Terms & conditions of trade for services - COMM 36

Sample extract:

1. THE CUSTOMER MUST:-

• Make payment of deposits and/or payments of the Contract Price on the agreed terms.

• Pay interest at 2% per annum above the rate fixed by the Penalty Interest Rates Act of 1983 on all overdue payments until date of payment.

• Pay the Contract Price in Australian dollars, free of exchange and without deduction of any kind.

• Accept this Contract at the same time it engages the Company.

• Be responsible for all additional costs and expenses and sign job variation orders authorising such costs and expenses.

• Accept this Contract for themselves as well as for all other parties on whose behalf they are acting.

• Be bound by and warrant the accuracy of all descriptions, values and other particulars furnished to the Company for customs, and other purposes, and to indemnify the Company against all losses.

• Pay for any duty, tax (including GST), impost or outlays of whatsoever nature levied in connection with the Services.

• Be solely responsible for and indemnify the Company against:-

- any loss or damage caused by the Services;

- all claims whatsoever for injury to person or property caused by or in connection with the Services.

• Accept all risk and responsibility for the performance of the Services being sufficient and suitable for its purpose.

• Insure the Services against damage.

• Accept that completion dates are given in good faith by the Company having regard to known conditions at time of quoting and that the Company is not liable for damages or penalties arising from delays in the provision of the Services.

• Limit the liability of the Company, whatsoever and howsoever arising and unless otherwise expressly excluded under these conditions, to a sum equivalent to the costs of replacing the Materials required for the Services out of which the claim or liability arises.

• Acknowledge that the information referred to in this Contract may be used to:

- access an application by the Customer for credit;

- assist the Customer to avoid defaulting on their credit obligations; and/ or

- notify other credit providers of any default by the Customer.

• Upon the termination of this Contract promptly return to the Company or otherwise dispose of as the Company may instruct all samples, patterns, instruction books, technical pamphlets, catalogues, advertising material, specifications and other materials, documents and papers whatsoever sent to the Customer and relating to the business of the Company;

• Acknowledge that documentation, specifications, reports, data or information including the software and the Services in respect of which the Company claims proprietary rights and which is confidential and a trade secret remains the property of the Company (?the intellectual property?);

2 THE CUSTOMER MUST NOT:-

• Withhold payment of any amount due to the Company on account of any claim against the Company whether admitted or disputed.

• Deny a signature of any employee, agent or carrier utilised or employed by the Customer.

• Claim for faulty Services unless in writing and made within seven days of the date of completion of the Services.

• Assign, transfer, charge or in any manner make over or purport to assign, transfer, charge or make over this Contract or its rights thereunder or any part thereof unless approved in writing by the Company;

• Either during the continuance of the Services or at any time thereafter use or disclose to any person any confidential information of or relating to the Company;

• Circulate, distribute or disclose any intellectual property.

3 THE COMPANY MUST:-

Be paid all brokerages, commissions, allowances and other remuneration