Voltex - Eldhose Test

'Contract' means these standard trading terms and conditions of sale (which applies to each and every Quotation and/or Order) and includes any Quotation and Order.
'Customer' means the entity to which Voltex Electrical enters into a Contract for the sale of Goods.
'Force Majeure Event' means an event or cause beyond the control of a party, including an act of God, lightning, storm, flood, earthquake, fire, explosion, war, terrorism, pandemic or epidemic, government direction or order, expropriation, prohibition, intervention, direction or embargo.
'Goods' means the goods described in the Quotation or Order and includes replacement goods.
'Order' means a written or verbal order provided by the Customer to Voltex Electrical.
'Quotation' means a written or verbal quotation provided by Voltex Electrical to the Customer.
'Voltex Electrical' means the Australian company Voltex Holdings Pty Ltd (ACN 633 504 131) and its subsidiaries Voltex Electrical Accessories Pty Ltd (ABN 81 097 390 933) and Voltex Electrical Ltd (NZBN 4314138) which supply the Customer from time to time.
'Voltex Share' means a feature provided as a way to interact with other Voltex Electrical users.

Voltex Electrical will provide a Quotation to the Customer.
If the Quotation is accepted by the Customer, the Customer will submit an Order.
Voltex Electrical reserves the right to accept an Order in whole or in part.
Once Voltex Electrical has accepted an Order, the Order for Goods will be binding upon Voltex Electrical and the Customer may not alter or modify the Order without the prior consent of Voltex Electrical.
Voltex Electrical may, in its absolute discretion, accept the return of a Good by written notice to the Customer, in exchange for a full refund or a credit. Voltex Electrical may, in its absolute discretion, charge a reasonable re-stocking fee for all returned Goods.

All prices contained in the Quotation and Order will be exclusive of GST.
Prices will be in Australian dollars or New Zealand dollars, depending on the office which the Customer submits the Order.
Voltex Electrical may amend its prices upon 30 days' prior written notice to the Customer.
All invoices must be settled in the same currency as set out in the Order.

For Australian Customers, unless otherwise agreed in writing, the payment due date is strictly 30 days from the end of the month in which the Order is accepted by Voltex Electrical.
For New Zealand Customers, unless otherwise agreed in writing, the payment due date is strictly 20th of month following invoice in which the Order is accepted by Voltex Electrical.
The Customer will be in default if the Customer does not pay a duly issued Invoice on or before the date which it becomes due and payable. Voltex Electrical reserves the right to report a Customer's delinquent account to a credit reporting agency should payment remain outstanding for more than 30 days.
The Customer authorises Voltex Electrical to engage in the exchange of information with a credit reporting agency, a trade referee, or other such third parties as are necessary to obtain a report, containing personal credit information about the Customer and any additional information required by Voltex Electrical.
Voltex Electrical may exchange information about the Customer with those trade referees name in the application form for a trading account or named in a consumer credit report issued by reporting agency to:
1. assess the Customer's application;
2. notify other credit providers of a default by the Customer;
3. exchange other information with other credit providers as to the status of the trading account, if the Customer is in default with other credit providers; and
4. assess the credit worthiness of the Customer.
Voltex Electrical may refer any outstanding account for debt collection or issue legal proceedings to recover any outstanding invoices. Should an account be referred, the Customer acknowledges and agrees it will be required to pay debt collection charges. The Customer will also be liable for any interest and all legal costs associated with such recovery, on a solicitor and own Customer or indemnity cost basis.

Delivery of the Goods will be made to the Customer's nominated address. The Customer must make all arrangements necessary to accept delivery (within usual business hours) of the Goods on the delivery date notified by Voltex Electrical.
The failure of Voltex Electrical to deliver will not entitle the Customer to treat this Contract as terminated or not pay for the Goods in full.
Subject to e) below, delivery will be free in store (FIS) Australia wide for all Orders over AUD$150.00 (GST exclusive). A nominal market rate freight charge will apply to all Orders under AUD$150.00 (GST exclusive).
Subject to e) below, delivery will be free in store (FIS) New Zealand wide for all Orders over NZD$150.00 (GST exclusive). A nominal market rate freight charge will apply to all Orders under NZD$150.00 (GST exclusive).
The Customer will be liable to pay additional delivery charges if a delivery date is required outside of usual delivery times.
Risk in respect of the Goods will pass to the Customer, on delivery in accordance with clause (a) above.

All Goods remain the property of Voltex Electrical until the Customer has paid for the Goods in full.
If the Goods are on-sold by the Customer before payment is made to Voltex Electrical, the proceeds of the sale will become the property of Voltex Electrical.
If the Goods are not paid for in accordance with these Terms, Voltex Electrical may give notice in writing to the Customer to immediately return the Goods or any part of them to Voltex Electrical.
The Customer grants an irrevocable right to Voltex Electrical to enter the Customer's premises without notice, at any time to take possession of the Goods if:
1. the Customer does not pay for the Goods in full, in accordance with this Contract;
2. the Customer fails to return the unpaid Goods upon demand;
3. a trustee in bankruptcy, administrator, or receiver and manager is appointed to the Customer;
4. winding-up proceedings in relation to the Customer are commencing; or
5. the Customer becomes insolvent or bankrupt (as applicable).

The Customer will inspect the Goods on delivery and will within seven days of delivery and notify Voltex Electrical in writing of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the Order. If the Customer fails to comply with these provisions, the Goods will be deemed to be free from any defect or damage and payment will be owing under this Contract without set off.
The Customer must allow Voltex Electrical the opportunity to inspect the Goods within a reasonable time of delivery, if the Customer notifies Voltex Electrical that it believes the Goods are defective in any way.
The Customer may only reject the Goods if Voltex Electrical agrees in writing that the Goods are defective.
The Goods must have a corresponding invoice number quoted:
1. freight charges incurred for the return of the Goods being returned is at the expense of the Customer. Unless otherwise agreed; and
2. Voltex Electrical's liability is limited to (at its discretion):
  1. refunding the price of the Goods;
  2. replacing the Goods; or
  3. repairing the Goods.

The liability of Voltex Electrical to the Customer in the event of any breach of this Contract by the Customer or other cause of action in respect of the Goods, will not exceed the price of the Goods ordered in the preceding 12 month period to the date of the breach.
To the extent permitted by law, neither party will have any liability whatsoever for any indirect losses, expenses, damages and costs sustained or incurred by the other party arising out of or in connection with the supply of the Goods or these terms.
Voltex Electrial's liability under this Contract will be reduced to the extent that the Customer caused or contributed to the claims or loss.
It is the responsibility of the Customer to ensure the Goods will be suitable for the application proposed by the Customer.
Each provision of this Contract which provides a limitation of liability, disclaimer of warranty, condition or exclusion of damages, is separate and independent.

Voltex Electrical provides a warranty for the Goods for the period stated on the Goods packaging or in the document accompanying the Goods, commencing from the date of delivery of the Goods. Voltex Electrical may vary or amend the terms of its Warranty that will apply to Goods sold from the date of that variation or amendment.
If Voltex Electrical is notified of a warranty claim by the Customer within the Warranty Period Voltex Electrical will, in its sole discretion, determine whether the Goods are to be repaired, replaced or if a refund should be issued.
The Customer is not entitled to make a warranty claim if the Goods were or may have been (in the opinion of Voltex Electrical):
1. not installed by a qualified and licensed electrical tradesperson;
2. subjected to misuse, neglect, negligence, or accidental damage;
3. operated in any way contrary to any operating or maintenance instructions;
4. improperly handled, installed or maintained;
5. altered or modified prior to or after installation; or
6. installed in anyway other than for its intended purpose described or implied in information provided by Voltex.
Voltex Electrical may, in its sole discretion, pay any reasonable costs that the Customer has incurred as a result of faulty Goods supplied to the customer by Voltex.
The warranty to any person under this clause are in addition to the persons rights under Australian Consumer Law.

To make a Warranty Claim, the Customer must:
1. contact Voltex Electrical to obtain a Returned Merchandise Authorisation (RMA) Number;
2. return the Goods together with all accessories, instructions and other material supplied with the Goods; and
3. supply the following information with the returned goods:
  1. customer contact details;
  2. the Returned Merchandise Authorisation (RMA) Number for the Goods; and
  3. a detailed description of the defect or fault
Voltex Electrical will examine the returned Goods and if Voltex Electrical (in its discretion) determines that the Goods are defective, Voltex Electrical will repair, replace or refund the Customer for the defective the Goods in accordance with the Warranty.
If the Goods are determined as being defective, Voltex Electrical may reimburse the Customer for the costs associated with the returning of the defective Goods and for redelivery of the replacement Goods by Voltex Electrical (if applicable).

The Customer acknowledges and agrees that:
1. Voltex Electrical, may depending on the Goods purchased by the Customer, either be the manufacturer of the Goods or act as a supplier of Goods manufactured by a third party.
2. Voltex Electrical does not make any representations or warranties in relation to the Goods;
3. it does not rely on the skill and judgment of Voltex Electrical in relation to the suitability of any of the Goods for a particular purpose or application for which the Goods are required by the Purchaser; and
4. Voltex Electrical is under no liability whatsoever if such Goods are not suitable and fit.
Nothing in this clause limits or excludes any rights or remedies that the Customer may have under the Australian Consumer Law or any other applicable law. Voltex Electrical makes no additional representations or warranties regarding the Goods beyond those required by law, except as expressly stated in writing.

For Australian Customers, please refer to the Voltex Electrical privacy policy available on Voltex Electrical's Australian website https://www.voltexelectrical.com.au/t-privacy.aspx.

For New Zealand Customers, please refer to the NZ Voltex Electrical privacy policy available on Voltex Electrical's New Zealand based website https://voltexelectrical.co.nz/t-privacy.aspx.

Unless the context otherwise requires, defined terms in this clause have the same meaning as given to them in the Personal Property Securities Act 2009 (Cth) (PPSA).
The Customer acknowledges and agrees that, by accepting this Contract, the Customer grants Voltex Electrical a security interest over the Goods and their proceeds (by virtue of the retention of title as set out above).
The Customer undertakes to:
1. do all acts and provide Voltex Electrical on request all information Voltex Electrical requires to register a financing statement or financing change statement on the Personal Property Securities Register;
2. advise Voltex Electrical immediately in writing of any proposed change in the Customer name or other details on the Personal Property Securities Register; and
3. in the instance where Goods are sold or sub-hired to a third party, take all steps including registration under the PPSA as may be required to:
  1. ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPSA;
  2. enabling you to gain (subject always to the rights of use) first priority (or any other priority agreed to by us in writing) for the security interest; and
  3. enabling us and you to exercise their respective rights in connection with the security interest.
The Customer:
1. waives its right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest; and
2. waives its rights and, with our agreement, contract out of your rights under sections 95, 118, 121(4), 123(2), 125, 128, 129(2), 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA (if applicable).

If Voltex Electrical is prevented from providing the Goods as a result of a Force Majeure Event the obligations Voltex Electrical under this Contract will be suspended for the period of the Force Majeure Event. In the event of a Force Majeure Event occurring Voltex Electrical will as soon as practical in the circumstances, notify the Customer in writing of:
1. the nature of the Force Majeure Event; and
2. the extent to which Voltex Electrical is prevented from providing the Goods
If the Force Majeure Event continues for a period of two months from the date of the notice issued by Voltex Electrical in (a) above and Voltex Electrical has taken all reasonable steps to eliminate the Force Majeure Event, Voltex Electrical may without penalty, agree with the Customer to cancel or amend an Order affected by the Force Majeure Event.

If a dispute arises between Customers using Voltex Share, the Customer acknowledges and agrees to release Voltex Electrical from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

The Customer acknowledges and agrees to only interact with other Customers in relation to Voltex products while using Voltex Share. The Customer agrees to be responsible for all representations and information submitted and any consequences that may result from the Customer's posts, offers, chats or otherwise communicated via Voltex Share.
Voltex Electrical reserve the right, at its discretion, to remove content that is deemed inappropriate, including but not limited to the following:
1. Any threatening, abusive, defamatory, obscene, or indecent language; and
2. False or misleading information.
Voltex Electrical also reserves the right, at its discretion, to restrict a Customer's use of the Voltex Share either temporarily or permanently in the event the Customer is or may be in breach of the terms of use.
The Customer agrees not to do any of the following:
1. Violate any laws, including the Competition and Consumer Act 2010 (Cth);
2. Make false or misleading statements;
3. Distribute or send communications that contain spam, chain letters, or pyramid schemes;
4. Distribute viruses or any other technologies that may harm Voltex Electrical, the Voltex Share or the interests or property of other Customers;
5. Copy, modify, store or distribute any other Voltex Share Customer's content without their consent;
6. Collect content for any purpose without Voltex Electrical's or other Customer's prior written permission;
7. Harvest or otherwise collect information about other Customers shared within the Voltex Share, without their consent;
8. Bypass measures used to prevent or restrict access to the Voltex Share; and
9. Submit a request, offer or chat, with the intention to profit from a natural disaster, health or public safety concern, or tragic event.
The Customer releases Voltex Electrical from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with a dispute between Customers using Voltex Share, in respect of any payment transacted (or failed to be transacted) outside of the Voltex Share app.
To the extent permitted by applicable law, Voltex Electrical will not be liable, and the Customer agrees not to hold Voltex Electrical liable, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
1. the content provided (directly or indirectly) with the use of the Voltex Share;
2. use of or inability to use the Voltex Share;
3. delays or disruptions in the Voltex Share;
4. viruses or other malicious software obtained by accessing or linking to the Voltex Share;
5. glitches, bugs, errors, or inaccuracies of any kind in the Voltex Share;
6. damage to the Customer's hardware device from the use of the Voltex Share;
7. the content, actions, or inactions of third parties, including Voltex products offered using the Voltex Share; or
8. a suspension or other action taken with respect to the Customer's account for breach of the use of the Voltex Share.
The Customer acknowledges and agrees that Voltex Electrical:
1. is in no way responsible for the acts or omissions of any Customer or user of Voltex Share; and
2. does not guarantee the accuracy, quality, safety, or legality of representations nor information provided by a Customer on Voltex Share.

Service of any notice or other communication under this Contract must be in writing and sent to the relevant address set out in the front page of the Order. Any such notice will be deemed to have been received 5 business days after dispatch if sent by mail, or the next business day if delivered by hand or email.
This Contract is to be construed in accordance with the laws from time to time in the State of New South Wales. The parties submit to the non-exclusive jurisdiction of the Courts of New South Wales and any courts which may hear appeals from those courts in respect to any proceedings in connection with this Contract.
This Contract may be varied from time to time by Voltex Electrical on 30 days' notice.
Any conditions found to be void, unenforceable or illegal may, to that extent, be severed from this Contract and the remaining provisions or parts of the provisions of this Contract continues in force.
No waiver of any of this Contract by Voltex Electrical or failure to exercise a right or remedy or failure to insist upon strict performance by the Customer of this Contract will be considered to imply or constitute a further waiver by Voltex Electrical of the same or any other term, condition, right or remedy, on any subsequent occasion, and will not discharge the Customer from any of its obligations under this Contract.