Hi-Tech Terms & Conditions

These terms and conditions apply and are binding on the Customer in relation to any supply of Goods or Services made by Hi-Tech and any purchase made by the Customer from Hi-Tech and apply to the exclusion of all other terms and conditions or representations.

 

“Contract” means these terms and conditions together with a Quote and QAF (if any).  “Customer” means any company, person or other body which orders or requests either itself or through an agent the supply of Goods or Services from Hi-Tech. “Goods” means all goods supplied or to be supplied by Hi-Tech to the Customer from time to time. “GST” means goods and services tax. “Hi-Tech” means Hi-Tech Trust trading as Hi-Tech Enviro Solutions.  “Price” means the cost of supplying the Goods or Services by Hi-Tech to the Customer and will at all times be exclusive of GST. “QAF” means the quote acceptance form signed by the Customer acknowledging acceptance of a Quote. “Quote” means any quotation provided in writing by Hi-Tech to the Customer in accordance with these terms and conditions. “Services” means the services provided or to be provided by Hi-Tech to the Customer from time to time.

 

1. QUOTES

Any Quote given by Hi-Tech is to be regarded as an offer only. Hi-Tech may withdraw the Quote prior to acceptance and the Quote shall lapse if acceptance is not received by Hi-Tech within 30 days of the date of the Quote.  

 

2. QUOTED PR  ICE

Unless otherwise stated, any Price quoted by Hi-Tech is based on present day of cost of materials, labour, plant and services, rates of exchange, insurance, freight, duty, landing and delivery charges and taxation. Should there be any variation in such costs before the signed QAF is returned to Hi-Tech then Hi-Tech may add or deduct such costs from the Price as the case may be.
 

 

 

3. PAYMENT TERMS, CREDIT AND INTEREST

Unless Hi-Tech expressly agrees to payment being made on credit terms, all Goods and Services must be paid for in accordance with the QAF (if any) and this Contract.

The Customer shall pay all the monies due to Hi-Tech in full, free from deductions of any nature whatsoever whether by way of set-off, counterclaim or other equitable or lawful claim or otherwise.

The Customer will pay any GST that falls due on the Price. In addition to the Price and GST, the Customer will pay any charge, duty, impost or expenditure of any kind imposed by legislation, regulation or government action that is applicable in respect of the Goods or Services supplied by Hi-Tech.

 

In the event of Hi-Tech granting credit to the Customer then the following terms shall apply:

a) All invoices are to be paid in full no later than the 20^th day of the month following invoice.

b) Where the Customer is an approved dealer, all invoices are to be settled in full no later than the 25^th day of the month following invoice.

 

Hi-Tech is entitled at any stage to request such security or additional security as Hi-Tech in its discretion thinks fit and is entitled to withhold supply of Goods or Services or credit arrangements until such security or additional security is obtained. Hi-Tech may terminate this Contract where Hi-Tech is not satisfied with the security offered or provided by the Customer.

 

Should the Customer default in payment of any monies due to Hi-Tech then:

a) All monies due shall immediately become due and payable and shall be paid by the Customer upon demand by Hi-Tech,

b) Hi-Tech shall be entitled to reserve any discount given on the monies outstanding, and

c) Hi-Tech shall be entitled to charge interest at the current overdraft rate of Hi-Tech’s bank plus 2% on all overdue amounts from the date payment was due until payment in full of the monies outstanding. Any expenses costs or disbursements incurred by Hi-Tech in recovering any outstanding monies including debt collection agency fees or legal fees shall be recoverable from the Customer.

 

 

4. DISPATCH AND CARRIAGE

Every effort will be made to keep the dispatch dates quoted (if any), but Hi-Tech shall not be liable to make good any damage or loss, whether arising directly or indirectly, out of delay in delivery. All risks in respect of the Goods will pass to the Customer on delivery to a carrier or when carried on Hi-Tech transport on delivery to the Customer or its nominee. If Hi-Tech are requested to store Goods, or if Hi-Tech has to store Goods because of the fault of the Customer after the Goods are ready for dispatch, the Customer shall pay for storage or other charges. The storage will be at the Customers risk and will not entitle the Customer to postpone payment of any sums due to Hi-Tech. A receipted consignment note, bill of lading, weigh bill or dispatch advice shall be conclusive proof of delivery at which time all risks and responsibility for Goods passes to the Customer. Transit insurance to Customer’s account can be arranged if required. Carriage charges by a carrier of Hi-Tech’s choice will be to the Customer’s account, unless otherwise stated. Hi-Tech will endeavour to dispatch by the most economical means.

Hi-Tech shall not be liable for any under-delivery, shortage or loss in transit within 7 days from the date of delivery. The Customer shall provide at its expense safe hard road suitable for use by usual road transport to deliver materials to the site or to an area alongside the site with sufficient clear hard space at all times for unloading and stacking and unless otherwise specified shall supply all necessary cranes and other means of unloading. Should safe delivery not be possible through failure of the Customer to comply with provision any additional expenses incurred by Hi-Tech in effecting delivery shall be paid by the Customer.

 

 

5. RESERVATION OF TITLE

Any Goods supplied by Hi-Tech shall remain the property of Hi-Tech until payment in full is received by Hi-Tech for all Goods and Services supplied to the Customer. Until property in Goods supplied by Hi-Tech passes to the Customer the Customer shall have possession thereof in a fiduciary capacity as a bailee and the Customer shall be liable to Hi-Tech accordingly. In the event of the Customer breaching any term of this Contract Hi-Tech shall have the right (without giving notice) to retake possession of any Goods supplied to the Customer. The Customer authorises and allows Hi-Tech or its representative servants, agents or employees to enter the premises upon which any Goods are housed or stored for the purpose of inspecting or retaking possession of the Goods and Hi-Tech shall not be liable for any costs incurred by damage caused to the Customer by reason of or in the course of such entry.

 

 

6. PERSONAL PROPERTY SECURITIES ACT 1999 (“PPSA”)

Notwithstanding clause 5, the parties acknowledge that the Customer grants Hi-Tech security interests over:

a) all the Goods delivered to the Customer and any proceeds thereof; and

b) all the Customer’s present and after acquired property, being all the Customer’s personal property and all other property.

 

The Customer agrees to:

a) protect Hi-Tech’s retention of title provisions as provided in clause 5 of these terms and conditions;

b) if required by Hi-Tech, cooperate in good faith with Hi-Tech to execute the documentation required to register any security interest in favour of Hi-Tech on the Personal Property Securities Register and protect Hi-Tech’s interest in the Goods supplied; and

c) waive any right to receive a copy of the verification statement, pursuant to s148 of the PPSR.

 

 

7. CLAIMS FOR DEFECTIVE GOODS

Hi-Tech shall not be liable in respect of any claim that any Goods supplied are defective unless such claim is notified to Hi-Tech in writing within 7 days after delivery of such Goods. Hi-Tech shall not be liable for any loss or damage created, contributed to or increased by installation, fitting or work done on or relation to any Goods by the Customer or any party other than Hi-Tech. The liability of Hi-Tech in respect of defective Goods shall be limited to replacement of the Goods or the making good of defects. Hi-Tech will not be liable for any loss of profits or for any other consequential loss or damage.

 

 

8. RETURNS

Hi-Tech has a 30 day return period, from the date of delivery, for the return of all Goods for credit.

If any returned Goods are deemed by Hi-Tech to not be in resalable condition the Customer shall pay the costs of the returning the Goods to a saleable condition.

Any Goods returned for credit after the 30 day period from the date of delivery, will be subject to a handling charge of 10% of the Price of the Goods returned plus GST.

Goods that have been specially manufactured by Hi-Tech for the Customer will under no circumstances be accepted for return or credit.

 

Goods that have been specially ordered in by Hi-Tech for the Customer as a non-stock item will be subject to the following conditions:

a) Hi-Tech does not have to accept the non-stock item for return, even within the 30 day period from the date of delivery, and

b) Hi-Tech will only accept non-stock items for return and issue a credit for them if the supplier of the non-stock item to Hi-Tech will issue a credit to Hi-Tech, and

c) A credit for non-stock items will only be passed to the Customer once Hi-Tech has received a credit from their supplier of the non-stock item.

 

 

9. CANCELLATION OF ORDERS

Quotes that have been accepted by QAF in accordance with clause 1 may only be cancelled with the written consent of Hi-Tech. Any order for Goods of special design, size or material may not be cancelled after Hi-Tech has received the QAF unless the Customer agrees to make payment for any work that has been performed prior to cancellation.

 

 

10. CONFIDENTIALITY

All drawings, designs, specifications, technical data and other information, which Hi-Tech supplies in connection with a Quote, are confidential. All such information remains the property of Hi-Tech and must not be disclosed to any third person without written permission of Hi-Tech and shall be returned immediately upon request of Hi-Tech.

 

 

11. ALTERATION, VARIATION AND NOTICES

No alteration or variation of this Contract will be binding upon Hi-Tech unless authorised by Hi-Tech in writing.

Every notice given under this Contract will be sufficiently given if delivered personally, posted or successfully transmitted by fax to the intended recipient at his/her or its last known address or facsimile number.

 

 

12. DISPUTES

In the event of any dispute between the parties in relation to this Contract (but excluding the payment of the Price) the parties will first seek to resolve such dispute by promptly giving notice to the other party and in good faith endeavour to resolve the dispute. If the dispute remains unresolved the parties will first seek a resolution through the use of mediation or other informal method of resolution before pursuing arbitration or resolution through the Courts.

Where a dispute in respect of any Goods relates to the fitness for purpose, merchantability, design, and functionality, specifications or any other matter where the Goods are in any way alleged to be defective or not suitable to the purchaser and that dispute is not resolved by mediation or other informal method of resolution; then the parties agree to refer the dispute to an independent pump or technology expert in the industry who shall finally determine the dispute under the provisions of the Arbitration Act. Reference to arbitration shall be given in writing to the other party and the arbitrator shall be appointed within 14 days of such notice being given.

 

 

13. FORCE MAJEURE

If Hi-Tech’s performance of this Contract is prevented or delayed, a part or all, by reason of a cause beyond Hi-Tech’s reasonable control, Hi-Tech may at it’s option perform the Contract or unfulfilled portion thereof within a reasonable time from the removal of the cause preventing or delaying performance, or rescind unconditionally and without liability this Contract or the unfulfilled portion thereof.

 

 

14. CONSUMER LEGISLATION AND LIABILITIES

The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Goods and Services from Hi-Tech for the purposes of a business in terms of section 2 and 43 of that Act.

The Consumer Guarantees Act 1993, the Sale of Goods Act 1908, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Hi-Tech which cannot by law (or which can only to a limited extent by law) be excluded or modified. Hi-Tech's liability in respect of such shall, where it is allowed, be excluded or if not able to be excluded, only apply to the minimum extent required by the relevant statute.

 

Except as otherwise provided by clause 14 Hi-Tech shall not be liable for:

a) any loss or damage of any kind whatsoever, arising from the supply of Goods and Services by Hi-Tech to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods and Services provided by Hi-Tech to the Customer; and

b) the Customer shall indemnify Hi-Tech against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Hi-Tech or otherwise, brought by any person in connection with any matter, act, omission, or error by Hi-Tech, its agents or employees in connection with the Goods and Services.

The Customer will indemnify and hold harmless Hi-Tech from any liability arising from the Customer on-selling the Goods for a business purpose where the Customer fails to exclude the application of the Consumer Guarantees Act 1993 (if applicable) to such a transaction.

 

 

15.    PRIVACY

The Customer hereby agrees and authorise Hi-Tech to obtain information about the Customer from the Customer or any third party or to divulge any such information to any third party in the course of Hi-Tech business activities including but not limited to any credit or debt collection agency for the purposes for credit assessment or debt collection and any direct marketing activities. The information collected shall be retained by Hi-Tech for the duration the Customer holds an account or continues to purchase Goods or Services from Hi-Tech. The Customer shall be provided with access to the information held by Hi-Tech for review or corrective purposes.

 

 

16. TERMINATION

If the Customer fails to pay any monies owing by the due date or in Hi-Tech’s opinion breaches this Contract in any other way whatsoever, commits any act of bankruptcy, or being a company does any act, which would render it liable to be wound up or has a receiver appointed over its property, Hi-Tech may (without prejudice to any other remedies available to it) immediately suspend or terminate this Contract. The proportion of the Price owing, calculated according to the Goods or Services supplied, will immediately fall due and payable notwithstanding that the date for such payment may not have arrived.

 

 

17. NOTICE OF CUSTOMER OBLIGATIONS AND DISCLAIMER

The Customer agrees and acknowledges that the use, operation and maintenance of the Goods (including but not limited to the Hi-Tech Pontoon) is at the Customer’s risk and that the Customer assumes full responsibility and liability for ensuring their safe and proper operation and use.  Without limitation to the foregoing the Customer agrees and acknowledges its responsibility to:

To the fullest extent permitted by law, Hi-Tech disclaims any liability whatsoever (either direct or indirect) to the Customer or any third party for any:

whatsoever arising out of, flowing from, or in connection with the access to, use, operation or maintenance of the Goods.  The Customer agrees to indemnify and hold harmless Hi-Tech from any liabilities, costs (including full costs between solicitor and client), expenses, claims, losses and / or demands incurred by the Customer or any third party as a result of the access to, use, operation, maintenance or otherwise of the Goods. For the avoidance of doubt, Hi-Tech shall not be liable for any installation, alteration, change, modification or other adjustment of any nature whatsoever to the Goods other than that performed by Hi-Tech.

 

 

18. MISCELLANEOUS

a) The Customer will not assign or otherwise transfer or encumber its rights or obligations under this Contract except with the prior written consent of Hi-Tech.

b) This Contract constitutes the sole understanding of the parties and supersedes all prior understandings, written or oral, which will be of no further force or effect.

c) No waiver of any provision of this Contract will serve as a waiver of any other provision of this Contract nor as a continuing waiver of such provision and Hi-Tech will not have waived or deemed to have waived any provision of this Contract unless such waiver is in writing and executed by Hi-Tech.

d) Should any part or provision of this Contract be held unenforceable or illegal, the invalid or unenforceable part or provision will be replaced with a provision which accomplishes, to such extent as possible, the original business purpose of the part or provision in a valid and enforceable manner, and the remaining of the Contract will remain binding on the parties.

e) Hi-Tech may from time to time amend this Contract by giving the Customer notice in writing. Such notice in writing shall constitute authorisation for the purposes of clause 11.