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{"id":147,"date":"2024-08-24T06:47:23","date_gmt":"2024-08-24T06:47:23","guid":{"rendered":"https:\/\/intaphaze.com\/?page_id=147"},"modified":"2024-08-24T06:47:23","modified_gmt":"2024-08-24T06:47:23","slug":"terms-of-trade","status":"publish","type":"page","link":"https:\/\/intaphaze.com\/terms-of-trade\/","title":{"rendered":"Terms of Trade"},"content":{"rendered":"\n

Terms of Trade PDF<\/a><\/p>\n\n\n\n

Goods and services are sold and supplied to the customer by Sunshine Coast Fluid Control Pty Ltd and its related
companies (as defined by the Corporations Law) on the following terms and conditions, unless otherwise expressly agreed between
Sunshine Coast Fluid Control Pty Ltd and the customer.<\/p>\n\n\n\n

    \n
  1. ORDERS
    No order, whether resulting from a prior quotation or not, shall result in a binding contract until the order is accepted in writing by
    an authorised officer of Sunshine Coast Fluid Control Pty Ltd.<\/li>\n\n\n\n
  2. PRICES
    Prices may be varied at any time without notice. Unless otherwise indicated, prices for goods will be quoted ex-works as that term is
    defined in the international rules for the interpretation of trade terms 2010 (\u201cthe Incoterms\u201d) and prices for services will be quoted ex
    the place at which Sunshine Coast Fluid Control Pty Ltd, at its option, will perform the services. The customer shall bear all the
    costs of bringing the goods to their destination including, without limitation, the cost of freight, demurrage and insurance. The
    customer shall bear all the costs of having services performed at a place other than that nominated by Sunshine Coast Fluid
    Control Pty Ltd.<\/li>\n\n\n\n
  3. TERMS OF PAYMENT
    Terms of payment by customer to Sunshine Coast Fluid Control Pty Ltd are Net payable:
    (a) For equipment or accessories: 7 days from date of invoice
    (b) All other goods and services: 7 days from date of invoice.
    (c) All works and goods supplied, operational or not will be invoiced every 30 days up to date, if the project has not been competed.
    Time of payment shall be of the essence.
    If Sunshine Coast Fluid Control Pty Ltd does not receive payment by the date it will:
    (a) Suspend deliveries;
    (b) Cancel any existing contracts for supply without notice; and
    (c) Charge a management fee of $10 per day overdue.
    (d) Charge interest on the unpaid amount calculated on a daily basis from the due date until the date of payment at the
    maximum overdraft rate charged by Sunshine Coast Fluid Control Pty Ltd\u2019s bankers.<\/li>\n\n\n\n
  4. SHIPMENT
    Customer orders will be shipped from a point of shipment as determined by Sunshine Coast Fluid Control Pty Ltd. Upon receipt,
    the customer
    will inspect the goods and lodge any complaints with the carriers within any time limit applicable.<\/li>\n\n\n\n
  5. TITLE AND PROPERTY
    5.1 A risk in goods purchased shall pass to the customer upon delivery to the customer or the customer\u2019s agent or carrier.
    5.2 Title to goods purchased shall not pass to the customer until payment in full is received by Sunshine Coast Fluid Control Pty
    Ltd
    from the customer and the customer shall:
    (a) Store goods which have not been paid for separately;
    (b) Keep separate records in relation to the proceeds of the sale of any goods which have not been paid for, bank the
    proceeds of any such sale into a separate account and immediately remit such funds to the credit for Sunshine Coast Fluid
    Control Pty Ltd; and
    (c) if any goods are used in a manufacturing process or mixed with other materials, the customer shall record the value of
    goods so consumed in relation to each unit of finished product and upon sale of any unit of finished product immediately
    remit that amount from the proceeds of sale to Sunshine Coast Fluid Control Pty Ltd.
    5.3 If the customer does not pay for any goods on the due date specified in this agreement, Sunshine Coast Fluid Control Pty
    Ltd is hereby irrevocably
    authorised by the customer to enter the customer\u2019s premises (or the premises of any associated company or agent where the
    goods are located) and use reasonable force to take possession of the goods without liability for trespass, negligence or
    payment of any compensation to the customer whatsoever.
    5.4 If goods are repossessed hereunder, Sunshine Coast Fluid Control Pty Ltd may keep sell or otherwise dispose of the goods
    as it sees fit.
    Sunshine Coast Fluid Control Pty Ltd Terms of trade 1e 01\/01\/2024
    Page 1 of4
    Gold Lic No 81095
    ABN 316 2456 0514
    office@ Sunshine Coast
    Fluid Control Pty Ltd.com
    Sunshine Coast Fluid Control Pty Ltd T\/as Intaphaze
    TERMS AND CONDITIONS OF TRADE<\/li>\n\n\n\n
  6. LIABILITY
    6.1 Sunshine Coast Fluid Control Pty Ltd acknowledges that by Law certain conditions and warranties may be implied into
    contracts and rights
    and remedies conferred upon the customer which cannot be excluded, restricted or modified by contract (\u201cNon-excludable
    Rights\u201d). Save the Non-excludable Rights, Sunshine Coast Fluid Control Pty Ltd disclaims all warranties, conditions, liabilities or
    representations in relation
    to, inter alia, the quality, fitness for purpose or correspondence with description of goods or services which might, but for this
    clause, be implied herein by law or otherwise.
    6.2 Sunshine Coast Fluid Control Pty Ltd\u2019s liability to the customer in or in connection with goods or services supplied pursuant
    to any of the
    Non-excludable Rights, any express warranty or otherwise, shall to the full extent allowed by law be limited to Sunshine Coast
    Fluid Control Pty Ltd\u2019s
    options:
    (a) In the case of service, to supplying the services again or paying the cost of having the services supplied again; and
    (b) In the case of goods, to the repair of replacement of the goods or the supply of equivalent goods or the payment of the
    respective cost thereof.
    6.3 Notwithstanding anything else contained herein Sunshine Coast Fluid Control Pty Ltd shall not be liable to the customer for
    loss of profits or contracts or loss of use for any indirect or consequential loss whatsoever arising from negligence of Sunshine
    Coast Fluid Control Pty Ltd, its servant\u2019s or agent\u2019s breach of contract or of statutory duty or otherwise howsoever.<\/li>\n\n\n\n
  7. TIME FOR PERFORMANCE BY Sunshine Coast Fluid Control Pty Ltd
    Sunshine Coast Fluid Control Pty Ltd will use reasonable endeavours to deliver the goods and render services on or within the
    time or times specified in the contract but failure to do so shall not constitute a breach of contract and the customer shall not be
    entitled to refuse to accept goods or any instalment or instalment’s or services delivered or rendered after such time or times or to
    claim compensation for such failure.<\/li>\n\n\n\n
  8. FORCE MAJEURE
    If by reason of any fact, circumstance, matter or thing beyond the reasonable control of Sunshine Coast Fluid Control Pty Ltd,
    Sunshine Coast Fluid Control Pty Ltd is either unable to perform in whole or in part any of its obligations hereunder, Sunshine
    Coast Fluid Control Pty Ltd shall be relieved of that obligation to the extent and for the period that it is so unable to perform and
    shall not be liable to the customer in respect of such inability.<\/li>\n\n\n\n
  9. RISK OF CARRIAGE, HANDLING AND STORAGE
    Any liability of Sunshine Coast Fluid Control Pty Ltd for loss of or damage to customers\u2019 goods during carriage, handling or
    storage by or on behalf of Sunshine Coast Fluid Control Pty Ltd shall be limited at Sunshine Coast Fluid Control Pty Ltd\u2019s
    option to the repair or replacement of such goods, the supply of equivalent goods or the respective cost thereof. All other risks of
    carriage, handling and storage will be borne by the customer.<\/li>\n\n\n\n
  10. INSTALLATION
    The price of goods is ex-works and does not include the costs of installation by Sunshine Coast Fluid Control Pty Ltd.
    Sunshine Coast Fluid Control Pty Ltd may agree to install goods on its applicable terms and conditions. Installation by
    Sunshine Coast Fluid Control Pty Ltd shall be during Sunshine Coast Fluid Control Pty Ltd\u2019s normal working hours after the
    site has been prepared by the customer to meet Sunshine Coast Fluid Control Pty Ltd\u2019s site specifications. Unless otherwise
    agreed, these general terms and conditions shall apply to such installation.
    11.DELIVERY SHORTAGE
    The customer must inspect the goods or any instalment or instalment’s thereof immediately on the delivery thereof or the rendering
    of services immediately thereafter and must within fourteen (14) days of delivery or rendering given written notice to Sunshine
    Coast Fluid Control Pty Ltd of any matter or thing by reason whereof the customer may allege that the goods or services do not
    conform to the delivery notice or invoice which accompanies delivery or rendering. (The delivery note or invoice (or a copy) must
    accompany any such written notice.) If the customer fails to give such written notice, the goods or any instalment or instalment’s or
    services shall be deemed to be in all respects in accordance with the delivery note or invoice and the customer shall be bound to
    accept and pay for the same accordingly.
    12.COMPLAINTS
    The customer must provide Sunshine Coast Fluid Control Pty Ltd with an immediate written report of any alleged defects in the
    goods delivered or services rendered and provide Sunshine Coast Fluid Control Pty Ltd with an opportunity to examine the
    delivered goods or services rendered in question. Any written report must be accompanied by:
    (a) a sample of the goods or rendered services in question showing the alleged defect, and
    (b) where appropriate, and to the extent necessary to establish the alleged defect, a sample delivered at the same time in its
    original packaging showing the batch or reference number identification.
    Customers are not entitled to withhold payment or make deductions on account of goods or services claimed to be defective.
    Sunshine Coast Fluid Control Pty Ltd Terms of trade 1e 01\/01\/2024
    Page 2 of4
    Sunshine Coast Fluid Control Pty Ltd T\/as Intaphaze
    TERMS AND CONDITIONS OF TRADE
    13.RETURNS
    Goods may only be returned with prior written approval of Sunshine Coast Fluid Control Pty Ltd and if such approval is given the
    goods shall be returned to Sunshine Coast Fluid Control Pty Ltd at the customer\u2019s cost. When contacting Sunshine Coast
    Fluid Control Pty Ltd for such approval, details of invoice number and date of shipment as well as the batch number in any coated
    or sensitised goods must be given. Returned goods will only be accepted by Sunshine Coast Fluid Control Pty Ltd if they are
    goods unused and undamaged and packed in their original packaging with their original marks and numbers unaltered so as to be in
    saleable condition by Sunshine Coast Fluid Control Pty Ltd. In the case of customer error in ordering, an administrative and
    handling fee equal to 10% of the sale price of the returned goods shall be payable by the customer to Sunshine Coast Fluid
    Control Pty Ltd.
    14.STORAGE CONDITIONS
    The customer is informed that:
    Sensitised goods require proper storage and handling to maintain quality.
    15.COPYRIGHT
    Sunshine Coast Fluid Control Pty Ltd reserves the rights to all copyrights, trade marks, industrial designs, patents and any other
    industrial and intellectual rights on all Sunshine Coast Fluid Control Pty Ltd drawings, designs, diagrams, schemes, plans,
    publications, other documents, ideas, discoveries, improvements and inventions. The customer shall not use or allow any third party
    to use any of the foregoing without Sunshine Coast Fluid Control Pty Ltd\u2019s prior written consent.
    16.GENERAL
    Any contract between Sunshine Coast Fluid Control Pty Ltd and the customer shall be governed by the law of Queensland and
    Sunshine Coast Fluid Control Pty Ltd and the customer irrevocably submit to non-exclusive jurisdiction of the courts of that state.<\/li>\n\n\n\n
  11. LEGAL RELATIONSHIP
    Nothing shall be deemed to construe Sunshine Coast Fluid Control Pty Ltd and the customer, the partner, agent or legal
    representative of the other. Except as expressly provided for, the customer shall not have any authority to act for, or to assume any
    obligation or responsibility on behalf of, Sunshine Coast Fluid Control Pty Ltd.
    18.ASSIGNMENT
    Any contract between Sunshine Coast Fluid Control Pty Ltd and the customer shall apply for the benefit of Sunshine Coast
    Fluid Control Pty Ltd\u2019s successors in title, transferees and assigns. The customer shall not be entitled to assign, transfer, either
    partially or entirely, any of its rights or obligations under any contract with Sunshine Coast Fluid Control Pty Ltd without the prior
    written consent of Sunshine Coast Fluid Control Pty Ltd.
    19.WAIVER
    The failure by Sunshine Coast Fluid Control Pty Ltd to enforce, at any time and from time to time, a provision of any contract
    between Sunshine Coast Fluid Control Pty Ltd and the customer or to require at any time performance by the customer of a
    provision of any such contract shall not be construed as a waiver of that provision or affect the validity of that contract or any part
    thereof nor the right of Sunshine Coast Fluid Control Pty Ltd to thereafter enforce each and every provision of any such contract.
    20.EFFECT OF TERMINATION
    The termination of any contract between Sunshine Coast Fluid Control Pty Ltd and the customer on any account whatsoever
    shall not in any way prejudice or affect the rights, duties or obligations of the parties under any such contract which may have arisen
    prior to the date of termination.<\/li>\n\n\n\n
  12. INTEGRATION
    Any contract made between Sunshine Coast Fluid Control Pty Ltd and the customer supersedes all prior agreements,
    arrangements and undertakings between them relating to the subject matter thereof and constitutes the entire agreement between
    the parties relating to that subject matter. No addition to or modification of any provision of any contract shall be binding upon the
    parties unless made by written instrument signed by both parties.
    22.SEVERANCE
    In the event of the invalidity, illegality or unenforceability of any part of provisions of any contract between Sunshine Coast Fluid
    Control Pty Ltd and the customer, such invalidity or illegality or unenforceability shall not affect the remaining provisions of such
    contract and the part of provision being invalid, illegal or unenforceable shall be served from the remaining provisions of such
    contract.
    23.VARIATION
    No variation of any contract between Sunshine Coast Fluid Control Pty Ltd and the customer shall be effective nor shall any
    waiver of rights be implied unless signed for and on behalf of Sunshine Coast Fluid Control Pty Ltd and the customer.
    Sunshine Coast Fluid Control Pty Ltd Terms of trade 1e 01\/01\/2024
    Page 3 of4
    Sunshine Coast Fluid Control Pty Ltd T\/as Intaphaze
    TERMS AND CONDITIONS OF TRADE<\/li>\n\n\n\n
  13. INDEMNITY
    To the full extent allowed by law the customer shall indemnify, and keep indemnified, Sunshine Coast Fluid Control Pty Ltd
    against all and any liabilities and claims of whatsoever kind which arise out of or in relation to any use made of the goods or services
    by or on behalf of the customer.<\/li>\n\n\n\n
  14. TAXES
    The customer shall pay all and any taxes, sales taxes, duties, levies and imports applicable to any contract between Sunshine
    Coast Fluid Control Pty Ltd and the customer or any transaction required or contemplated thereunder.
    26.HEADINGS
    The headings herein are for ease or reference only and shall not form part of any contract between Sunshine Coast Fluid
    Control Pty Ltd and the customer or affect its construction.
    27.NOTICES
    (a) a notice, approval or other communication hereunder:
    (i) may be given by an Authorised Officer of the relevant party; and
    (ii) must be in writing; and
    (iii) must be left at the address of the addressee or sent by prepaid ordinary post (airmail if posted to or from a place outside
    Australia) to the address of the addressee or sent to the facsimile number of the addressee which is specified in the
    relevant contract between Sunshine Coast Fluid Control Pty Ltd and the customer or if the addressee notified another address
    or facsimile number then to that address or facsimile number.
    (b) Unless a later time is specified in it, a notice or other communication takes effect from the time it is received.
    (c) A letter or facsimile is taken to be received:
    (i) in the case of a posted letter, on the third (seventh, if posted to or from a place outside Australia) day after posting; and
    (ii) in the case of a facsimile, on production of a transmission report by the machine from which the facsimile was sent in its
    entirety to the facsimile number of the recipient notified for the purpose of this clause.
    Sunshine Coast Fluid Control Pty Ltd Terms of trade 1e 01\/01\/2024
    Page 4 of<\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"

    Terms of Trade PDF Goods and services are sold and supplied to the customer by Sunshine Coast Fluid Control Pty Ltd and its relatedcompanies (as defined by the Corporations Law) on the following terms and conditions, unless otherwise expressly agreed betweenSunshine Coast Fluid Control Pty Ltd and the customer.<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_ti_tpc_template_sync":false,"_ti_tpc_template_id":"","footnotes":""},"class_list":["post-147","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/intaphaze.com\/wp-json\/wp\/v2\/pages\/147","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/intaphaze.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/intaphaze.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/intaphaze.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/intaphaze.com\/wp-json\/wp\/v2\/comments?post=147"}],"version-history":[{"count":1,"href":"https:\/\/intaphaze.com\/wp-json\/wp\/v2\/pages\/147\/revisions"}],"predecessor-version":[{"id":149,"href":"https:\/\/intaphaze.com\/wp-json\/wp\/v2\/pages\/147\/revisions\/149"}],"wp:attachment":[{"href":"https:\/\/intaphaze.com\/wp-json\/wp\/v2\/media?parent=147"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}