods or the provision of the Services including but not limited to all Greenhouse Gas Reduction Credits.
“Greenhouse Gas” means any of the following gases; carbon dioxide, nitrous oxide, methane, sulphur hexafluoride, perfluorocarbons and hydrofluorocarbons.
“Reduction Credits means any benefits or credits of any kind (including any emission reduction unit) which arise or are created under any regulatory regime or
licensing requirements including any rights relating to demand side abatement which arise or are capable of being created as a result of the sale of the Goods or the provision of the Service.