Terms and conditions

TERMS OF SUPPLY

1. Definitions

“the Supplier” means CQ Marine Services atf CQ Marine Services Pty Ltd CAN: 621156296 of 24-26 Charles Street, Yeppoon QLD 4703

“the Customer” means the person(s) or entity who is ordering or buying on webshop.”Goods” means such of the goods and other material supplied by the Supplier to the Customer and shall be a reference to services if applicable.

“Terms” means the terms and conditions contained in this document.t.

2. Orders

Any order received by the Supplier for the supply of Goods and / or the Customer’s acceptance of Goods supplied by the Supplier shall be based on these Terms and to the exclusion of anything to the contrary in the terms of the Customer’s order purporting to override these Terms.

Orders are to be received in writing and in any specific manner required by the Supplier.

3. Return of Goods

Any claim for Goods damaged or short supplied must be made in writing within 2 business days from the date the Goods were delivered and must refer to the original invoice number, date and reason for the claim.

Goods will not be accepted without prior approval in writing by the Supplier and, if approval given must be returned within 5 business days of such approval in original condition.

Return of goods may be considered by completing and returning the Supplier’s “Request for Credit” form by email, within 2 days from the date the Goods were delivered.

Goods will not be accepted without prior approval in writing by the Supplier and, if approval given must be returned within 20 business days of such approval in original condition. Freight costs are borne by the Customer unless agreed otherwise. Goods may be credited for invoice-discounted value after deduction of a handling charge and a fee of $30 per line will be issued if a code 72 (returns only) is used.

Credit for returned Goods will not be allowed on: 1. any Goods with a list price value less than $30 per line; 2.any Goods purchased to special orders which include priority (VOR), emergency, local and overseas purchases ;3.any Goods (including sheet metal) altered or not in original packages, damaged by the Customer or not in original condition of supply; 4. the following items are not eligible for return: hazardous materials, incomplete parts, kits; special tools; all electrical parts; all rubber parts; and 5. any Goods purchased on stock order pricing (applicable to dealers only).

4. Pricing

Prices for Goods are subject to change without notice and shall be those current at the time of delivery of the Goods.

The Supplier reserves the right to change the price in the event of a variation to the Seller’s quotation.

Prices are exclusive of GST, other taxes and duties.

5. Payment

Unless the Customer has a credit account with the Supplier, orders will only be processed after receipt of payment in full.

Otherwise, payment shall be made 30 days from date of invoice unless the Supplier states otherwise.

Payments after 7 days incur an administrative fee of $50 for every attempt to collect payment, plus interest at the rate of 12% per annum calculated on the daily balance.

Any expenses or costs incurred by the Supplier in recovering any outstanding amounts, including debt collection or legal fees (on a solicitor and own client basis), shall be paid by the Customer.

6. Delivery

Specified delivery dates are an estimate only and the Supplier does not warrant that the Goods will be delivered on the delivery date.

The Supplier may deliver the Goods by installments and the Customer will accept such installments without any objection.

If the Goods are available by the delivery date but the Customer is unable to accept delivery of the Goods for any reason, the Supplier may agree to extend the delivery date. If so, the Supplier will store the Goods until the extended delivery date and a storage fee of 5% of the quoted price will be incurred by the Customer for each month or partial month of storage.

All costs associated with the freight of the Goods are to be borne by the Customer unless agreed in writing by the Supplier.

7. Retention of Title

Notwithstanding delivery of the Goods to the Customer, right title and interest in all Goods remain with the Supplier until the Customer has made full payment for Goods sold by the Supplier to the Customer.

Where the Customer has mixed or used the Goods and other materials to create other products (Products), right title and interest in the Products shall immediately pass to the Supplier until the Customer has made full payment for all Goods sold by the Supplier to the Customer.

The Customer shall keep the Goods or Products in a fiduciary capacity as bailee for the Supplier and all proceeds of sale must be paid into a separate account in trust for the Supplier.

Unless notified otherwise by the Supplier, the Supplier grants a licence to the Customer to dispose of the Goods or Products in the normal course of the Customer’s business.

Until the date of full payment, the Customer shall store the Goods or Products so that they are clearly identified as the property of the Supplier and if requested, shall supply within the time specified, an inventory of all of the Supplier’s Goods or Products under the Customer’s control and will allow any representative of the Supplier access to conduct any stock-take without notice.

The Customer shall secure the Goods and Products from risk, damage and theft and keep them fully insured against such risk.

In the event of a default by the Customer in respect of any of these Terms, including the payment of any monies owing, the Supplier shall have the right (without giving notice) to retake possession of the Goods or Products and the Customer hereby authorises the Supplier or its representatives, servants, agents or employees to enter the premises upon which the Goods or Products are housed or stored for the purpose of retaking possession of them and the Supplier shall not be liable for any cost, losses, damages, expenses or other monies incurred or lost by the Customer as a result directly or indirectly of the Supplier retaking possession of the Goods or Products and indemnifies them for any loss or cost incurred in doing so.

If the Supplier retakes possession of the Goods or Products, the Supplier shall be entitled to sell the Goods or Products free of any claim from the Customer.

8. Risk

All Goods shall be at the risk of the Customer from the date the Goods are dispatched for delivery to the Customer and the Customer shall be liable for and shall insure fully against such risk.

9. Exclusion of Liability and Indemnity

In Australia, statutory consumer protection laws, including the Competition and Consumer Act 2000 (Cth), provides the Customer with rights which cannot be excluded (Non-Excludable Rights).

The Supplier disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-Excludable Rights.

To the extent permitted by law, the liability of the Supplier for a breach of a Non-Excludable Right is limited, at the Supplier’s option, to the re-supplying of the Good again or payment of the cost of having it supplied again.

Unless otherwise stated on the Supplier’s invoice, Goods are to be used as “replacement parts only” and are not to be acquired for personal, domestic or household use or consumption.

The Customer indemnifies the Supplier for any loss or cost it incurs from the Customer’s breach of these Terms or any failure to comply with warnings or instructions relating to the Goods issued by the Supplier or the manufacture

10. Force Majeure

If by reason of any fact, circumstance, matter or thing beyond the control of the Supplier, the Supplier is unable to perform in whole or in part any of its obligations, the Supplier shall be released of that obligation and shall not be liable to the Customer whatsoever.

11. Changes of Ownership

Any change of controlling ownership, legal status or financial position of the Customer shall be advised to the Supplier in writing immediately and the Customer indemnifies the Supplier against any loss or damage incurred by it as a result of a failure to advice.

The Supplier may assign this agreement to another related entity or acquirer of the Supplier’s business.

12. Jurisdiction

Any dispute arising between the Supplier and the Customer shall be governed by the law of the State of Queensland and all disputes to be settled shall be subject to the jurisdiction of the appropriate Court in the State of Queensland.