1. Definitions
1.1 “RealTrack” shall mean RealTrack Pty Ltd its successors and assigns or any person acting on behalf of and with the authority of RealTrack Pty Ltd.
1.2 “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by the RealTrack to the Client.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 “Goods/Services” shall mean Goods/Services supplied by the RealTrack to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the RealTrack to the Client.
1.5 “Services” shall mean all Services supplied by the RealTrack to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods/Services as defined above).
1.6 “Price” shall mean the price payable for the Goods/Services as agreed between the RealTrack and the Client in accordance with clause 3 of this contract.
2. Acceptance
2.1 Any instructions received by the RealTrack from the Client for the supply of Goods/Services/Services and/or the Client’s acceptance of Goods/Services/Services supplied by the RealTrack shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of the RealTrack.
2.4 The Client shall give the RealTrack not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by the RealTrack as a result of the Client’s failure to comply with this clause.
3. Price And Payment
3.1 At the RealTrack’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by the RealTrack to the Client in respect of Goods/Services/Services supplied; or
(b) the RealTrack’s quoted Price (subject to clause 3.2) which shall be binding upon the RealTrack provided that the Client shall accept the RealTrack’s quotation in writing within thirty (30) days.
3.2 The RealTrack reserves the right to change the Price in the event of a variation to the RealTrack’s quotation.
3.3 At the RealTrack’s sole discretion a deposit may be required.
3.4 At the RealTrack’s sole discretion:
(a) Payment shall be due on delivery of the Goods/Services/Services; or
(b) Payment for approved Clients shall be made by installments in accordance with the RealTrack’s payment schedule.
3.5 Time for payment for the Goods/Services shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
3.6 Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Client and the RealTrack.
3.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. Delivery Of Goods/Services
4.1 At the RealTrack’s sole discretion delivery of the Goods/Services shall take place when:
(a) the Client takes possession of the Goods/Services at the RealTrack’s address; or
(b) the Client takes possession of the Goods/Services at the Client’s nominated address (in the event that the Goods/Services are delivered by the RealTrack or the RealTrack’s nominated carrier).
4.2 At the RealTrack’s sole discretion the costs of delivery are:
(a) in addition to the Price; or
(b) for the Client’s account.
4.3 The Client shall make all arrangements necessary to take delivery of the Goods/Services whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods/Services as arranged then the RealTrack shall be entitled to charge a reasonable fee for redelivery.
4.4 Delivery of the Goods/Services to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
4.5 The failure of the RealTrack to deliver shall not entitle either party to treat this contract as repudiated.
4.6 The RealTrack shall not be liable for any loss or damage whatever due to failure by the RealTrack to deliver the Goods/Services (or any of them) promptly or at all.
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