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Terms of Service
TRADING TERMS AND CONDITIONS FOR THE RUTH SOBEY FAMILY TRUST TRADING AS AMACRON
TECHNOLOGIES AUSTRALIA (ABN 21 944 579 751)
The Supplier: The Ruth Sobey Family Trust Trading as Amacron Technologies Australia (ABN 21 944 579 751)
The Customer: Any person who purchases goods from Amacron Technologies
2.1. The Supplier is The Ruth Sobey Family Trust Trading as Amacron Technologies Australia, 21 Tate Drive, Kerang, 3579, Victoria
2.2. The Customer is the party or any person acting on behalf of and with the authority of the Customer that the Order is provided for.
2.3. The Guarantor is the person(s), or entity, who agrees to be liable for the debts of the Customer.
2.4. The Order shall be defined as any request for the provision of Goods by the Customer with the Supplier which has been accepted by
2.5. The Purchase Order shall be defined as an official order submitted by the Customer upon request for the provision of Goods,
detailing the order number and describing the Goods requested.
2.6. The Goods are the products and/or components provided by the Supplier.
2.7. The Price is the amount invoiced for Goods supplied.
2.8. Indirect, Special or Consequential loss or damage includes i) any loss of income profit or business; ii) any loss of good will or
reputation; iii) any loss of value of intellectual property.
2.9. Invoices include invoices for Goods supplied, provided, or both.
3.1. These Terms and Conditions together with the Supplier’s written or verbal quotation and the Supplier’s Credit Application Form form
3.2. Any Order requested by the Customer is deemed to be an Order incorporating these Terms and Conditions notwithstanding any
inconsistencies which may be introduced in the Customer Order or acceptance unless expressly agreed to by the Supplier in
writing. In the event that an inconsistency exists and/or arises it is acknowledged between the parties that these Terms and
Conditions will prevail.
3.3. No subsequent correspondence or document or discussion shall modify or otherwise vary these Terms and Conditions unless such
variation is in writing and signed by the Supplier.
3.4. The Terms and Conditions are binding on the Customer, his heirs, assignees, executors, trustees and where applicable, any
liquidator, receiver or administrator.
3.5. In these Terms and Conditions, the singular shall include the plural, the masculine shall include feminine and neuter and words
importing persons shall apply to corporations.
3.6. Where more than one Customer completes this agreement each shall be liable jointly and severally.
3.7. 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 and the offending provision shall be deemed
as severed from these Terms and Conditions.
3.8. The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent but the
Supplier acknowledges that it remains at all times liable to the Customer.
3.9. 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.
3.10. The Customer acknowledges that the Supplier may use these Terms and Conditions on its website and that it may provide notice to
the Customer of any amendments. In this event, the Terms and Conditions on the Supplier’s website shall apply to any future
dealings as between the parties and the Customer is deemed to have notice of any such Terms and Conditions and/or
4. PLACEMENT OF ORDERS
4.1 Orders placed by the Customer with the Supplier will be considered valid when placing the Order by email, verbally, in writing
and/or upon submission of a purchase order by the Customer, showing clearly the order number and full description of the Goods
4.2 Orders placed by the Customer with the Supplier will be considered valid when placing the Order by email, verbally and/or in
4.3 Any written Quotation given by the Supplier shall expire sixty (60) days after the date of the written quotation. Quotations may also
be provided to the Customer by verbal communication over the telephone.
4.4 All prices are based on taxes and statutory charges current at the time of the Quotation. Should these vary during the period from
the date of the Quotation to the date of the invoice, the difference will become the responsibility of the Customer and the Customer
will be invoiced for the extra charge by the Supplier.
5.1. At the Supplier’s sole discretion the Price shall be either:
5.1.1. As detailed on invoices provided by the Supplier to the Customer in respect of Goods supplied; or
5.1.2. The Supplier’s quoted Price as for the Order (subject to clause 5.2).
5.2. The Supplier reserves the right to change the Price in the event of a variation to the Supplier’s Order provided that notice in writing
is provided by the Supplier within a reasonable time.
6. SUPPLY AND DELIVERY OF GOODS
6.1. The Supplier reserves their right to:
6.1.1. Decline requests for any Goods requested by the Customer.
6.1.2. Cancel or postpone appointments at their discretion.
6.1 Delivery of the Goods shall be deemed to take place when the Goods are collected by the Customer or are delivered to the
Customer or the carrier as nominated by the Supplier and/or the Customer.
6.2 If the Customer fails to make all arrangements necessary to take delivery of the Goods, the Customer shall, at the discretion of the
Supplier, be liable for a $33.00 Non Delivery Fee and the Supplier shall be entitled, also at its discretion, to charge a reasonable
fee for redelivery.
6.3 Unless specified by the Supplier to the contrary in the Order, the Supplier does not warrant that it will be capable of providing the
Goods at specific times requested by the Customer during the term of this agreement.
6.4 Subject to otherwise complying with its obligations under this agreement, the Supplier shall exercise its independent discretion as
to its most appropriate and effective manner of providing the Goods and of satisfying the Customer’s expectations of those Goods.
6.5 In the discharge of its duties, the Supplier shall comply with all reasonable resolutions, regulations and directions of the Customer
that may lawfully be given from time to time as to the nature and scope of the Goods to be provided.
6.6 Nothing in the above clause shall effect the Supplier’s right to exercise its own judgment and to utilise its skills as it considers most
appropriate in order to achieve compliance with the said resolutions, regulations and directions or otherwise with its obligations
under this agreement.
6.7 The Supplier may agree to provide, on request from the Customer, additional Goods not included or specifically excluded in the
Quotation/Order. In this event, the Supplier shall be entitled to make an additional charge. Additional Goods includes, but is not
limited to, alterations, amendments, and any additional visits by the Supplier after provision of the Goods at the request of the
7 PAYMENT AND CREDIT POLICY
7.1 Any reference to Customer shall include all Customers, unless it refers to a specific group of Customers.
7.2 For credit purposes, the two main groups of Customers are Non-Account Customers and Account Customers.
7.3 Non-Account Customers
7.3.1 The Customer must make full payment of the Price before delivery of the Goods.
7.3.2 If the Customer has placed an order for Goods that require delivery from a third party, being an international company,
the Customer must pay a 70% non-refundable deposit of the Price before the Supplier makes the order from the third
party. The Customer must pay the balance of the Price when the Goods are delivered to the Supplier by the third party
and before the Goods are delivered to the Customer by the Supplier.
7.4 Account Customers
7.4.1 Account customers must make full payment to the Supplier within thirty (30) days from the end of the month of issue of
invoice(s) for the Goods.
7.4.2 Account Customers who make full payment within seven (7) days of the date of the invoice will receive a bonus credit
of 2.5% which may be used by the Customer as a discount against the Price of the next order with the Supplier.
7.5 Credit will only be granted at the sole discretion of the Supplier and upon submission of a completed Application for Credit Form.
7.6 Any credit granted may be revised by the Supplier at any time and at its discretion.
7.7 The Supplier reserves the right to withdraw any credit facility upon any breach by the Customer of these Terms of Conditions or
upon the Customer ceasing to trade and/or being subject to any legal proceedings and/or the Customer committing and act of
7.8 The Customer agrees that upon such withdrawal, any and all monies owing on the account shall become immediately due and
8 GOODS AND SERVICES TAX
8.1 GST refers to Goods and Services tax under the Goods and Services Act 1999 (“GST Act”) and terms used herein have the
meanings contained within the GST Act.
8.2 It is hereby agreed between the Customer and the Supplier that the consideration for the Supplier expressed in this agreement is
exclusive of the Supplier’s liability of GST.
8.2.1 On sale:
188.8.131.52 The Customer will pay to the Supplier, in addition to the total purchase Price, the amount payable by the
Supplier of GST on the taxable supply made by the Supplier under this agreement;
184.108.40.206 The Supplier shall deliver to the Customer a Tax Invoice for the supply in a form which complies with the GST
Act and Regulations.
9 DISHONOUR OF CHEQUE
9.1 If any cheque issued by the Customer or by any third party in payment of the Price is dishonoured:
9.1.1 The Supplier may refuse to supply any further Goods until satisfactory payment is received in full, including bank fees and
9.1.2 The Supplier is entitled to treat the dishonour of the Customer’s cheque as a repudiation of this agreement and to elect
between terminating this agreement or affirming this agreement, and in each case claiming and recovering compensation
for loss or damage suffered from the Customer.
9.1.3 The Customer may be liable for a dishonoured cheque fee of $40.00.
10.1 Invoices issued by the Supplier shall be due and payable before the provision of Goods for Non-Account Customers, and invoices
issued by the Supplier shall be due and payable within thirty (30) days from the end of the month of issue for Account Customers
(“Default Date”) depending on terms agreed with the Supplier. Without prejudice to any other rights of the Supplier, the Customer
may be charged account keeping fees of 2.0% interest payable monthly on any payment in arrears.
10.2 If the Supplier does not receive the Outstanding Balance for the Goods on or before the Default Date, the Supplier may, without
prejudice to any other remedy it may have, forward the Customer’s outstanding account to a debt collection agency for further
action. The Customer acknowledges and agrees that:
10.2.1 After the Default Date, the Outstanding Balance shall include, but not limited to, all applicable fees and charges
under this Agreement;
10.2.2 In the event of the Customer being in default of the obligation to pay and the overdue account is then referred to a
debt collection agency, or law firm for collection the commission payable where the collection agency charges
commission on a contingency basis shall be calculated as if the agency has achieved one hundred percent (100%)
recovery and shall be added to the debt and the legal costs, whether incurred directly or by the agency shall be
calculated on the indemnity basis and added to and form part of the debt and the total shall be treated as a
11 RISK AND LIABILITY
11.1 The Customer will ensure when placing Orders that there is sufficient information to enable the Supplier to execute the Order.
11.2 If the Customer requests the Supplier to hold the Goods temporarily on the Customer’s behalf, the Supplier takes no responsibility
for the security of the Goods and may charge the Customer a reasonable storage fee in respect of the Goods.
11.3 The Supplier takes no responsibility if the specifications are wrong or inaccurate and the Customer will be liable for the expenses
incurred by the Supplier for any work required to rectify the Order.
11.4 The Customer is responsible for ensuring that the Supplier is made aware of any special requirements pertaining to the Order and
that the Supplier relies upon the integrity of the information supplied to it.
11.5 The Supplier takes no responsibility and will not be liable for any damages or costs resulting in the Goods being faulty as a
consequence of insufficient information provided by the Customer.
11.6 The Supplier takes no responsibility for representations made in relation to the Goods or any delay in the delivery of the Goods
made by a third party or third party manufacturer.
11.7 The Customer acknowledges that the Supplier shall not be liable for and the Customer releases the Supplier from :
11.7.1 Any claims in respect of faulty or defective design of any Goods supplied.
11.7.2 Physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of supply, layout,
assembly, installation or operation of the Goods.
11.8 Except as provided in these conditions all express and implied warranties, guarantees and conditions under statute or general law
as to merchantable quality, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, or
workmanship or otherwise is expressly excluded.
11.9 The Supplier does not represent that it will carry out any Services and/or provide and/or deliver any Goods unless it is included in
Warranty for Goods
12.1 The warranty for Goods supplied shall be the current warranty provided by the manufacturer of the Goods. The Supplier shall
not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the
manufacturer of the Goods.
12.2 The Customer agrees to be responsible for all amounts owing to the Supplier in the event that any Goods are supplied on the
basis of the manufacturer’s warranty and it subsequently becomes void or inapplicable.
12.3 Warranty for Goods shall only cover the cost of Goods. The Customer acknowledges that additional costs incurred, such as
labour and/or freight, must be borne by the Customer.
12.4 If the Customer is in default of any payment to the Supplier after a request in writing has been made, the warranty shall cease
and the Supplier shall thereafter in no circumstances be liable under the terms of the warranty.
13 RETENTION OF TITLE
13.1 While the risk in Goods shall pass on delivery and/or supply (including all risks associated with unloading), legal and equitable title
in the Goods shall remain with the Supplier until full payment of all Goods supplied by the Supplier to the Customer is made.
Pending such payment the Customer:
13.1.1 Shall hold the Goods as Bailee for the Supplier and shall return the Goods to the Supplier if so requested.
13.1.2 Agrees to hold the Goods at the Customer’s own risk and is liable to compensate the Supplier for all loss or damage
sustained to the Good whilst they are in the Customer’s possession.
13.2 The Supplier reserves the right to enter the Customer’s premises without liability for trespass or any resulting damage in retaking
possession of the Goods until the accounts owed to the Supplier by the Customer are fully paid.
14 TERMINATION AND CANCELLATION
Cancellation by Supplier
14.1 The Supplier may cancel any Order to which these Terms and Conditions apply or cancel delivery of Goods at any time before the
Goods are delivered provided by giving written notice to the Customer. On giving such notice the Supplier shall repay to the
Customer any sums paid in respect of the Price. The Supplier shall not be liable for any loss or damage or consequential loss or
damage whatever arising from such cancellation.
14.2 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:
14.2.1 Any money payable to the Supplier becomes overdue and after a request for payment in writing has been made; or
14.2.2 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
14.2.3 A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or
any asset of the Customer or any judgment is taken out against the Customer and remains unpaid for more than seven
Cancellation by Customer
14.3 Any Order cannot be cancelled by the Customer unless expressly agreed to by the Supplier in writing.
14.4 In the event that the Customer refuses receipt of delivery of the Goods the Customer shall be liable for any loss incurred by the
Supplier (including, but not limited to, any loss of profits) up to the time of cancellation.
14.5 If the Customer places an Order with the Supplier and the Supplier places an Order with a third party Supplier to meet the
Customer’s request, the Customer shall be liable for the Price of the Goods ordered if the Customer cancels the Order and the
Goods have already been dispatched.
Limitation of damage
14.6 The Customer acknowledges that in the event of any breach of this Agreement/Order by the Supplier including indirect, special or
consequential loss, the remedies of the
Customer shall be limited to damages which under no circumstances shall exceed the Price.
15.1 The Customer shall have no right of set-off in any suit, claim or proceeding brought by the Supplier against the Customer for
default in payment.
15.2 The Customer acknowledges that the Supplier can produce this clause in bar of any proceeding for set-off.
16.1 The Customer is responsible to effect whatever insurance cover he requires at his own expense.
17 AGREED USE
17.1 The Customer acknowledges that the Customer may forfeit any rights if any, he may have against the Supplier if:
17.1.1 The Goods are applied for any other use to which the Goods are not intended for and/or not in accordance with any
17.1.2 Any alteration to the Goods is carried out other than in accordance with intended alterations and/or the Goods are
not repaired by an authorised repairer.
17.2 The Customer further acknowledges sole responsibility for any damage or injury to property or person caused by using the
Goods in any way, which the Customer may forfeit their rights against the Supplier.
17.3 The Customer acknowledges that they have no relied on any representation or warranty from the Supplier with respect to the
merchantable quality, description, quality, suitability or fitness of the Goods.
18.1 This agreement is deemed to be made in the State of Victoria and all disputes hereunder shall be determined by the appropriate
courts of Victoria
19 ENTIRE AGREEMENT
19.1 The conditions set out in this agreement constitute the whole agreement made between the Customer and the Supplier.
19.2 This Agreement can only be amended in writing signed by each of the parties.
19.3 All prior discussions and negotiations are merged within this document and the Supplier expressly waives all prior representations
made by him or on his behalf that are in conflict with any clauses in this document in any way.
19.4 Nothing in this Terms and Conditions is intended to have the effect of contravening any applicable provisions of the Competition
And Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia.