Terms and conditions
CONNECT LOCAL AUSTRALIA PTY LTD ACN 629 607 398
This Contract governs the supply of any services (the Services) to you (the Customer) and by Connect Local Australia. Unless otherwise specifically agreed in writing by Connect Local, all orders or requests placed by the Customer with Connect Local for purchase or supply of Services will be on the following terms and conditions:
1.1 Unless otherwise indicated, all prices for the supply of Services quoted by Connect Local Australia are inclusive of GST where applicable (as that term is used in A New Tax System (Goods and Services Tax) Act 1999 as may be amended from time to time).
1.2 Connect Local Australia reserves the right to decide in its absolute discretion which of its officers or employees is most appropriate to provide each aspect of the Services.
2. PAYMENT TERMS
2.1 Connect Local Australia requires payment prior to commencing any work on services selected.
3. WARRANTY AS TO QUALITY OF SERVICES
3.1 The Customer has the benefit of the conditions and warranties implied by the Trade Practices Act 1974 and similar provisions of State and Territory enactments. Nothing herein excludes, limits, restricts or modifies any statutory obligation of Connect Local Australia or any rights, entitlements and remedies conferred upon the Customer if that cannot lawfully be effected.
3.2 Connect Local Australia warrants that the Services will be supplied with reasonable care and skill, however, any liability whether consequential or otherwise arising out of or in connection with the supply or re-supply of the Services, howsoever arising, including by virtue of representation, warranty, or express or implied condition or term is hereby excluded.
3.4 Any liability of Connect Local Australia to the Customer, of whatsoever nature and howsoever arising including but not limited to breach of warranty, is limited to the value of the Services provided to the Customer up to the date such liability arises.
4. COMMISSIONS AND DISCOUNTS
4.1 The Customer acknowledges that:
(a) Connect Local Australia may at the Customer’s request (and as agent for the Customer) introduce, recommend, coordinate and liaise with contractors and sub-contractors, but will not engage or supervise contractors or sub-contractors on the Customer’s behalf.
(b) Connect Local Australia may but will not necessarily receive rebates, discounts (including trade and volume discounts), commissions, gifts and rewards (Rebates) from third parties for introducing, recommending or placing orders for Goods or services with or to a third party or for providing the services set out in sub-clause (a). Connect Local may at its discretion pass on all or part of any Rebates to the Customer. Connect Local Australia can provide details on written request.
4.2 Connect Local Australia will act independently and in the best interests of the Customer at all times and will not be influenced by any Rebates offered by third parties pursuant to sub-clause 6.1(b).
5. DESIGN CONCEPT AND PRODUCTION DETAILS
5.1 It is the Customer’s responsibility to provide Connect Local Australia with accurate, complete and detailed instructions concerning the Services required.
5.2 Connect Local Australia takes no responsibility for the Customer’s dissatisfaction with the Services provided by Connect Local Australia, provided that such dissatisfaction is not due to the negligence of Connect Local Australia.
5.3 All product data, design and other details submitted by Connect Local Australia in the design concept are approximate only. Any deviations in the design concept will not entitle the Customer to make any objections or claims for compensation or rescind the contract with Connect Local Australia.
6.1 Where Connect Local Australia utilises a design requested by, or has followed an instruction by the Customer relating to Services, the Customer will indemnify and hold harmless Connect Local Australia from any and all claims, proceedings, judgments, prosecution, damages, losses, costs, expenses and liabilities made or recovered against Connect Local Australia in connection with an infringement or alleged infringement of any third party intellectual property rights.
6.2 The Customer will keep Connect Local Australia fully indemnified against all losses and expenses (including solicitor/client legal expenses) which Connect Local Australia may suffer or incur due to the failure by the Customer to observe its obligations under the contract and losses and expenses arising from Connect Local Australia entering the Customer’s premises for the purpose of providing the Services.
6.3 Except as provided for in clause 3 and subject to clause 3.4, Connect Local Australia will not be liable to the Customer for any loss (including but not limited to loss of profits and consequential loss) caused by any act or omission (including negligent acts or omissions) of Connect Local Australia or Connect Local Australia’s employees, agents or contractors/ sub-contractors introduced or recommended by Connect Local Australia in respect of the supply of Services however arising.
6.4 In no event will Connect Local Australia be liable for any loss or damage sustained from the delay or non-performance of the Services due to events beyond its reasonable control.
7. INTELLECTUAL PROPERTY
7.1 Design concepts and all details, drawings, sketches, documents and ideas created or produced by Connect Local Australia in respect of Services
remain the property of Connect Local Australia.
8. IMPLIED CONTRACTS
8.1 The terms appearing herein are incorporated by implication into all agreements between Connect Local Australia and the Customer to supply the Customer with Services irrespective of other terms appearing in documentation provided by the Customer.
9.1 Unless expressed in writing to the Customer, failure or delay by Connect Local Australia in exercising any right, power or privilege available to it will not operate as a waiver thereof nor will the exercise by Connect Local Australia of any other right, power or privilege prevent it from exercising any other rights, powers or privileges available to it.
9.2 The validity and interpretation of these terms and conditions and their effect are governed by the laws in force in New South Wales. Each party submits to the jurisdiction of the Courts of New South Wales.
9.3 If any part of these terms and conditions is held to be void, unenforceable or unlawful, these terms and conditions will be read and enforced as if the void, unenforceable or unlawful provisions have been deleted.