Terms Of Trade
Standard Terms & Conditions of Trade
These Terms, together with: (a) any Trade Application You completed and submitted to IBought.com.au; (b) any Guarantee(s) You completed and submitted to IBought.com.au; (c) each Quotation provided to You by IBought.com.au, whether signed or not; and (d) any special terms specific to the Quotation You have received from IBought.com.au and any other work authorisation or other forms make up the agreement (the "Agreement") between You and IBought.com.au.
It is important that You read and understand all of the terms and conditions of the Agreement. If You have any questions please ask IBought.com.au.
"Consequential Loss" means any indirect or consequential loss or damage however caused including, (a) loss of (or anticipated loss of) use, production, revenue, income, profits, business and savings or business interruption whether or not the indirect or consequential loss or damage was foreseeable or foreseen; and (b) any liability of a person or any other person, or any claim brought against the person by any other person, and any other costs or expenses in connection with the liability or claim.
"Equipment" means any of IBought.com.au’s equipment, plant, goods or other accessories supplied or used by You under this Agreement.
"Goods and Services" means all Equipment and services that IBought.com.au provides or sells to You under this Agreement.
"Guarantee" means any guarantee required in the Quotation.
"GST" means goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
"Price" means price payable by You under this Agreement in Australian dollars as specified in the Quotation, IBought.com.au invoices or as otherwise determined by IBought.com.au and will be subject to additional GST, freight and installation charges unless otherwise specified.
"Quotation" means the document provided by IBought.com.au to You which defines the Quotation and offer, including but not limited to the Goods and Services.
"Regulatory Authority" means any public authority or government agency responsible for regulating the performance of the works that are the subject of the Quotation.
"Trade Account" means You have properly completed and submitted a Trade Application to IBought.com.au and IBought.com.au has approved You for an account with IBought.com.au.
"You/Your" refers to the person, firm, organisation, partnership, corporation, trust or other entity engaging IBought.com.au to provide Goods and Services to You, as named in the Trade Application or the Quotation (where You do not hold a Trade Account). The reference to "You" includes any employees, agents and contractors.
- IBOUGHT.COM.AU COMMITMENT
IBought.com.au agree to supply the Goods and Services for You according to the Quotation to a reasonable standard.
- FAIR TRADING
4.1 Nothing in this Agreement is intended to have the effect of seeking to contract out of any applicable provisions of the Competition and Consumer Act 2010 and similar applicable legislation in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
4.2 IBought.com.au may vary its advertised prices at any time without notice.
4.3 Stock levels are shown on IBought.com.au’s website as an indication only and are not updated live.
4.4 Products shown on the IBought.com.au website are for reference only and the actual product may differ from the website image and description.
- ACCEPTANCE AND CHARGES
5.1 Any instructions received by IBought.com.au from You whether written or verbal for the supply of the Goods and Services shall constitute the acceptance of the terms of this Agreement.
5.2 Your liability to IBought.com.au under this Agreement shall be joint and several if You constitutes more than one contracting party to this Agreement.
5.3 The terms of this Agreement override and take priority over all earlier dealings between You and IBought.com.au, the terms of any purchase order placed by You or any other conditions that You seek to incorporate into any agreement between You and IBought.com.au.
5.4 You agree that the Terms of this Agreement cannot be excluded or overridden except by the signed and written authority of one of IBought.com.au’s Directors that is clearly marked to be a variation to this Agreement.
5.5 An order by You for the supply of Good and Services may only be cancelled by You with the written consent of IBought.com.au.
5.6 The Terms of this Agreement shall apply to all Goods and Services supplied by IBought.com.au to You including repairs, rentals and training.
6.1 You agree to pay the Price to IBought.com.au.
6.2 In addition to Price, You agree that You will be required to pay: (a) if You require IBought.com.au to deliver or collect Equipment, the cost of delivery or collection; (b) any stamp duty or GST arising out of this Agreement; (c) if You request site instruction or training relating to the provision of the Goods and Services, the cost these services at rates agreed with IBought.com.au.
6.3 IBought.com.au reserves the right to change the Price of a Quotation in the event of any unforseen circumstances including (without limitation) any additional taxation, duty, levy, charge or other impost that is imposed on IBought.com.au’s services by a Regulatory Authority or any other person.
7.1 You must pay all fees, charges and costs that become due and payable under this Agreement in advance of the provision of the Goods and Services unless IBought.com.au agrees otherwise and if IBought.com.au agrees otherwise all fees, charges and costs that become due and payable under this Agreement shall be paid by You the within 14 days of the date of the invoice unless otherwise agreed.
7.2 Payment of the Price that is due and payable shall occur when the entire amount of the Price that is due has been paid by You to IBought.com.au and IBought.com.au have received cleared funds in IBought.com.au’s bank account.
7.3 Payments of the Price made by American Express cards and PAYPAL shall attract an additional 2.0% surcharge fee on the Price and payments by Mastercard and Visa shall attract an additional 1.0% surcharge fee on the Price.
7.4 The value of Goods and Services performed shall include the reasonable value of authorised variations.
7.5 If You do not pay the invoice in full by the payment due date, IBought.com.au reserves the right to charge, in addition to any other costs recoverable under this Agreement: (a) interest, calculated monthly, on the total outstanding balance. The interest rate used to calculate the interest payable for the month is the 90-day Bank Bill Swap Rate published on the first business day of that month plus 2%; and (b) any costs and expenses (including any commission payable) incurred by IBought.com.au in recovering any unpaid amounts under this Agreement before and after the commencement of proceedings on a full indemnity basis.
7.6 Any description with PRE-ORDER in the title is subject to the following. Pre-Order pricing is listed as a deposit price only. Full price will be finalised once we have a confirmed price from the manufacturer. Our online team will contact you once price has been confirmed to source the additional funds.
7.7 Online order paid via MasterCard, VISA or AMEX take 24 hours to clear. We cannot dispatch any goods until monies are cleared into our account. PayPal monies are cleared instantly and we can dispatch goods if orders are placed before 12pm
7.8 If IBought.com.au makes a genuine mistake or error in its pricing, description or website content relating to Goods and Services, IBought.com.au will not be bound to supply the Goods and Services to You irrespective of whether You have paid the Price and or received an invoice or order confirmation. If You have paid the Price for the Goods and Services it will be refunded to You.
- YOUR OBLIGATIONS
8.1 You must not allow nor authorise any other person or entity to take possession of IBought.com.au’s Equipment used to provide the Goods and Services at any time.
8.2 When IBought.com.au are supplying the Goods and Services, You and Your employees, agents and contractors must:
- operate in strict accordance with all laws; and
- ensure persons are suitably trained.
8.3 You will allow IBought.com.au to enter Your premises and inspect the Equipment during the during the supply of IBought.com.au Goods and Services.
8.4 Delivery of the Equipment shall take place when:
- You take possession of the Equipment at IBought.com.au’s premises; or
- You take possession of the Equipment at Your nominated address.
8.5 You shall make all arrangements necessary to take delivery of Equipment (whether as a whole or in a number of part deliveries) whenever You are notified by IBought.com.au that it is ready for delivery. In the event that You are unable to take delivery of the Equipment as arranged, IBought.com.au shall be entitled to charge a reasonable fee for IBought.com.au’s attempted delivery.
8.6 If You have an Australia Post MyPost Account and You select an alternative delivery address for Equipment, to the address originally supplied by You to IBought.com.au, IBought.com.au shall have no liability to You, or any third party, for any loss or damage howsoever caused in the supply of the Equipment.
8.7 If You arrange an alternative delivery address for Equipment, to the address originally supplied by You to IBought.com.au, with IBought.com.au’s delivery partner, IBought.com.au shall have no liability to You, or any third party, for any loss or damage howsoever caused in the supply of the Equipment.
- TITLE AND RISK
9.1 You acknowledge that IBought.com.au own any Equipment used in the provision of IBought.com.au Goods and Services and in all circumstances IBought.com.au retain title to the Equipment (even if You go into liquidation or become bankrupt).
9.2 Legal title to Equipment sold to You by IBought.com.au remains with IBought.com.au until cleared funds have been received into IBought.com.au’s bank account for the Equipment. Legal title to the Equipment passes to You immediately after cleared funds have been received into IBought.com.au’s bank account for the Equipment.
9.3 The Equipment is at Your risk:
- immediately upon You having legal title to the Equipment;
- at any time that the Equipment sold to you is not in the possession of IBought.com.au;
- when the Equipment is in transit for delivery to You (or in accordance with your instructions) and for the avoidance of doubt it is Your obligation to insure the Equipment during delivery.
9.4 You are not entitled to offer, sell, assign, sub-let, charge, mortgage, pledge or create any form of security interest over, or otherwise deal with IBought.com.au equipment hired or loaned to You in any way.
9.5 In no circumstances will any of IBought.com.au Equipment be deemed to be a fixture.
9.6 You agree that IBought.com.au shall be entitled to register and maintain a security interest against You under the Personal Property Securities Act 2009 to secure any part of the Price payable by You for Equipment supplied to You.
9.7 Any goods held on Your behalf are at Your risk and You shall be responsible for insuring such goods.
10.1 You will indemnify IBought.com.au on an actual indemnity basis absolutely against all losses (including but not limited to Consequential Loss), damages, claims, demands, suits, actions, proceedings, orders or judgments whatsoever arising out of or in respect of the provision of the Goods and Services by IBought.com.au for You.
10.2 The existence of any alternative means available to IBought.com.au to obtain the payment of the moneys due or to enforce the due and punctual observance and performance of this indemnity shall not operate to vary, affect or modify all or any one or more of Your obligations or covenants expressed herein. Any extension of time, or other indulgence granted to You, any person or company by IBought.com.au does not vary, affect or modify any of Your obligations so expressed herein.
10.3 Any written account stated by IBought.com.au is prima facie evidence of the balance of the amount then appearing due to IBought.com.au by You under this indemnity.
- RECOVERY AND LIEN
11.1 If You are in breach of the Agreement, including by not paying the Price for Goods and Services as required under this Agreement, or if the Agreement has been terminated IBought.com.au may take all steps necessary (including legal action) to recover IBought.com.au’s Equipment, including entering Your premises to do so and to recover the Price that You should have paid under the Agreement. Upon receiving written notice from IBought.com.au, You expressly consent to IBought.com.au entering Your premises for the purposes of recovering IBought.com.au’s Equipment.
11.2 All goods or items (without limitation) belonging to You, including goods or items that You leave with IBought.com.au for repair, service etc shall be subject to a particular and general lien for moneys due in respect of any Goods and Services supplied by IBought.com.au for You.
11.3 If any moneys due to IBought.com.au are not paid within one calendar month after written notice has been given in writing to You that such goods or items are detained, they may be sold by auction or otherwise at IBought.com.au’s sole discretion and at Your expense and the proceeds applied in or towards satisfaction of such particular and general lien.
11.4 You agree that IBought.com.au’s possession of Your goods or items under clause 11 of this Agreement is as bailee and that IBought.com.au has the right to dispose of your goods and items under the terms of this Agreement. 11.5 The provisions of the Disposal of Uncollected Goods Act 1970 and all regulations made under that Act are excluded from the provisions of and application to this Agreement.
- EXCLUSION OF LIABILITY
12.1 Notwithstanding anything to contrary in the Agreement
(a) IBought.com.au will not be liable to You, or any third party, for any loss or damage (including but not limited to Consequential Loss) howsoever caused in the supply of Goods and Services; and
(b) IBought.com.au’s liability under or in connection with the Agreement is limited an amount equal to the cost of Goods and Services actually supplied.
12.2 If any event arises which is likely to lead to any dispute or claim, You must notify IBought.com.au in writing of the same within fourteen (14) days of the event. If You shall fail to comply with this provision then all Goods and Services provided by IBought.com.au shall be deemed to have been provided in accordance with this Agreement and free from any disputes or claims.
12.3 This Agreement does not seek to exclude liability for matters for which liability cannot be excluded under Australian legislation.
- INSPECTION OF GOODS, RETURN, WARRANTY ETC.
13.1 You must inspect Equipment delivered by IBought.com.au upon receipt and advise IBought.com.au of any faults or shortages within 48 hours of delivery.
13.2 If inspection of our Equipment upon receipt is not possible You must note on the carrier’s receipt that inspection of the Equipment has not taken place and in these circumstances you must advise IBought.com.au of any faults or shortages within 72 hours of delivery.
13.3 You agree that IBought.com.au is not responsible for determining the fitness for a particular purpose of the Goods and Services unless IBought.com.au has stated in writing in advance of a contract for the provision of Goods and Services that the Goods and Services are fit for a particular purpose. You agree that You are responsible for determining the type of Goods and Services that You require.
13.4 Goods supplied shall have the benefit of any warranty given by a manufacturer.
13.5 Please choose Equipment carefully as You are not entitled to a refund if You simply change Your mind. At IBought.com.au’s discretion we may offer a store credit or exchange for Equipment that is unopened from stock if it is returned with 7 days of purchase. The store credit or exchange will be subject to a 20% of the Price restocking fee.
- GOVERNING LAW
The Agreement is governed by the laws of the State of Western Australia and each party submits to the non-exclusive jurisdiction of the courts of that Western Australia.
- ENTIRE AGREEMENT
The Agreement as defined, comprises the entire agreement between the parties. No additional terms and conditions (including any terms contained in any purchase order) apply to the provision of the Goods and Services unless they are specifically agreed in writing by the parties and they are stated to be a written variation to this Agreement.
- ACTS OF GOD
IBought.com.au will not be responsible for any delays in delivery, installation or collection of Equipment or the provision of IBought.com.au’s Goods and Services due to causes beyond IBought.com.au’s control including but not limited to acts of God, war, terrorism, mobilisation, civil commotion, riots, embargoes, orders or regulations of governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or land transportation.
- TIME IS OF THE ESSENCE
Time is of the essence for all provisions of this Agreement including the payment of the Price.
- DISPUTE RESOLUTION
Resolution of disputes
Unless otherwise expressly stipulated in this Agreement, a party must not commence court proceedings (except proceedings seeking urgent interlocutory relief) in respect of any dispute under the Agreement unless it has complied with the remainder of this clause 18.
Notice of dispute
If a party considers that a dispute exists in connection with the Agreement, that party may give the other party written notice detailing the nature of the dispute (Notice of Dispute).
If 15 business days after a Notice of Dispute is issued, the parties have not resolved the dispute or agreed an alternative means of resolving the dispute, then either party may commence mediation by giving notice to the other party but either party may end the process of mediation at any time by written notice.
- MISCELLANEOUS PROVISIONS
The rights and obligations of each party under this Agreement may only be assigned with the prior written permission of the other party.
No Partnership or Agency
Nothing in this Agreement is intended to create a partnership between the parties. IBought.com.au shall act as an independent contractor to You and not as an agent or representative of You in performing IBought.com.au’s obligations under this Agreement. You acknowledge that neither You nor any of Your staff has any authority to bind IBought.com.au.
A waiver of any provision of or right under the Agreement must be in writing signed by the party entitled to the benefit of that provision or right and is effective only to the extent set out in the written waiver.
Any notice, demand, consent or other communication given or made under this Contract must be in writing, clearly readable, signed by the party giving or making it (or signed on behalf of that party by its authorised representative).
The Agreement may be altered only in writing signed by both parties.
If any provision contained in the Agreement is void, illegal or unenforceable, that provision is severable from the Agreement and the remainder of the Agreement has full force and effect.