Effective Date: 1 Nov 2020
These Terms and Conditions of Sale apply to the supply and provision of all Goods and/or Services by Launch Alert Australia Pty Ltd (ABN 91 62 8635 585).
It is the sole responsibility of the client/customer to read the Terms and Conditions carefully and pursue legal advice if required before engaging LA Australia.
- These terms and conditions may be amended from time to time or may be withdrawn or replaced.
- Terms and conditions applying to services or the purchase of products from us.
Section A – Doing business with us.
This section applies to products and/or services which are purchased from us.
1. Supply of Services.
1.1 LA Australia will supply the Services to the Customer in accordance with the Quote Quotation Document.
1.2 LA Australia shall use all reasonable endeavours to meet any performance dates for the Services specified in the Quote or Quotation Document, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
1.3 LA Australia reserves the right to amend the Services if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and LA Australia shall notify the Customer in any such event.
1.4 LA Australia warrants to the Customer that the Services will be provided using reasonable care and skill.
1.5 LA Australia agrees to provide the Goods and/or Services to Customer on the basis as stated in the Scope of Works/Proposal/Quotation including by the Supply Date (subject to clause 1.2), at the Supply Address and for the duration as stated in the Scope of Works/Proposal/Quotation, in accordance with the Invoice or Service Agreement.
1.6 LA Australia will determine the method of providing the Goods and/or Services in its discretion and in accordance with the Invoice or Service Agreement.
1.7 LA Australia will provide the Goods and/or Services with care and skill and in a proper and professional manner in compliance with all applicable legislation and Good Industry Practice.
1.8 LA Australia will ensure at all times that its conduct will not bring any discredit upon Customer or cause any unreasonable nuisance or disruption to the Customer.
2.1 If we provide a quotation for a supply that quotation is valid only for seven (7) days from and including the day it is sent to you. After this time, if the quotation has not been accepted, it is deemed withdrawn.
2.2 We reserve the right to withdraw or alter a quotation at any time before it is accepted.
2.3 A quotation is valid only for the products and/or services quoted and any additional products or services requested will be an additional order, for which you must pay the additional price required by us.
3.1 The Rates and Fees payable for the Services are fixed, and inclusive of all taxes (excluding GST), for the duration of the Agreement.
3.2 Unless otherwise stated on the site or in a quotation, the stated price excludes Goods and Services and also any other sales tax, withholding tax, import or export tax or similar excise or levy applying to the order, all of which must be paid by you in addition to the quoted price.
4.1 Orders for products and/ or services may be made by you directly with us. Orders may only be made in the manner set out below or otherwise following the procedures from time to time set by us. If an order is not made in this way we may reject it, with no requirement for us to notify you.
4.2 The date of the order will be the date it is received by us, in the required manner.
4.3 A legal contract for the supply of products and/or services is created only when an order or quotation is accepted by us in writing, or by a properly authorised sales agent or representative on our behalf.
5. Delivery arrangements/ Risk.
5.1 Delivery of products ordered will be made according to the timeframes and freight or shipping arrangements provided for in an accepted order or quotation. If any of these things are not specifically agreed then products will be freighted or shipped to you at your last notified address.
6. Fees, Invoicing, Payment and GST.
6.1 All fees and charges for the Goods and/or any Services shall be as set out in the Quote or Quotation Document and payable on the payment terms as specified in the Quote or
Quotation Document. Where the Quote or Quotation Document does not specify the fees and charges for the Goods and/or Services, then fees will be incurred by the Customer on a ‘do and charge’ basis, in accordance with the fees and charges stipulated by LA Australia.
6.2 All amounts set out in the Quote or Quotation Document are exclusive of GST.
6.3 Where there are no payment terms specified in the Quote or Quotation Document, all payments shall be due 7 days from the invoice date in which the Goods are supplied or the Services provided.
6.4 Fees estimated or quoted in a Scope of Works/Proposal/Quotation are subject to the assumptions and review procedure as stated in the Scope of Works/Proposal/Quotation LA Australia has the right to adjust the Fees on the basis as stated in the Scope of Works/Proposal/Quotation, including if the assumptions are not adhered to.
6.5 Customer must pay all GST, taxes, levies, fees, duties and other amounts imposed by any Authority in relation to Goods and/or Services supplied. Such items are only included in the Fees where a tax invoice states that is the case.
6.6 Taxes and tax invoices: Unless otherwise agreed by LA Australia or as permitted under these Terms and Conditions of Sale, LA Australia will issue tax invoices to Customer at times as set out in the Scope of Works/Proposal/Quotation.
6.7 All tax invoices will comply with the GST Act.
6.8 Payment terms: LA Australia prefers that its Customers pay their tax invoices on the date the invoices are issued, by direct debit to a bank account. Cash accounts must be paid upfront before any Goods and/or Services will be supplied to Customer.
6.9 If the Customer fails to make a payment due to Launch Alert Australia Pty Ltd under this Contract, the Customer shall pay interest on the overdue sum. Such interest will accrue each day at 1.5% per annum above the Reserve Bank of Australia’s overnight cash rate.
6.10 Disputed amounts: If Customer disputes any amount claimed by LA Australia to be due and payable, Customer must pay the undisputed part (if any) of the relevant tax invoice in accordance with clause 6(6.8).
7.1 In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
8. Inspection and Returns.
8.1 You must arrange to inspect products you have purchased when they are delivered or deemed delivered according to the agreed freight or shipping arrangements and you must sign a receipt.
8.2 We do not have to accept a return but we may do so. Any request for a return will be assessed on a case by case basis. In any event no claim for faulty products or an error of supply will be accepted if it is not notified in writing to us within 1 day after delivery to you. This does not however refer to damage in transit, which is provided for according to the freight or shipping terms applying.
8.3 We will not accept returned products unless they are returned otherwise undamaged unused and in their original and undamaged packaging.
9.1 LA Australia warrants to Customer that all Goods and Services supplied are of acceptable quality and fit for their usual purpose and will comply with all applicable Laws.
9.2 Other than as expressly stated set out in these Terms and Conditions of Sale, to the maximum extent permitted by Law no warranties or representations, whether express or implied, are made by LA Australia about the Goods and/or Services.
Section B – General terms and conditions.
8.1 The client agrees to LA Australia using their personal information for marketing purposes & gives LA Australia permission to send out future advertising material.
8.2 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, lockdown, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
8.3 LA Australia shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labour, machinery or materials outside the direct control of LA Australia.
8.4 LA Australia reserves the right to review & make changes to these terms & conditions at any time.