TERMS AND CONDITIONS
NQ Shipping Services Pty Ltd Trading as Fluidtec Environmental (Fluidtec) Terms and Conditions (Terms), as amended or replaced from time to time, apply to any hire items, goods or services supplied or to be supplied to the Customer, or any third person on the Customer’s behalf. Any reference to the Customer also includes its respective successors or permitted assigns. The singular includes the plural and the converse. If the Customer constitutes more than one person or entity, the Terms bind each of them jointly and severally.
- PAYMENT:
- The customer must pay the invoiced amount in full prior to delivery, free of any set off, counterclaim or any other deduction unless alternative payment arrangements have been made in writing. NQ Shipping Services Pty Ltd Trading as Fluidtec Environmental (Fluidtec) may allocate payments in any manner it chooses.
- Credit card payments will attract a surcharge fee.
- Payment will be automatically taken from your provided credit card for all extension of hire charges must be paid within 7 days of the invoice date.
- Acceptance of delivery of product and services constitutes customer acceptance of invoice amount and all Terms.
- The price of all goods and services is inclusive of GST
- The customer will pay costs related to debt collection services on outstanding invoices
- A 15% debt collection fee will be added to all accounts that are sent for debt collection for non-payment.
- RISK AND TITLE (OWNERSHIP):
- Risk of any hire items or goods passes to the Customer on delivery.
- Ownership of hire items remains with FLUIDTEC at all times.
- The customer must store any goods or hire items belonging to FLUIDTEC in a manner to prevent any deterioration, theft or damage.
- The Customer shall not sell or offer for sale, mortgage, assign, pledge, encumber or otherwise deal with the hire item or any part thereof in any manner without the express consent of FLUIDTEC.
- ORDERS AND DELIVERY:
- FLUIDTEC reserves the right to vary any prices quoted by FLUIDTEC.
- FLUIDTEC will not be responsible for any failure to fulfil any part of any such order, nor entitle the Customer to cancel or vary any such order.
- A cancellation fee of 50% of the invoice value applies.
- Cancellation of delivery must be advised no later than COB the 2 days prior to the agreed delivery date.
- No refund is given for deposits paid.
- Refunds of monies paid or invoice adjustments will not be available should the Service or product hire be cancelled, delayed or finish early.
- Delivery will be at the driver’s discretion. If there is insufficient access, dangerous conditions or other hazards, delivery may not be effected. The Customer must provide suitable access. The Customer will not be entitled to a refund and may be charged an additional delivery fee in this instance.
- FLUIDTEC will not be liable for any delays. Delays caused by the Customer will incur an additional delivery fee.
- FLUIDTEC may stop goods in transit whether or not delivery has been made if the Customer is in default at any time.
- FLUIDTEC may in its absolute discretion unload hire items at any premises that the customer nominates for delivery. If the Customer is not in attendance at any nominated premises, FLUIDTEC may leave any hire items or goods and FLUIDTEC shall not be responsible for any claims, damages, costs or expenses arising or resulting therein from including any claim that the hire items were not delivered.
- Delivered hire items or goods may not be returned unless defective or damaged in transit. Claims for defective or damaged goods must be notified within 4 hours of delivery and made in writing within 24 hours of delivery. All claims are subject to inspection by FLUIDTEC.
- The hire item shall not be towed or otherwise moved by the Customer without the express permission of FLUIDTEC. Damages, extra pick-up costs, extra service costs or delays caused by this will be at the expense of the Customer.
- The Customer irrevocably authorises FLUIDTEC and any of its lawful agents, at any reasonable time, to enter the Customer’s premises or any premises occupied by the Customer or its agents and re-take any hire items or goods without prejudice to FLUIDTEC’s right to claim the balance of all moneys due. The Customer indemnifies FLUIDTEC in respect of any such entry. The provisions of this clause survive the termination of any security agreement that arises in respect of these terms.
- The Customer shall maintain the hire item in good and serviceable condition. Additional cleaning or maintenance due to lack of care by the Customer will result in additional charges.
- NOTIFICATION:
- If any damage, breakdown or accident occurs to or involves the hire item or goods, the Customer shall forthwith notify FLUIDTEC of all details of the incident as FLUIDTEC may reasonably require.
- CUSTOMER’S LIABILITY:
- The Customer will be liable for and indemnify FLUIDTEC against any loss, expense and/or damage caused to the hire items or goods whilst in the Customer’s possession or under the Customer’s control arising out of whatever circumstance or cause.
- In the event the hire item or goods are lost or destroyed, the Customer shall pay to FLUIDTEC the full replacement value of the hire item or goods within 7 days. In the event of damage caused to the hire item or goods can be repaired, the Customer shall pay the full cost of such repairs within 7 days.
- The Customer shall be liable for the usual daily hire fee from the Pick-up Date until such time as FLUIDTEC is fully compensated for the loss, damage and/or replacement and until such time as the hire item or goods are either able to be replaced or repaired.
- In the event that the Customer is unable or refuses to return the hire item or goods to FLUIDTEC on the Pick-up Date FLUIDTEC may at its discretion and at the expense of the Customer, take such action as it deems necessary to recover possession of the hire item or goods and the Customer hereby permits FLUIDTEC to enter the premises in or on which the hire item or goods are located for recovery purposes.
- FLUIDTEC shall not be liable to the Customer for any loss, damage or expense incurred or sustained by the Customer by any reason of any action taken by FLUIDTEC to recover possession of the hire item or goods.
- CUSTOMER TO INDEMNIFY FLUIDTEC:
- The Customer shall be liable for and indemnify FLUIDTEC, its servants and agents against all claims, damages, suits, actions and demands arising from any loss, damage or injury to any other person or other property arising out of the use, possession or control of the hire item or goods pursuant to these Terms.
- To the extent permitted by law, FLUIDTEC, its servants and agents shall not be liable to the Customer and/or their servants or agents for any loss, cost or damage occasioned to the Customer by any reason of delay, inconvenience, expense, injury or loss of any kind due to any damage or breakdown of the hire items or goods or for any damage to property or for personal injury to the Customer or to any other person arising out of the use of the hire item or goods or for damage to any property whatsoever being conveyed in or by the hire item or goods or for any representation, warranty, term or condition expressed or implied.
- SECURITY AGREEMENT:
- The Customer agrees that these Terms, including any order and invoice covering any goods or hire item ordered by the Customer, constitute a security agreement for purposes of the Terms.
- ENFORCEMENT:
- If an Event of Default occurs or is continuing, FLUIDTEC may immediately enforce these Terms. Without limitation this includes:
- Retaking possession of any hire items or goods not paid for by the customer.
- Suspending delivery of any hire items or goods on order and/or refusing to process any unfulfilled order.
- Enforcing any security interest.
- Requiring payment of any proceeds held by the customer in a separate account or otherwise.
- Appointing a receiver and manager of any of the Customer’s real or personal property. The Customer agrees that any such receiver and manager has the powers conferred by the Corporations Act.
b. The powers exercisable by FLUIDTEC are those given by these Terms including by statute, at law or in equity. - The Customer will pay FLUIDTEC for its expenses, including mercantile agent’s fees and any fees and commission paid to mercantile agents engaged by FLUIDTEC in relation to the actual or contemplated enforcement of the supply agreement including legal costs and expenses on a full indemnity basis.
- FORCE MAJEURE
- FLUIDTEC is not liable for any delay or the failure to perform any obligation in the Customer’s favour arising as a result of any event beyond FLUIDTEC’s control.
- GENERAL
- The customer will advise FLUIDTEC in writing, if it changes its name, its structure or officers or management, its registered office, become a trustee of any trust or if the constitution of any partnership of which it is a member changes.
- Any certificate signed by FLUIDTEC, any director or any other person authorised by FLUIDTEC as to the amount due and payable by the Customer or as to the delivery of goods is conclusive evidence of such matters as at the date of any such certificate unless proven wrong.
- If any provision of these Terms is unenforceable for any reason, it will not invalidate any other provision which will remain in full force and effect despite that invalidity.
- These Terms contain the entire agreement in respect of the supply of hire items, goods or services to the Customer.
- FLUIDTEC may at any time set off any amount FLUIDTEC owes the Customer against any amount payable by the customer to FLUIDTEC whether or not the amount owed FLUIDTEC is due and payable or actually or contingently payable by the Customer.