In these terms and conditions:
you / your means the person acquiring goods or services from us.
we / us / our means Whites Diesels Australia Pty Ltd ABN 12 102 504 487.
1. By submitting an order to receive goods or services from us, you agree to be bound by these terms and conditions.
2. We may change these terms and conditions at any time. Each time you submit an order to receive goods or services from us you agree to be bound by the latest version of these terms and conditions as available on this website.
3. We are not under any obligation to accept an order from you and may decline any order for goods and services (wholly or partially) at any time prior to delivery.
4. A notice under these terms and conditions must be in writing and signed by the sender and delivered to the recipient’s contact details as notified to the sender by the recipient.
5. We will issue you a tax invoice for all goods and/or services which you order from us. The tax invoice will specify price and payment terms for the goods and/or services which you order from us and you agree that those payment terms form part of these terms and conditions.
6. The amount payable for a supply in connection with these terms and conditions (including a price or consideration to be provided) is exclusive of GST, unless these terms and conditions or our tax invoice for the supply expressly states to the contrary.
7. Where our tax invoice does not expressly state that the amount payable for such a supply is inclusive of GST, if GST is imposed on or for that supply, the recipient of the taxable supply must pay to the supplier an additional amount equal to the GST payable.
8. We may agree to supply goods or services to you on credit. If we do, you agree to pay for such goods or services in full within the payment period specified on your tax invoice.
9. If you fail to pay us for goods and services within the payment period specified on a tax invoice, we may:
(a) suspend credit extended to you and the balance of your account with us will immediately become due and payable;
(b) withhold the delivery of any goods and services ordered from us;
(c) charge interest on the overdue amount at the overdraft rate payable by us at the time plus 2% calculated daily until payment has been made in full; or
(d) charge costs (on a solicitor and own client basis) of any attempt made by us or on our behalf to recover monies for goods and services from you or to secure any indebtedness or liability to us.
10. We reserve the right at all times to suspend credit extended to you where you have failed to meet the monthly spend amount set by us.
11. We reserve the right at all times to suspend the supply of any goods or services to you without reason and to refuse to supply you with goods or services on credit.
12. You must immediately notify us if any of the following events occur:
(a) you change your address;
(b) if you are a body corporate, there is a change in control in the body corporate;
(c) you propose to sell your business;
(d) any court or other proceedings are issued against you or any of your directors (if applicable); or
(e) any judgment or other order is obtained against you or any of your directors (if applicable).
13. We will endeavour to deliver goods and services to you within the time agreed or specified for delivery (if any) on your tax invoice, but we do not guarantee on time delivery and take no responsibility for any loss or damage suffered by you in connection with any delays in delivery.
14. If you wish to dispute any charges appearing on a tax invoice you must do so in writing within seven days of receipt of the tax invoice. You must pay for all the other charges appearing on the tax invoice pending an investigation into the disputed charges.
15. You have seven days from the date of delivery of goods and/or receipt of services from us within which to notify us in writing of any alleged claim for failure to comply with the order specifications / requirements, whether due to shortfall, defect, incorrect delivery or otherwise. Should you fail to provide such notice within this time we shall be deemed to have complied with your order in all respects including delivery, quantity and quality.
16. Risk in any goods supplied by us to you passes from the time of despatch of the goods for delivery and you are responsible for insuring the goods during transit.
17. We retain the title in any goods we supply to you until we have received payment in full for the goods. Pending full payment for goods, you must store and maintain the goods in good condition and in a way which clearly indicates our title to the goods.
18. You grant to us a security interest in respect of all goods supplied by us to you from time to time under these terms and conditions, to secure the payment of all monies owing by you to us for the goods and/or the return of the goods in the event you are in breach of your obligations under these terms and conditions.
19. We may, at your expense, apply for any registration, or give any notification, in connection with the security interest given under these terms and conditions. This includes registration under the Personal Property Securities Act 2009 (Cth) for whatever collateral class we think fit. You consent to such registration or notification and agree not to make an amendment demand.
20. Any provision of the Personal Property Securities Act 2009 (Cth) that may be lawfully excluded by agreement of the parties and which:
(a) requires the giving of notice to a grantor of a security interest;
(b) prescribes the form of such a notice;
(c) confers rights on the grantor; or
(d) limits the rights of the secured party,
does not apply in connection with the security interest given under these terms and conditions.
21. If you resell the goods before they are paid for in full, you must account to us for the proceeds of that sale, and, in the interim you will hold those proceeds as a trustee for us.
22. We may deliver ordered goods to you in separate instalments and separately invoice for such instalments. You must pay the instalment amounts as billed and your failure to pay for an instalment when due shall excuse us from having to make any further deliveries in connection with your order.
23. Subject to clauses 24 to 27, we provide a warranty for goods supplied to you against any defects in their manufacture or supply for the warranty period below, from the date of delivery of the goods. To the maximum extent permitted by law:
(a) this warranty only applies if we are satisfied upon examination that the goods have been correctly installed and used and properly and regularly maintained only by qualified personnel;
(b) normal wear and tear is excluded from this warranty;
(c) unless we specify otherwise on a tax invoice for the goods, the warranty period is 12 months for new goods;
(d) the defective goods must be returned to us at your expense within the warranty period;
(e) we reserve the right to limit the terms of this warranty in respect of specific goods by specifying the terms of the warranty on the tax invoice for the goods; and
(f) this warranty is not transferable and enures for your benefit only.
24. No warranty is given by us in relation to used, reconditioned or rebuilt parts.
25. Subject to clause 27, we are not liable for any loss or damage in connection with the provision of goods or services under these terms and conditions. For the purpose of this clause 25, “loss or damage” includes normal loss which any person in your situation might suffer (including direct costs, charges or expenses (including full indemnity legal costs)) and consequential loss (including indirect costs, charges or expenses (including full indemnity legal costs), damages or compensation, lost profits, lost revenue, lost opportunity costs, lost data, loss of management time, loss of goodwill or reputation, public liability and failure to realise anticipated savings).
26. Clause 25 applies regardless of the form of loss or damage, whether arising under statute or in contract or tort, or otherwise, and however caused.
27. However, clause 25 does not apply to exclude liability for breach of any term (including a guarantee or warranty relating to the provision of goods or services) that is implied into these terms and conditions by any legislation to the extent that that legislation voids or prohibits a term of a contract that purports to exclude, restrict or modify the application of the implied term. Our liability for breach of any such implied term is therefore only excluded to the extent permitted by the relevant legislation. Where our liability for breach of such an implied term cannot be excluded, it is nevertheless limited, to the extent permitted by the relevant legislation. For example, our liability for breach of any term implied in relation to these terms and conditions and that cannot be excluded, restricted or modified is limited (to the extent permitted by law), in the case of any goods or services supplied in connection with these terms and conditions, to:
(a) the resupply of the services;
(b) the cost of having the services resupplied;
(c) the replacement of the goods or the supply of equivalent goods;
(d) the repair of the goods;
(e) the cost of replacing the goods or acquiring equivalent goods; or
(f) the cost of having the goods repaired,
in each case at our option.
28. Each party is under a duty to mitigate any loss it suffers or incurs as a result of any breach of these terms and conditions by the other party.
29. In order to obtain a credit for goods returned, you must:
(a) obtain our prior written approval for the return of any goods;
(b) include a copy of the original invoice when returning the goods; and
(c) pay all expenses associated with the return of the goods.
30. Credit will be given:
(a) in full, for goods returned within 7 days from the invoice date.
(b) subject to a minimum 10% restocking fee, for goods returned between 7 and 14 days from the invoice date.
(c) subject to a 20% restocking fee, for goods returned between 14 and 30 days from the invoice date.
31. Higher re-stocking fees may apply at our discretion.
32. We are not required to provide a credit refund under any of the following circumstances:
(a) goods are damaged or used;
(b) goods have not been stored, used or handled in accordance with our instructions or any legislative requirements;
(c) goods have been altered in any way;
(d) goods are second hand;
(e) packaging of the goods is not in a clean and re-saleable condition;
(f) goods have been specifically ordered at your request; or
(g) goods have been returned after 30 days from the invoice date.
34. These terms and conditions are governed by the laws of Queensland, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.
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Adelaide, South Australia
70 Wingfield Road, Wingfield SA 5013
81 Kempster Street, Sandgate QLD 4017
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2/18 Expansion Street, Molendinar QLD 4214
1/39A Scammel Street, Campbellfield VIC 3061
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64B Old Maitland Road, Hexham NSW 2322
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19 Memorial Avenue, Ingleburn NSW 2565
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