Terms and Conditions- GC Line Marking
1. Definitions 1.1 “Supplier” shall mean Gill Developments Pty Ltd trading as Gold Coast Linemarking Pty Ltd ACN 657 846 896 as trustee for GCL Group, its successors and assigns or any persons acting on behalf of and with the authority of Gill Developments Pty Ltd trading as Gold Coast Linemarking.
1.2 “Customer” shall mean any individuals or number of individuals, or any corporate entity (or any person acting on behalf of or with the authority of any person or entity defined as a Customer) as described on any quotation, work authorisation or other form as provided by the supplier to the Customer and as agreed to by the Customer in writing.
1.3 “Guarantor” means any individual or individuals or corporate entity that agrees to be liable for the debts of the Customer, as if they were incurring the debts themselves.
1.4 “Gold Coast Linemarking” means Gold Coast Linemarking Pty Ltd ACN 657 846 896 as trustee for GCL Group.
1.5 “Goods” shall mean the Goods supplied by the Supplier to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Supplier to the Customer and agreed upon by the Customer in writing.
1.6 “Services” shall mean all Services supplied by the Supplier to the Customer and including any advice or recommendations (and where the context so permits shall include any supply of Goods as defined at 1.4 above).
1.7 “Price” shall mean price payable for the Goods as agreed between the Supplier and the Customer and the Price will be inclusive of GST and Delivery charges.
2. Acceptance 2.1 Any instructions received by the Supplier from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Supplier shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payment of the Price.
2.3 Upon acceptance of these terms and conditions by the Customer, the terms and conditions are binding and can only be amended with written consent of the Supplier.
2.4 The Customer shall give the Supplier not less than seven (7) days prior written notice of any proposed change of ownership of the Customer or an change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice) The Customer shall be liable for any loss incurred by the Supplier as a result of the Customer’s failure to comply with this clause.
- 3. Price and Payment 3.1 At the Supplier’s sole discretion, the Price shall be either: (a) as indicated on Invoices provided by the Supplier to the Customer in respect of Goods supplied; or
- (b) the Supplier’s quoted Price which shall be binding upon the Supplier, provided that the Customer shall accept the Supplier’s quotation in writing within thirty (30) days
- 3.2 The Supplier reserves the right to change the Price in the event of a variation of the Supplier’s quotation.
- 3.3 At the Supplier’s sole discretion, a deposit may be required.
- 3.4 At the Supplier’s sole discretion: (a) payment shall be due on delivery of the Goods; or
- (b) payment for approved Customers shall be made by instalments in accordance with the Supplier’s payment schedule; or
- (c) payment for approved Customer’s shall be due thirty (30) days following the end of the month in which a statement is posted to the Customer’s address or address for notices.
- 3.5 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated, then payment shall be due fourteen (14) days following the date of the invoice.
- 3.6 Payment will be made by cash, cheque, bank cheque, direct credit, or any other method agreed to between the Customer and the Supplier.
- 3.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly added to the Price.
4. Customer Risk 4.1 Measures, illustrations, performance capabilities, application suitability information and other data supplied by Gold Coast Linemarking are statements of opinion and are provided for information only. Clients should satisfy themselves as to the suitability or otherwise of any products or application methods suggested.
5. Warranty 5.1 Subject to the conditions of warranty set out herein, the Supplier warrants that if any defect in any workmanship of the Supplier becomes apparent and is reported to the Supplier within twelve (12) months of the date of delivery (time being of the essence) the Supplier will either (at the Supplier’s sole discretion) replace or remedy the workmanship.
- 5.2 The conditions applicable to the warranty given by are: (a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through: • failure on the part of the Customer to properly maintain the goods; or
- • failure on the part of the Customer to follow any instructions or guidelines provided by the Supplier; or
- • any use of any Goods otherwise than for any application specified on a quote or order form; or
- • the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
- • fair wear and tear, any accident or act or God.
- (b) the warranty shall cease, and the Supplier shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered, or overhauled.
- 5.3 in respect of all claims the Supplier shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim. To protect the Supplier’s security interest in the Goods until payment has been fully received, the Supplier may choose to register the agreement between the Supplier and the Customer under the Personal Property Securities Act 2009, you agree to do all things necessary and sign all documents to facilitate such registration.
6. Title 6.1 To protect the Supplier’s security interest in the Goods until payment has been fully received, the Supplier may choose to register the agreement between the Supplier and the Customer under the Personal Property Securities Act 2009, you agree to do all things necessary and sign all documents to facilitate such registration.
7. Default & Consequences of Default 7.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement.
7.2 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in pursuing the debt, including legal costs on a solicitor and own client basis and the Supplier’s collection agency costs.
7.3 Without prejudice to any other remedies the Supplier may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Supplier may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. The Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier has exercised its rights under this clause.
7.4 If any account remains overdue after thirty (30) days, then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
7.5 Without prejudice to the Supplier’s other remedies at law, the Supplier shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that:
7.6 any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Customer will be unable to meet its payments as they fall due; or
7.7 the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors or makes an assignment for the benefit of its creditors; or
7.8 a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
8. Security and Charge 8.1 Despite anything to the contrary contained herein or any other rights which the Supplier may have howsoever:
(a) Where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty, or any other asset to the Supplier or the Supplier’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that the Supplier (or the Supplier’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) Should the Supplier elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) The Customer and/or Guarantor (if any) agree to irrevocable nominate, constitute, and appoint the Supplier or the Supplier’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.
9. Privacy Act 1988 9.1 The Customer and/or Guarantor/s agree for the Supplier to obtain from a credit reporting agency a credit report containing personal credit information about the Customer and/or Guarantor/s in relation to credit provided by the Supplier.
- 9.2 The Customer and/or the Guarantor/s agree that the Supplier may exchange information about the Customer and the Guarantor/s with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes: (a) to assess an application by Customer; and/or
- (b) to notify other credit providers of a default by the Customer; and/or
- (c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
- (d) to assess the credit worthiness of the Customer and/or Guarantor/s
- 9.3 The Customer consents to the Supplier being given a consumer credit report to collect overdue payment on commercial credit pursuant to the Privacy Act 1988.
- 9.4 The Customer agrees that personal credit information provided may be used and retained by the Supplier for the following purposes and for other purposes as shall be agreed between the Customer and Supplier or required by law from time to time:
- (a) provision of Goods; and/or
- (b) marketing of Goods by the Supplier, its agents, or distributors in relation to the Goods; and/or
- (c) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Goods; and/or
- (d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
- (e) enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods. 9.5 The Supplier may give information about the Customer to a credit reporting agency for the following purposes: (a) to obtain a consumer credit report about the Customer; and/or
- (b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
10. Competition and Consumer Act 2010 10.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provision of the Competition and Consumer Act 2010.
11 Intellectual Property 11.1 Where the Supplier has designed, drawn or written Services for the Customer, then the copyright in those designs and drawings and documents shall remain vested in the Supplier, and shall only be used by the Customer at the Supplier’s discretion.
11.2 The Customer warrants that all designs or instructions to the Supplier will not cause the Supplier to infringe any patent, registered design, or trademark in the execution of the Customer’s order and the Customer agrees to indemnify the Supplier against any action taken by a third party against the Supplier in respect of any such infringement.
12. General 12.1 As we have had no involvement with the laying of the surface, we are painting, different surfaces have different compositions. Whilst we will always endeavour to ensure our applications last as long as possible, you acknowledge and indemnify us should the surface be the cause of any issues with the product applied.
12.2 Whilst we will make every endeavor to have a clean surface to paint, it is your obligation to provide a clean surface free from contaminants to paint.
12.3 The Supplier shall not be liable for any direct or indirect costs, loss, damages, expenses, loss of profits, loss of production or consequential loss relating to damage to property or injury or loss to any person or company due to any cause whatsoever, except to the extent that the Supplier caused the damage, injury or loss by an act of negligence.
12.4 There is no implied slip resistance of painted surfaces: it is the responsibility of the Customer to keep the painted area clean and dry after painting.
12.5 Any clerical error or omission in any sales literature, quotation, price list, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.
12.6 Measures, illustrations, performance capabilities, application suitability information and other data supplied by the Supplier are statements of opinion and are provided for information only. Customers should satisfy themselves as to the suitability or otherwise of any products or application methods suggested.
12.7 The Supplier reserves the right to review these terms and conditions at any time. If, following any such review there is to be a change to these terms and conditions, then that change will take effect from the date on which the Supplier notifies the Customer of such change.
12.8 Neither party shall be liable for any default due to any act of God, war terrorism, strike, lock-out, industrial action, fire, flood, drought, storm, or other event beyond the reasonable control of either party.
12.9 The failure by the Supplier to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s right to subsequently enforce that provision.
12.10 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
12.11 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.
12.12 The Supplier shall be under no liability whatsoever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Supplier of these terms and conditions.
12.13 In the event of any breach of this contract by the Supplier, the remedied of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
12.14 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Supplier.
12.15 You agree by entering into this quote that the Supplier may either licence or sub-contract all or any part of its rights and obligations to you as Customer, contained within this agreement to any third party.