1.1 “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
1.2 “Industrial Batteries Australia” also means Ceil Power Systems, its successors and assigns or any person acting on behalf of and with the authority of Industrial Batteries Australia Pty Ltd.
1.3 “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting Industrial Batteries Australia to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
(a) if there is more than one Client, is a reference to each Client jointly and severally; and
(b) if the Client is a partnership, it shall bind each partner jointly and severally; and
(c) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
(d) includes the Client’s executors, administrators, successors and permitted assigns.
1.4 “Goods” means all Goods or Services supplied by Industrial Batteries Australia to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.5 “Equipment” means all Equipment including any accessories supplied by Industrial Batteries Australia to the Client (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, or any other work authorisation form provided by Industrial Batteries Australia to the Client.
1.6 "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
1.7 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when ordering from the website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to ordering Goods via the website.
1.8 “Price” means the Price payable (plus any GST where applicable) for the Goods/Equipment as agreed between Industrial Batteries Australia and the Client in accordance with clause 5 below.
1.9 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts Delivery of the Goods/Equipment.
2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
2.4 The Client acknowledges and agrees that:
(a) the supply of Goods/Equipment on credit shall not take effect until the Client has completed a credit application with Industrial Batteries Australia and it has been approved with a credit limit established for the account. In the event that the supply of Goods/Equipment request exceeds the Clients credit limit and/or the account exceeds the payment terms, Industrial Batteries Australia reserves the right to refuse Delivery.
(b) where the Client does not elect to control their purchases by a Purchase Order and/or a Letter of Authority, then all purchases made by Client and/or any other third party acting on behalf of the Client to which the Goods are charged to the Client’s credit account, shall remain at all times payable by the Client. All said notices of restrictions pertaining to purchases must be writing and will remain in place until such time as the Client revokes.
2.5 The Client agrees to notify Industrial Batteries Australia in writing immediately upon of the departure of the Client employee if an authorised account user. Failure to advise Industrial Batteries Australia of such departures, then the Client acknowledges they will be bound by all purchase orders made by that account user.
2.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3. Errors and Omissions
3.1 The Client acknowledges and accepts that Industrial Batteries Australia shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
(a) resulting from an inadvertent mistake made by Industrial Batteries Australia in the formation and/or administration of this Contract; and/or
(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by Industrial Batteries Australia in respect of the Services.
3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of Industrial Batteries Australia; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.
4. Change in Control
4.1 The Client shall give Industrial Batteries Australia not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by Industrial Batteries Australia as a result of the Client’s failure to comply with this clause.
5. Price and Payment
5.1 At Industrial Batteries Australia sole discretion the Price shall be either:
(a) as indicated on any invoice provided by Industrial Batteries Australia to the Client; or
(b) Industrial Batteries Australia estimated Price (subject to clause 7) which shall not be deemed binding upon Industrial Batteries Australia as the actual Price can only be determined upon completion of the Services. Industrial Batteries Australia undertakes to keep the Client informed should the actual Price look likely to exceed the original estimate; or
(c) Industrial Batteries Australia quoted price (subject to clause 7) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
5.2 At Industrial Batteries Australia sole discretion a deposit may be required.
5.3 Time for payment for the Goods/Equipment being of the essence, the Price will be payable by the Client on the date/s determined by Industrial Batteries Australia, which may be:
(a) on or before Delivery of the Goods/Equipment;
(b) thirty (30) days following the date of any invoice given to the Client by Industrial Batteries Australia; or
(c) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Industrial Batteries Australia.
5.4 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and Industrial Batteries Australia.
5.5 Industrial Batteries Australia may in its discretion allocate any payment received from the Client towards any invoice that Industrial Batteries Australia determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Industrial Batteries Australia may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Industrial Batteries Australia payment will be deemed to be allocated in such manner as preserves the maximum value of Industrial Batteries Australia Purchase Money Security Interest (as defined in the PPSA) in the Goods/Equipment.
5.6 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by industrial Batteries Australia nor to withhold payment of any invoice because part of that invoice is in dispute.
5.7 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to Industrial Batteries Australia an amount equal to any GST Industrial Batteries Australia must pay for any supply by Industrial Batteries Australia under this or any other agreement for the sale of the Goods of the Equipment. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
6. Product and Manufacturer Warranties
Industrial Batteries Australia Pty Ltd supply a wide range of products to the Australian market, sourced through multiple Manufacturers with varying product Warranty Terms and Conditions associated with these varying products. Specific Warranty Terms and Conditions for all suppplied products can be supplied upon request via email on firstname.lastname@example.org or by direct contact with Head Office on 1300 877 531
For any other further information or requirements, please call Head Office on 1300 877 531, or email email@example.com