Terms of Sale
Standard Terms and Conditions
(a) Fleet means Fleet Space Technologies Pty Ltd ACN 607 948 729.
(b) Customer means any person, body corporate or entity which purchases or orders the Goods from Fleet.
(c) Conditions means these terms and conditions for the supply of the Goods by Fleet to the Customer, as amended or varied in writing by Fleet.
(d) Contract means a contract between Fleet and the Customer for the sale of the Goods.
(e) Goods means all goods delivered by Fleet to the Customer or to be delivered by Fleet to the Customer
2. Application of Conditions
These Conditions apply to all orders placed by the Customer with Fleet unless otherwise agreed in writing by a duly authorised officer of Fleet.
Any order made by the Customer is not binding on Fleet until accepted by Fleet. A Contract will be formed upon the acceptance by Fleet of an order for the Goods by the Customer. The Customer acknowledges that it will be bound by these Conditions which will form part of the Contract. The Contract may only be varied with Fleet's prior written consent. To the extent any conflict exists between these Conditions and any other documentation or correspondence forming part of the Contract, these Conditions are paramount and prevail.
No terms stated by the Customer in making an order will be binding upon Fleet unless accepted in writing by a duly authorised officer of Fleet.
These Conditions supersede all terms and conditions of sale previously issued by Fleet.
Any quotation issued by Fleet is not and will not be construed as an offer capable of acceptance by the Customer.
3. Fleet may decline order
Fleet reserves the right, in its sole discretion, to decline any order or part thereof. Any order or part thereof not accepted is deemed cancelled.
4. Governing Law & Submission to jurisdiction
All of the Conditions and the Contracts will be governed by and interpreted in accordance with the laws of the State of New South Wales, Australia.
5. Cancellation of Orders
An order accepted by Fleet cannot be cancelled. No application for cancellation or delay in delivery will be considered unless made by the Customer in writing to Fleet. Fleet will consider an application for cancellation or delay in delivery in its sole discretion.
Unless otherwise agreed in writing by the parties, prices are as set out in the current price list issued from time to time by Fleet or advertised on Fleet's website plus any GST payable by Fleet and are subject to variation by Fleet without notice.
The price for any Goods does not include the costs of delivery of the Goods and all costs, charges or expenses incurred by Fleet in relation to delivery are payable by the Customer. Any GST payable by Fleet in respect of the supply of the Goods will be paid by the Customer to Fleet. The Customer must supply Fleet with its ABN prior to, or at the time of, placing an order with Fleet.
Fleet will invoice the Customer at the time of purchase of the Goods.
Unless otherwise agreed in writing by Fleet, payment by the Customer to Fleet will be made at the time of purchase of the Goods.
8. Payment Default
If the Customer defaults in payment or breaches these Conditions then it will be liable for all costs incurred by Fleet and will indemnify Fleet against any loss, liability, charge, expense, outgoing or payment which Fleet suffers, incurs or is liable for in respect of the recovery of monies owing by the Customer to Fleet.
Goods purchased by the Customer will be taken to have been delivered at Fleet's premises and Fleet will arrange dispatch to the Customer’s nominated address. Fleet reserves the right to make deliveries of any order by instalments.
Subject to clause 13, Fleet will not be liable in any way for any failure or delay in delivery or for any loss or damage resulting directly or indirectly from any failure or delay in delivery of the Goods irrespective of whether such failure or delay is negligent or within Fleet's control or otherwise.
Fleet reserves the right to withhold deliveries if:
(a) Fleet, in its sole discretion, considers that the financial condition of the Customer so warrants and that such action is advisable to protect Fleet's interests; or
(b) the terms of payment for any Goods are not strictly adhered to by the Customer.
10. Return of Goods
No Goods will be returned unless:
(a) prior consent has been given by Fleet;
(b) the correct invoice number is quoted on the Customer’s return docket;
(c) the returns are made within five business days after delivery; and
(d) the reason for return is clearly stated on the Customer’s return docket.
The Customer will not be entitled to return the Goods to Fleet except as stated above or with the written consent of Fleet, at the discretion of Fleet. All Goods returned will be subject to a handling charge of 15% of the invoice price of the Goods and the Customer will pay all return freight costs.
Risk in the Goods passes to the Customer on dispatch of the Goods from Fleet's premises and from that time the Customer assumes all risk of loss and damage to the Goods including without limitation all loss or damage in the course of delivery and unloading the Goods following delivery.
12. Warranty and Liability
(a) Subject to any condition, warranty or right implied by the Australian Consumer Law (ACL) or any other law which cannot by law be excluded by agreement, or any express provision in these Conditions, Fleet gives no warranties regarding any Goods supplied and all other implied conditions, warranties and rights are excluded. Where any condition, warranty or right is implied by law and cannot be excluded, Fleet limits its liability for breach of that implied condition, warranty or right to the extent permitted by law.
(b) Subject to the qualifications in section 64 of the ACL or any other law, Fleet's liability for any breach of any implied condition, warranty or right in connection with the supply of Goods is limited to one of the following (at the election of Fleet):
(i) replacement of the Goods or supply of equivalent goods;
(ii) payment of the cost of replacing the Goods or acquiring equivalent goods.
(c) Subject to clauses 13(a) and (b) and despite any implication arising from any other provisions of these Conditions:
(i) to the fullest extent permitted by law, Fleet will only be liable for defective Goods if the Customer notifies Fleet in writing of the defective Goods within five business days after the date of receipt and Fleet accepts such liability;
(ii) Fleet is not liable to the Customer, its servants, agents or contractors, in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any indirect or consequential loss or damage including without limitation financial loss or expense including loss of opportunity, loss of profits or loss of goodwill suffered by the Customer or any other person arising directly or indirectly out of or in any way attributable to the Goods, or their delivery, or the performance of the Contract for the sale of the Goods upon these Conditions even if that loss or damage was in the contemplation of the parties at the time of entry into the Contract; and
(iii) subject to clause 10, the aggregate liability of Fleet in contract, in tort (including negligence), under statute (to the extent permitted by law) or otherwise for, or in respect of, any loss or damage arising directly or indirectly out of or in any way attributable to the Goods, or their delivery, or the performance of the Contract will not exceed the amount payable to Fleet under the Contract.
(d) Where Fleet elects to replace the Goods Fleet will credit the cost of the Goods being replaced and will replace them as soon as possible with other Goods of the same or equivalent kind at the price charged for the original Goods and otherwise upon the same terms and conditions as those to which the original Goods were subject.
13. Termination by Fleet
Without prejudice to any of its other rights, powers or remedies, Fleet may cancel any order for the delivery of Goods and terminate any contract governed by these Conditions if:
(a) the terms of payment for any Goods delivered to the Customer by Fleet have not been strictly adhered to by the Customer;
(b) the Customer defaults under any of its obligations under these Conditions;
(c) the Customer becomes insolvent, commits an act of bankruptcy or, being a company, a liquidator, provisional liquidator, receiver, receiver and manager, administrator or official manager is appointed in respect of the Customer, a mortgagee goes into possession of the Customer's assets or business, an application is made to appoint a liquidator or to have the company wound up, the Customer is made subject to the supervision of a court or enters into a scheme of arrangement with its creditors or if anything analogous occurs in respect of the Customer, and
then Fleet will be released from all liability under the Contract.
Fleet will be entitled to payment for all Goods delivered up to the effective date of termination. Termination of a Contract is without prejudice to the rights of Fleet accruing up to the date of termination.
14. Intellectual Property
The supply of Goods to the Customer does not constitute a transfer of any intellectual property rights in the Goods or any part thereof. The Customer must not do any thing inconsistent with or in infringement of such intellectual property rights.
15. Fleet's Obligations
(a) Notwithstanding any other provision of these Conditions, if the Customer breaches a term of a Contract, Fleet is not bound to perform its obligations under that Contract until the breach is remedied by the Customer.
(b) Fleet is not liable for any failure to observe its obligations under these Conditions where such failure is wholly or substantially due to a force majeure event, which includes any cause beyond the control of Fleet, including strike, industrial action, war, sabotage, terrorist activity, national emergency, blockade or governmental action, inaction or request, and act of God.