Terms & Conditions
PAYMENT
The total amount of the invoice is due & payable in full on the date as shown on the invoice.
TITLE
Title to and property in the supplies remains in CDM until payment in full is received by CDM. Failure to make payment in full when due shall give CDM the right to avail itself of any legal remedy with or without notice, including repossession of the supplies and reimbursement of legal costs involved.
RISK OF LOSS
The client assumes risk of loss or damage upon delivery of the supplies to the client or collection by the client.
DELIVERY
Delivery will be made in accordance with CDM established delivery schedule at the time of receipt of the clients order.
PRICING
Prices relate to point of delivery within the metropolitan area unless otherwise stated. Deliveries to locations beyond these areas are subject to freight and insurance charges.
TAXES
In addition to the process shown above, the client agrees to pay the amount equal to any taxes resulting from this invoice, or any activities hereunder exclusive of taxes based on net income. Any personal property taxes assessed on the supplies after delivery by the carrier will be borne by the client. G.S.T. is added to the prices where applicable.
WARRANTIES
CDM warrants that the supplies are free from defects in material and workmanship at the time of delivery or collection by the client as appropriate. All other warranties expressed or implied are excluded.
In the event that the supply of goods pursuant to this invoice is a supply of goods to a consumer as defined in the trade practices act 1974 nothing contained herein excludes, restricts or modifies any condition, warranty, right or remedy which pursuant to that act applies to or is conferred upon the customer provided that to the extent that the act permits CDM to limit its liability for a breach of a condition or warranty implied by that act then CDM’s liability for such breach shall be limited to the payment of the cost of replacing the goods or acquiring equivalent goods.
LIMITATION OF LIABILITY
Subject to the forgoing CDM liability to the client for any cause whatsoever and regardless of the form of the action where in contract or torte including negligence shall be limited to actual damages up to an amount equal to the greater of the purchase price of the items causing the damage of $1000. Under no circumstances will CDM be liable for any lost profits or other consequential damages arising out of the use or inability to use the supplies even if CDM has been advised of the possibility of such damages. The forgoing limitation of liability will not apply to the payment of cost damages awards for personal injury or damage to personal property caused by CDM’s negligence.
GENERAL
If any provisions of this invoice should be held unenforceable the remaining provisions shall not in any way be affected or impaired thereby.
No action arising out of the order may be brought by either party more than three years after the cause of action arose except for nonpayment.
CDM is not responsible for the failure to fulfill its obligations including delivery due to strikes, fire, flood or any other cause whatsoever beyond its reasonable control.
All orders will be governed by the laws of Western Australia.
CDM and the client agree that these terms & conditions shall constitute the entire agreement between the parties with respect to the purchase of supplies and no representation or warranty not expressed herein will be binding on CDM the forgoing terms and conditions will prevail notwithstanding any variance with the terms and conditions of any order submitted by the customer in respect to the purchase of supplies.
