In these terms of trade -“The Customer” means the person (which expression includes any body corporate) specified above, or if no such person is specified, the person to whom these terms are provided by Direct Hospitality. “Direct Hospitality” means the persons or entity trading as Evolve North, including any successors of those persons or entity. “Goods” means any goods sold or provided to the Customer by Direct Hospitality. “Special order” means any order for goods placed by the Customer with Direct Hospitality in circumstances where such goods are not normally stocked by Direct Hospitality.
TERMS TO BE CONTAINED IN EVERY AGREEMENT
These terms of trade shall apply to every provision of goods by Direct Hospitality to the Customer. They constitute a full and complete statement of the agreement between Direct Hospitality and the Customer and no modification or variation of any term of the agreement shall be binding unless it is made in writing and signed by Direct Hospitality. The agreement shall not be modified or varied by the acknowledgement, receipt or acceptance by Direct Hospitality of a purchase order form or other document containing Terms and Conditions put forward by the Customer. Nothing contained in these terms shall be read as excluding, restricting or modifying any conditions or warranties which are implied by legislation (including Schedule 2 of the Competition and Consumer Act 2010) or any other legislation and which cannot be lawfully excluded, restricted or modified by agreement.
DIRECT HOSPITALITY TO PROVIDE GOODS TO THE CUSTOMER
The Customer agrees that in return for Direct Hospitality providing goods to the Customer from time to time it will pay Direct Hospitality’s fees and charges (including GST). Such fees and charges to be calculated based on Direct Hospitality’s schedule of charges applicable at the time of order; such schedule being available upon request.
DELIVERY OF GOODS
Direct Hospitality will endeavour to supply the goods in a timely manner. However, unless otherwise agreed in writing, provides no guarantee as to the timing of delivery of the goods. In the absence of an express written guarantee as to the timing of delivery, no liability whatsoever shall exist on Direct Hospitality’s part to the Customer in relation to any delay or failure to deliver the goods, (other than in the case of failure to deliver the goods at all, refund of any purchase price which may have been paid).
SEVERABILITY OF PROVISIONS
Any provision or part of these terms which is deemed to be unenforceable shall be severable in whole or in part and shall not affect the remaining terms of the agreement or the portion of the particular term from.
The rights and obligations of Direct Hospitality and the Customer under these general terms shall be governed in all respects by the Laws of the State of Victoria which the part has been severed.
COMPETITION AND CONSUMER ACT 2010
Where the Terms of Trade would otherwise be subject to the Competition and Consumer Act 2010 (“Act”), the Customer agrees that the Customer is acquiring the Goods for business purposes and that the Act does not apply to the supply of the Goods to the Customer.
If the Customer is a consumer as defined in section 4B of the Competition and Consumer Act 2010, and the Customer has not contracted out of the Act under clause 10(a) of these Terms of Trade, nothing in these Terms of Trade will limit any rights the Customer may have under this Act.
PRIVACY ACT 1988
The Customer agrees that this information is being collected in accordance with the Privacy Act 1988 and that the Customer has rights of access to and correction of personal information held by Direct Hospitality. The Customer agrees and authorises Direct Hospitality to obtain or divulge any information about the Customer from or to any third party in the course of our business activities including credit assessment, debt collection and direct marketing activities.
The Customer and the Customer’s guarantor/s authorise Direct Hospitality to collect and hold personal information from any source Direct Hospitality considers appropriate for the purposes of considering your credit worthiness, marketing activities, debt collection purposes and any other purpose related to Direct Hospitality providing Goods to the Customer. The Customer further authorises Direct Hospitality to disclose personal information held by Direct Hospitality to any third party for the purposes set out above. The Customer understands that the Customer has a right of access and may request correction of personal information held by Direct Hospitality about the Customer.
In the case of special orders those orders may not be cancelled by the customer and the customer shall be compelled to take delivery of the goods and make payment of the purchase price in accordance with the terms of this agreement; and In the event of cancellation of orders other than special orders the Customer shall be liable to pay to Direct Hospitality a “restocking fee” such amount being the equivalent of 20% of the value of the order.