Terms and Conditions of Trade:
- In case of any variation between downloadable PDF version and the website content below, the PDF version shall be governing.
- For New Zealand sales please refer to NZ Terms and Conditions of Sale
ACTIVATED CARBON TECHNOLOGIES PTY LTD (“ACT”)/span>
TERMS & CONDITIONS OF TRADE
1 Terms & Conditions
a) the PPSA;
b) any regulations issued from time to time pursuant to the PPSA;
c) any amendment to the PPSA or regulations made from time to time.
3 Payment Terms
4 Retention of Title
5 Guarantee & Charge
5.1 The Guarantor hereby guarantees to ACT the due payment of all moneys and performance of all conditions by the Customer. In the event of a default by the Customer ACT may at its sole discretion seek recovery of moneys due to it and performance of obligations due by the Customer without having to first exercise any remedies against the Customer, require and enforce payment of moneys and performance of obligations by the Guarantor.
5.2 The Guarantor hereby irrevocably charges any freehold property owned by him or her in favour of ACT in order to secure the performance of the obligations of the Guarantor and the Guarantor acknowledges that ACT may register a Caveat over such freehold property pursuant to this charge.
5.3 In consideration of ACT contracting with the customer the guarantors guarantee the performance by the customer of all of the cutomer’s obligations under the contract and indemnify ACT against any cost or loss whatsoever arising as a result of the default by the customer in performing its obligations under this contract for whatever reason. ACT may seek to recover any loss from the guarantor before seeking recovery from the customer and any settlement or compromise with the customer will not release the guarantor from the obligation to pay any balance that may be owing to the ACT. This guarantee is binding on the guarantors their executors, administrators and assigns and the benefit of the guarantee is available to any assignee of the benefit of this contract by the ACT.
(b) Section 121(4) (Enforcement of Liquid Assets – Notice to Grantor);
6.3 The Customer grants to ACT a registerable security interest as defined in the PPSA and agrees and acknowledges that ACT may from time to time register such security interest, and the cost of registration will be a cost to be borne by the Customer. The Customer will not permit any other party to register a security interest in respect to the Goods.
7 Delivery of Goods
8 Risk in Goods
The risk in the Goods vests in the Customer upon acceptance of an order and from the point of dispatch from the premises of the ACT. In particular the Customer carries the risk of the Goods whilst the Goods are in transit. The Customer will insure the Goods for full replacement value from time to time until the Goods have been paid for in full and ownership vests in the Customer.
9 Force Majeure
ACT is not responsible for any delay in delivery of Goods or for any defect in Goods that arises out of an event beyond its reasonable control including, but not limited to, delay in delivery or supply of goods as a result of any strike, lock-out or other labour difficulty, delay in supply of goods to ACT from its wholesaler or otherwise. In the event of such an event of force majeure ACT may at its sole discretion elect to delay delivery of the Goods or to cancel the order in part or in its entirety. The Customer shall have no claim arising from late delivery and no entitlement to cancel the order.
To the extent permitted by law the Customer releases ACT in respect to any defect in respect to the Goods or for any loss or damage arising out of any defect in the Goods or delay in delivery or installation. In any event where ACT is liable for any defect or delay, its liability shall be strictly limited to the cost of replacement and/or redelivery of the Goods.
In the event of any conflict between these terms and conditions and any purchase order of other terms and conditions provided by the Customer, then these terms and conditions will prevail in all aspects.
12 Dispute Resolution
13 Claim for Credit