Terms & Conditions

The Business agrees to sell the Goods and the Customer agrees to pay for the Goods on the terms and conditions in these Terms.

1. Quote

1.1 The Price quoted by the Business for the Goods is:

(1) subject to withdrawal or alteration prior to the Business accepting the Customer's order;

(2) based on information and/or instructions supplied by the Customer, recorded in the Quote/Order Form and any revision of such information or instructions will allow the Business to vary the Price;

(3) does not include Additional Charges; and

(4) for the Goods described in the Quote/Order Form only.

2. Goods and Services Tax

2.1 The Price is inclusive of GST unless expressly indicated otherwise.

2.2 The Business must provide a tax invoice but does not warrant that the Customer is entitled to claim an input tax credit.

3. Placement of Orders

3.1 The Business may decline to accept a Customer's order for any reason.

3.2 Where an order:

(1) necessitates special materials, quantities or qualities; or

(2) is changed by a Customer after the Business has ordered the Goods; the Customer must pay the Additional Charges (if any).

3.3 The Customer must pay:

(1) the Deposit (if any) on placing the order; and

(2) the balance of the Price and Additional Charges (if any) on or before collection of the Goods by the Customer or its agent but no later than 7 days after the Delivery Date.

4. Storage and Collection

4.1 The Business may notify the Customer of the Delivery Date. Until the Delivery Date, any delivery time made known to the Customer is an estimate only and under no circumstances will the Business be liable for any loss, damage or delay occasioned to the Customer or anybody else arising from late or non-delivery of the Goods.

4.2 The Business will hold the Goods for 14 days after the Delivery Date and thereafter the Business may:

(1) store the Goods in a place it selects and charge the Customer Additional Charges; and/or

(2) dispose of the Goods and the Customer must pay to the Business by the way of liquidated damages, the difference between the Price and the amount realized (if any) on disposal of the Goods.

4.3 Subject to clause 17, the Customer must arrange collection, additional packing (if required by the Customer's, or its agent's, method of transport) and transport of the Goods.

4.4 Time is not of the essence of these Terms, except for the Customer's obligation to pay the Price and/or the Additional Charges.

5. Cash on Delivery

5.1 The Customer must pay the Price in cash or, if accepted by the Business, by another payment method on collection of the Goods, unless the Customer has a current Trading Account and the Price does not exceed the Credit Limit.

5.2 If a cheque, or credit card payment, provided by the Customer is dishonoured, the Customer must pay in addition to the Price, the Penalty Interest and Additional Charges.

5.3 For Customers with a Trading Account, Payment of all products should be made in full within 30 days from the end of month delivery is made.

6. Risk and Lien

6.1 Risk of the Goods passes to the Customer upon collection of the Goods by the Customer or its agent from the Business' premises. The Business is not responsible for any loss or damage to the Goods from when the Goods are collected or transported, including loading of the Goods for transport, at the Business' premises.

6.2 The Business reserves, and the Customer grants to the Business, the following rights in relation to the Goods until all moneys owing by the Customer to the Business have been paid in full:

(1) to retain possession of the Goods or any part of the Goods;

(2) to exercise a lien over the Goods;

(3) to suspend or cancel the Customer's Trading Account;

(4) legal ownership of the Goods or any part of the Goods;

(5) without notice and at any time, enter the Customer's premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and/or

(6) to keep or resell the Goods or any part of them that are repossessed.

6.3 The Customer consents to the Business perfecting its interest in the Goods by registration under the PPSA and agrees to do anything reasonably required by the Business.

6.4 The Customer charges all of the Customer's property, both real and personal, wheresoever situated, (including the Goods) with all money from time to time payable to the Business by the Customer and the Customer irrevocably appoints the directors and business manager of the Business from time to time, and each of them severally, as lawful attorney of the Customer to do anything and execute any instrument or other document to further secure the payment of any amounts of money payable by the Customer to the Business, including signing a consent to a caveat being lodged by the Business over the Customer's property.

6.5 The Customer transfers its right, title and interest in the Goods to the Business if the Customer does not pay the Price and/or Additional Charges relating to the Goods within 7 days of the Delivery Date.

6.6 The Customer is not authorised and has no right to sell the Goods, other than in the ordinary course of the Customer's Business until the Goods have been paid for including the Price and if applicable, the Additional Charges.

6.7 Upon taking possession of the Goods, the Customer must store the Goods in such a way that the Goods are not mixed with any other Goods and the Goods are readily identifiable as the property of the Business.

7. Reliance on Customer

7.1 The Customer acknowledges that in selling the Goods to the Customer, the Business has relied on the information and instructions provided by the Customer in the Quote/Order Form, including any design or colour scheme.

7.2 The Customer must, before placing an order, ensure that the details in the Quote/Order Form are correct, and the Goods are suitable for the purpose of the Customer.

8. Faulty Goods and Disputes

8.1 The Customer must inspect the Goods within 48 hours of receipt and if the Customer alleges the Goods are defective, damaged or are not in accordance with the Quote/Order Form ("the Damaged Goods"), the Customer must notify the Business in writing within 96 hours of receipt.

8.2 Except as provided in these Terms, or by documentation signed by the Business, all express and implied warranties, guarantees and conditions under statute or general law relating to the Goods or otherwise are hereby expressly excluded and the Business is not liable for physical or financial injury, loss or damage or for the consequential loss or damage of any kind arising out of supply or operation of the Goods or in any way whatsoever.

8.3 Where applicable law prohibits the exclusion of damages or implies a warranty which by law cannot be excluded, the entire liability of the Business:

(1) where the Customer is a consumer, as defined in the Competition and Consumer Act 2010 ("CCA"), is limited to the extent permitted by section 64A of Schedule 2; and/or

(2) where the Customer is not a consumer, is limited to any warranty to which the Seller is entitled, but is otherwise negated absolutely.

8.4 The Business will not be liable for any defect or damage to the Goods which is caused, partly caused, by or as a result of:

(1) fair wear and tear;

(2) failure to properly transport, use, maintain or store the Goods; and/or

(3) use of the Goods for any purpose:

(a) other than for which the Goods were designed;

(b) after the defect or damage was actually or reasonably apparent;

(c) contrary to the recommendation of the Business; and/or

(d) not disclosed to the Business.

8.5 The liability of the Business is limited (to the full extent permitted by law) to the lesser of:

(1) resupply of the Goods; or

(2) the amount paid by the Customer to the Business for the Goods.

9. Interest and Charges

9.1 The Customer must pay interest to the Business on all moneys not paid when due (together with all legal costs on a full indemnity basis together with all other costs and expenses incurred by the Business in recovering such moneys, or any attempt, such as fees paid to commercial agents and debt collectors) at the rate of 15% per annum on monthly rests from the Delivery Date to the date of receipt of full payment by the Business.

10. Waiver and Time

10.1 Waiver of any time, provision or condition, whether by conduct or otherwise in any one or more instances by the Business, shall not be construed as a further or continuing waiver or any other time, provision or condition.

10.2 The contract constituted by these Terms is deemed to have been entered into and have been made at Bundaberg in the State of Queensland, and the law of Queensland applies to these Terms.

10.3 The Customer and the Business submit to the exclusive jurisdiction of the Courts of Queensland.

11. Disputes

11.1 If the Customer disputes the whole or any part of an invoice, the Customer must, within forty-eight (48) hours of the issue of the invoice:

(1) notify the Business in writing of the amount in dispute and the reason for such amount being in dispute; and

(2) pay to the Business the amount which is not in dispute; otherwise the Customer will be deemed to acknowledge and accept the invoice is correct and the Customer will be obliged to pay the invoice.

11.2 The amount of any disputed invoice shall, where the dispute is determined in favour of the Business, be regarded as due for payment upon issue of the invoice that was disputed.

12. Variation of these Terms

12.1 The Business may vary these Terms, from time to time, and will provide the Customer with the replacement Terms. By placing an order, the Customer will be deemed to accept the replacement Terms.

12.2 These Terms are to the exclusion of any terms and conditions submitted by the Customer, whether printed on or sent with an order form or otherwise.

13. Construction

13.1 Parties Bound Jointly and Individually If two or more persons are named as a party, any covenant or agreement made by or on behalf of that party binds them jointly and each of them individually.

13.2 Severability If anything in these Terms is unenforceable, illegal or void, then it is severed and the rest of these Terms remain in force.

13.3 Whole Agreement These Terms (together with the relevant Quote/Order Form) comprise the whole agreement between the parties.

13.4 Notices Any notice or demand given by one party to the other may be served in the manner provided in section 347 of the Property Law Act 1974 (Qld)

14. Definitions

14.1 In these Terms:

(1) "Additional Charges" means the amounts to be paid by the Customer to the Business in addition to the Price for the Goods, at the rate quoted or published by the Business or if not quoted or published, at the rate usually charged by the Business or at the rate charged to the Business (but in any event, a reasonable amount) including, but not limited to the following events:

(a) storage of the Goods after the Delivery Date;

(b) variations to orders after the Business has ordered materials or Goods; and

(c) any other fees or charges incurred by the Business not incorporated in the Price. The Additional Charges rates will be published on the notice board at the Business' premises and/or on the Business' website www.iqssolutions.com.au;

(2) "claim" includes any claim, complaint or legal action;

(3) "Credit Limit" means the maximum credit approved by the Business for the Customer;

(4) "Customer" means the customer named in the Application for Trading Account and/or the Quote/Order Form;

(5) "Delivery Date" means the date that the Business notifies the Customer the Goods are ready for collection;

(6) "Deposit" means the deposit stated in the Quote/Order Form;

(7) "Goods" means the goods or items described in the Quote/Order Form;

(8) "order" means an order for the purchase of Goods made by the Customer to the Business in accordance with these Terms;

(9) "Penalty Interest" means the interest payable under these Terms;

(10) "PPSA" means the Personal Property Securities Act 2009;

(11) "PPSR" means the register set up under the PPSA;

(12) "Price" means the price for the Goods as quoted by the Business, but does not include Additional Charges; and

(13) "Trading Account" means the credit arrangement approved by the Business for the Customer (if any).

(14) "The Business" means 'The Hiscock Family Trust' trading as iQS Solutions.

14.2 Statutory Provisions These Terms are subject to the provisions of the Competition and Consumer Act 1020 (Cth) any amendment or re-enactment of that Act for the time being in force and any other relevant and applicable provision of State and/or Commonwealth legislation.

15. Orders

15.1 Any order placed by the Customer for Goods is deemed to incorporate these Terms.

16. Delivery of Goods

16.1 If the Business agrees to arrange for the transport of the Goods to the Customer, all costs of transport will be for the Customer's account. Goods transported by the Business will be on behalf of and at the risk of the Customer and the Business is under no obligation to insure the Goods while in transit.

17. Compliance and Fitness of Goods

17.1 It is the Customer's responsibility to comply with all laws and requirements of any regulatory authority applicable to the Customer's business, in particular the Privacy Act 1988 (Cth) and all those laws and regulatory requirements relating to the environment, health, safety, storage, handling and sale of goods and formulation and sale of any blends using any Goods supplied by the Business under these Terms.

17.2 The Customer must comply with any processes, material safety data sheets (or similar documents) instructions or reasonable directions of the Business issued in connection with the Goods.

17.3 The Customer must not use or re-sell the Goods for use in an application or purpose other than those applications or purposes for which the Business recommends the Goods, as set out in the Business' sales and promotional material and material safety data sheets (or similar documents).

17.4 The Customer acknowledges that it alone is responsible for determining the fitness of the Goods for the purpose in which the end-user intends to use them.

18. Indemnity

18.1 The Customer must indemnify, and keep indemnified, the Business and each of its officers, employees and agents (for each of whom the Business holds the benefit of this indemnity upon trust) against any loss which any such person may incur or be subjected to in respect of or arising from:

(1) the negligence, wrongful act or omission, breach of statutory duty or willful default of the Customer or its officers, employees, agents or contractors;

(2) any injury to or death of any person or any damage to or loss of property connected with the conduct, operations or performance of the business of the Customer;

(3) misuse of Goods by the Customer;

(4) warranties or representations made by the Customer in relation to the Goods; or

(5) any breach of these Terms by the Customer.

19. Change to Control

19.1 The Customer must promptly notify the Business in writing of any change to the management, control or ownership of the Customer.