Terms and Conditions
1. GENERAL
The terms and conditions govern credit facilities provided by CDK
Automation Pty Ltd (CDKAPL) to the Customer and shall apply to
the exclusion of all others including any terms and conditions of
CDKAPL.
The Customer acknowledges that these terms and conditions
embody the whole agreement between the parties and agrees to
be bound by them.
2. PRICES
Prices are exclusive of:
A) GST and other applicable taxes which shall be payable by
the customer at the rate prevailing at the time of delivery and
B) Freight unless otherwise agreed between the customer and
CDKAPL
4. PRIVACY
Under no circumstances will we sell customer' information. The only time information is disclosed to a third party is when if we are required to do so by Australian law.
5. PAYMENT
Unless otherwise agreed between the parties following terms of
payment will apply:
A) The Customer shall make payment to CDKAPL for all goods
supplied, work and labour done, and services rendered
within 30 days from the end of the month of supply.
B) Without prejudice to its rights under this clause CDKAPL
shall have the option to recover interest at the prevailing
bank overdraft rate from the Customer on all overdue
accounts from the due date of Invoices per clause 4A above.
C) Charges apply to credit card payments details of which will
be provided by CDKAPL on request by the customer.
6. COSTS
Should payment remain outstanding beyond CDKAPL’s payment
terms as outlined in clause 5, the Customer is liable for all costs
including interest and legal costs (on Solicitor/own client basis)
and collection agency fees incurred by CDKAPL in recovering the
amount outstanding.
8. DELIVERY
A) Goods shall be delivered to the address specified at checkout as the business address unless instructed otherwise.
B) In the event that a delivery date is specified by the Customer,
CDKAPL shall use the best endeavours to comply with the
Customers requests; in no circumstances will CDKAPL be
liable for any loss or damage of any kind whatsoever in the
event that it is not able to comply with the Customer’s
request for delivery at a certain time. The customer
acknowledges and agrees that it will not make any claims
against CDKAPL for any loss or damage incurred as a result
of the delivery.
C) Local deliverys are made through Quicklee. Interstate delivery is sent via Toll Priority.
D) Shipping costs may vary depending on size and weight of the product/s.
E) We do ship internationally and costs may vary and will be confirmed via email.
9. CLAIMS
A) The descriptions and illustrations in catalogue price lists and
other advertising material are intended merely as a general
guidance and shall not constitute any terms of contract.
CDKAPL shall not be responsible for the fitness of the goods
for any purpose intended by the Customer, the selection of
the goods for such purposes being the sole responsibility of
the Customer
B) No return of the allegedly defective goods or claims for
shortages apparent on inspection will be accepted by
CDKAPL unless a written complaint is received by CDKAPL
within 7 days of the date of invoice specifying the defect or
shortage, CDKAPL may, at its option, accept the return of
goods and give a credit for goods were
i) The Customer has complied with this clause
ii) The Customer satisfies CDKAPL as to the claim
iii) In the case of goods that have at the request of the
Customer been specifically sources, the supplier of such
goods will accept the return of goods for credit, and
iv) If CDKAPL elects to have the goods returned, the
goods are returned to CDKAPL in the same condition as
when first delivered to the customer with the relevant
invoice number and date of order. A minimum re-
stocking fee of 20% of the value of the goods returned
would apply except when goods are returned due to
CDKAPL’s fault.
11. Refund and return policy
Customers must contact CDK Automation within 7 days after delivery to request a refund.
It is your responsibility to make sure the items are securely packaged, clearly labelled and transported in accordance with all applicable laws and regulations.
Please make sure the items are replaced in their original packaging, unused and in a condition which will enable them to be immediately fit for re-sale.
A restocking fee of 20% will be deducted from the refund unless the product has been found to be faulty.
Refunds will be paid when goods are received and checked.
Payment for return delivery will be the responsibility of the customer unless the product has been found to be faulty.
12. JURISDICTION
The proper law of all contracts arising between CDKAPL and the
Customer is the law of the State of Western Australia and the
parties agree to submit to the jurisdiction of the Courts of that
State.
13. TITLE OF GOODS
A) Property of any article sold by CDKAPL shall not pass from
CDKAPL to the Customer until the Customer has paid in full
and cheques and other negotiable instruments have been
cleared. The risk of loss or damage to the article shall be
entirely at the risk of the Customer upon delivery to the
Customer
B) If goods are not paid in full Title of the Goods remains with
CDKAPL, Customer holds the Goods as bailee of CDKAPL
and must ensure the Goods are safely stored, separate from
all other goods, protected, readily identifiable, clearly
marked as owned by CDKAPL and fully insured for an
amount not less than the Price.
If the Customer sells the Goods or any goods incorporating
or processed using the Goods (Processed Goods) to
customers, Customer in its position as fiduciary assigns to
CDKAPL the benefit of any damage against the customers
and will hold on trust in a separate identifiable account, and
account to CDKAPL for all proceeds of sale or such part of
the proceeds of sale as is equivalent to the Price of the
Goods incorporated or used in the Processed Goods.
CDKAPL has the rights to such proceeds whether or not held
in a separate identifiable account.
C) Monies owing by the Customer to CDKAPL shall become
due immediately upon the commencement of any act or
proceeding in which the Customer’s solvency is involved.
D) Customer shall not charge the Goods in any way, nor grant
or give any interest in the Goods while they remain the
property of CDKAPL, nor allow any third part to acquire a
security interest in the Goods.
E) If Customer fails to comply with any of these Terms, then
Customer must return any Goods on which there are
outstanding amounts owing on request: Customer
authorises CDKAPL and any person authorised by CDKAPL
to enter premises where the Goods may be located to take
possession of the Goods, CDKAPL may retain, sell, or
otherwise dispose of those goods.
F) Customer agrees to the extent permitted under the Personal
Property Securities Act 2009 (Oth) (PPSR), that the
following provisions will not apply when enforcing these
Terms:
- S95 and s130 to the extent it requires CDKAPL to give
a notice to Customer.
- S121(4); s132(3)(d); s132(4); s135; s142 and s143
Unless otherwise agreed by CDK Automation Customer will
not disclose, nor authorise the disclosure of, any information
of the kind described in s275 to any person.
G) Unless the context indicates otherwise, terms defined or
used in this agreement have the same meaning as the
PPSR.
14. LIABILITY
A) CDKAPL undertakes at the request of the Customer in
writing to make all reasonable endeavours in assisting the
customer to obtain from the manufacturer the benefit of
any guarantee or warranty, which the manufacturer may
have expressly given as to the quality or fitness for any
purpose of the goods. This express undertaking is given
in lieu of any other rights that would otherwise be
conferred on the customer under any law save that this
express undertaking does not exclude any conditions or
warranties implied in this agreement by the provision of
the Trade Practices Act 1974 or by any other Federal or
State laws to the extent that such conditions or warranties
may not be excluded by express agreement.
B) Subject to clause 7(c) hereof CDKAPL shall not be liable
to the customer whether in Contract Tort or otherwise for
any of the following:
i) Any loss of profits or any other consequential loss
or damage caused by the Customer by any delay in
delivery or any non-delivery of the goods or any part
of them or caused to the customer by any matter, fact
or circumstances not within the complete control of
CDKAPL
ii) Any loss of profits or any other consequential loss
or damage suffered by the customer in consequence
of any defect in material or workmanship of the goods
or their failure to perform in accordance with any
performance figures stated
C) If the basis of the contract is such that the customer is a
consumer as defined in the Trade Practices Act 1974 or in
any other lay of the Commonwealth (or any State or
Territory) of Australia, the customer shall be governed by
the provisions of the said Act or any such law to the extent
that such liability may not be excluded by express
agreement. If liability may not be excluded by express
personnel, domestic or household use or consumption,
then the liability of CDKAPL for a breach of a condition or
warranty implied by the Trade Practices Act 1974 (other
than a condition or warranty implied by section 69) or by
any other Federal or State Laws shall be limited to such of
the following as shall be fair and reasonable in all of the
circumstances
i) the repair of the goods, or
ii) the replacement of the goods or
iii) the supply of the equipment/goods
iv) the payment of the cost of any of the above