'Wizid Pty Ltd' to be herein referred to as 'Wizid'
1. Buyer's Statutory Rights
These conditions do not affect the rights, entitlements and remedies con-ferred on a purchaser who is a consumer under any affecting legislation.
"Buyer" shall mean the entity referred to on the credit application (Applicant Business), its successors and assigns. Where there is more than one buyer, the obligations of the buyers are joint and several. "Insolvent" means: For an individual, bankruptcy or the signing of a controlling trustee's authority under Part X Bankruptcy Act 1966 (C'th); For a company, the appointment of any receiver or receiver and manager; and/or the appointment of a voluntary administrator; and/or the entry into possession of any assets of the company by a "controller" as defined in the Corporations Act 2001; and/or the appointment of a provisional liquidator and/or liquidator (other than in the context of a members voluntary winding - up); and/or the failure of the company to comply with a notice pursuant to section 459E of the Corporations Act 2001."Wizid" means Wizid Pty Ltd (ABN 85 077 458 087) and any related bodies corporate as defined in section 50 of the Corporations Act 2001.
Unless otherwise expressly agreed in writing, the price of the goods shall be the price charged by Wizid at the date of order, plus any Goods and Services Tax ("GST") and any sales or other taxes or charges upon the goods, or on the manufacture, use, sales or delivery thereof.
4. Terms of Payment
Unless otherwise expressly agreed in writing, full payment of the price is to be made by the buyer to Wizid within 30 days from the date of the month of the invoice. If the total order exceeds $2,000.00, a deposit is required upon placing order, the remainder balance is due to Wizid within 30 days from invoice date. Deposit to be at Wizid's discretion.
5. Returns and Claims
Goods will only be accepted for credit if returned within 14 days of date of delivery (10% restocking fee applies to goods returned) and must be accompanied by a request for credit quoting the original invoice and/or delivery docket number, the purchase order number, date and reason for return. Prior notification of the return of goods is required, at which point a returns and claims number will be allocated which must be quoted at the time of return.
The acceptance of such goods does not imply an agreement to issue a credit note. Goods are subject to inspection and approval. Freight will be at the expense of the purchaser unless the goods were supplied incorrectly. No credit will be allowed for; Goods which are specifically manufactured or printed to the specifications of the purchaser; Goods which have been used, modified or damaged; or Goods with an alleged deficiency or discrepancy where the purchaser has failed to open and check all items supplied within 7 days of delivery and report any such claim to Wizid within the said 7 days. Buyer supplied material - Wizid shall be indemnified for any direct, indirect or consequential loss or damage caused to goods provided to Wizid by the Buyer.
6. Delivery of Goods
Delivery of goods may be within 3-21 days depending on the type of goods ordered. More precise delivery time estimates can be found on each product page.
Delays - The date for delivery is the estimated date for delivery only and Wizid will be under no liability for any loss or damage if the goods are not delivered by that date. Part delivery - Wizid reserves the right to deliver goods in whole or in part as well prior to the date for delivery and in such event the Buyer shall not refuse to take delivery of the goods.
Where the goods are delivered in part each part delivery shall be deemed to be sold under a separate contract. Any failure on the part of Wizid to deliver part of the order within any specified time will not entitle the Buyer to repudiate the contract with regard to the balance remaining undelivered. Storage costs - Wizid reserves the right to charge for storage costs if the Buyer advises there has been a delay in delivery date after Wizid has already imported and/or printed the goods.
The risk in the goods shall pass to the Buyer upon delivery to the Buyer, or its agents, or to a place nominated by the Buyer, or to a carrier contracted by the Buyer.
8. Reservation of Title
The title to the subject goods shall not pass to the Buyer until payment in full of the purchase price and all other monies owing for any reason by the Buyer to Wizid. The Buyer shall in the meantime take custody of the goods and retain them as the fiduciary agent and bailee of Wizid. The Buyer may resell the goods but only as fiduciary agent for Wizid. Any right to bind Wizid to any liability to any third party by contract or otherwise is however expressly negatived.
Any such resale is to be at arm's length and on market terms. Pending resale or utilisation in any importing or printing process, the goods are to be kept separate from the Buyer's own property, and are to be properly stored, protected and insured. The Buyer will receive all proceeds whether tangible or intangible, direct or indirect of any dealing with such goods in trust for Wizid and will keep such proceeds in a separate account until the liability to Wizid shall have been discharged. Wizid is to have power to appropriate payments to such goods and accounts as it thinks fit, notwithstanding any appropriation by the Buyer to the contrary.
In the event the Buyer uses the goods in some other process of its own or some third party's, then the Buyer shall hold such part of the proceeds of such process as relates to the goods in trust for Wizid. Such part shall be deemed to equal in dollar terms the amount owing by the Buyer to Wizid at the time of the receipt of such proceeds.
The applicant being an individual(s) agree(s) that Wizid may use and seek: From credit reporting agencies, the type of information listed and for the purposes stated below: A consumer credit report in order to assess this application for commercial credit. A consumer credit report for the purpose of assisting in the collection of overdue payments in respect of commercial credit provided by the company.
To exchange information with other credit providers as to the status of their credit provided to this application where the applicant(s) is/are in default with other credit providers: From a credit provider (named in this application or in a credit report), personal information including credit worthiness, credit standing, credit history or credit capacity of the applicant(s) as permitted under the Privacy Act for the following purpose:
i) To assess this application for credit.
ii) To notify other credit providers of a default by the applicant.
iii) To exchange information with other credit providers as to the status of the credit provided to.
If the Buyer fails to pay all or any part of the Buyer's total indebtedness to Wizid or an event of default as specified below occurs, Wizid may without notice and without prejudice to any of its other rights and remedies repossess, recover, and/or resell the goods or any of them and may enter upon the Buyer's premises for that purpose.
Events of default include: Any default being by the Buyer in payment of any sum due to Wizid. If the Buyer becomes insolvent. If the Buyer indicates to Wizid that it intends to not comply with any of these terms of trade, or to not comply with any other terms of trade, between the Buyer and Wizid. If an event of default occurs, Wizid may, without prejudice to any other remedy available to it, withhold any further deliveries or cancel any contract or agreement between it and the Buyer.
The Buyer warrants that any goods supplied by Wizid to it, are based upon the specifications required by the Buyer to Wizid. The Buyer warrants that it has relied upon its own inquiries in entering into this agreement and has not relied upon any representations, statements, warranties and/or conditions regarding the goods or and conditions which cannot be excluded as a matter of law, including by statute.
Wizid shall not be liable for any loss or damage however arising from the goods, or services provided by Wizid save that: The Buyer shall within 7 days of delivery of the goods give written notice to Wizid of any matter or thing for which the Buyer alleges that the goods are not in accordance with the contractual arrangements for the supply of the goods by Wizid to the Buyer; and Wizid's liability is limited in those circumstances, if it accepts the Buyer's assertions to the replacement at the option Wizid of the goods supplied, and which arise from defects in materials or workmanship to the goods only.
Any failure by Wizid to insist upon strict performance of any of these conditions shall not be deemed a waiver of any rights Wizid may have and shall not be deemed to be a waiver of any subsequent breach of any condition by the Buyer.
All costs and expenses incurred by Wizid to remedy any breach by the Buyer of these conditions are recoverable from the Buyer in addition to Wizid's right to recover payment of its indebtedness and/or damage
14. Intellectual Property
All right, title and interest in all designs, patents and other intellectual property in the goods remain the sole property of Wizid.