1. ACCEPTANCE OF TERMS: The Buyer may accept these Terms in writing or by any conduct. Without limiting this clause’s effect, the Buyer is taken to accept these Terms by conduct if the Buyer: (a) accepts delivery of goods from PowerPak; or (b) orders goods from PowerPak (whether in writing, by online order or e-mail, or verbally including by telephone).
2. PRICING AND DESCRIPTION OF GOODS: All prices for goods published or quoted by PowerPak are in Australian dollars exclusive of GST, and are subject to alteration without notice. All brands, types or styles of goods published for sale by PowerPak are indicative only, and may be replaced by an equal or better product. All published dimensions are nominal only.
3. 5% PRICE BEAT: PowerPak will beat by 5% any price lower than the price for any good published in PowerPak’s Buyers Guide if: (a) the Buyer provides a current written quote or invoice displaying the lower price; (b) the quote or invoice is dated no more than six months prior to current date; (c) the good quoted or invoiced is of the same brand, type and quality as a good stocked and advertised by PowerPak; (d) if the Buyer is eligible for free delivery – the quote or invoice includes delivery costs. This offer excludes reseller, clearance or contract pricing. PowerPak reserves the right not to accept any offer to purchase.
4. HANDLING FEES: The Buyer must pay PowerPak’s current handling fees for orders below $150 excluding GST.
5. PAYMENT TERMS: The Buyer must pay the purchase price for the goods on or before delivery of the goods to the Buyer. The Buyer must discharge any accounts agreed in writing within 30 days from the end of the month of invoice. The Buyer must pay to PowerPak interest of 3% per month (calculated and accruing daily) on all monies outstanding beyond terms agreed by PowerPak.
6. RETURNS, REPLACEMENTS AND CREDITS: Custom packaging and machinery is not returnable. PowerPak will credit the Buyer for, or replace, goods returned on PowerPak’s prior approval if: (a) the Buyer obtains a return number from PowerPak; (b) the goods are returned in their original condition and packaging, and in full package quantities; (c) a copy of the corresponding tax invoice is supplied with the goods; (d) the Buyer bears all freight charges incurred in returning the goods (unless agreed otherwise). A 15% restocking fee will be applied to all returned goods. Any credit granted by PowerPak to the Buyer will expire and become unredeemable twelve (12) months after the date of the grant.
7. CLAIMS: PowerPak may ignore any claim for supply shortages or delivery discrepancies not notified to PowerPak within seven (7) days of delivery. PowerPak may ignore any claim for replacement of goods supplied if: (a) PowerPak is not permitted to inspect the goods on request; (b) the goods were free of faults, defects and damage on supply; or (c) there is reasonable evidence that the goods were damaged after supply by misuse or unreasonable use.
8. SECURITY: All goods sold or supplied to the Buyer remain the property of PowerPak until all debts owed by the Buyer to PowerPak whatsoever are paid in full. The Buyer grants to PowerPak a charge over the Buyer’s current and future tangible personal property, to secure the performance of the Buyer’s current and future obligations to PowerPak. PowerPak reserves all rights and remedies available on the Buyer’s default on these Terms (including, without limitation, the right to seize and dispose of or retain goods).
9. BUYER’S LIABILITY: The Buyer is fully responsible and liable for all of PowerPak’s goods in the Buyer’s possession, and must maintain those goods in the condition as received. Clauses 3 and 4 apply even if the Buyer goes into bankruptcy, liquidation or receivership, or changes ownership. The Directors of the Buyer (being a company) are personally, jointly and severally liable to PowerPak for the Buyer’s failure to pay any account by the date due.
10. DEBT COLLECTION FEES: The Buyer is liable for any debt collection service fees incurred in respect of any outstanding and overdue debts that the Buyer owes to PowerPak.
11. PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”):
11.1 (Registration) PowerPak may refuse to sell or supply goods to the Buyer until the Buyer provides all details and data needed to register a “financing statement” or “financing change statement” under the PPSA with respect to any security interest the subject of these Terms.
11.2 (Application of payments) If the Buyer makes any payment to PowerPak, PowerPak may apply the payment to satisfy any obligation of the Buyer to PowerPak (whether unsecured, secured by security interest, or secured by purchase money security interest). PowerPak may: (a) apply the payment in any order or manner that it (in its absolute discretion) thinks fit; and (b) amend or re-apply any application made.
11.3 (exclusions) Sections 95, 121(4), 125, 130, 132(3)(d), 132(4), and 135 of the PPSA are excluded and contracted out of to the full extent permitted by section 115 of the PPSA. The Buyer waives the right under PPSA section 157 to receive a notice in relation to registration events which relate to collateral described in the registration as commercial property.
12. SEVERABILITY: If a clause or part of a clause in these Terms and Conditions is illegal, unenforceable or invalid, that clause or part is excluded from these Terms and Conditions without affecting the remaining Terms and Conditions.