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WEBSITE TERMS AND CONDITIONS OF TRADE

  1. The Agreement
    1. The terms of trade together with:
      1. The contract provided by us;
      2. The Schedule provided by us; and
      3. The Special Conditions provided by us;
    2. Make up the agreement between you and us for the supply of our goods and services. The provisions or acceptance of the Schedule and Special Conditions shall not form a separate agreement, it will constitute a part of the agreement.
  2. Definition
    "Agreement" is defined in clause 1
    "Goods" is the items subject of the sale specified in the Schedule to the order to purchase.
    "Non- Excludable Provisions" are the provisions implied by Australian Consumer Legislation
    "Schedule" is Schedule attached to the purchase order
  3. Warranties
    1. That the goods and services supplied are fit for the purpose they have been purchased.
    2. That all goods will be delivered in a timely manner.
    3. That any defects in the goods, within the first 4 months of the agreement, will be repaired by Angellpod in a timely manner, if in our expert opinion the defect was caused by us.
    4. That all representations by Angellpod, and their employees, are true to the best of their knowledge.
  4. Security
    1. Ownership of the goods shall not pass until you pay us in full for the Goods or Services.
    2. We reserve the right into lodge notification of the rights under this contract in the Personal Property Security Register in respect to this Contract if we consider it necessary.
    3. You will take all such steps as are necessary to give effect to the provisions of this clause.
    4. We reserve the right to enter onto the premises on which the Goods are located to take the Goods in accordance with this provision and with or without notice
  5. Payment
    1. Payment shall be in the manner specified in the agreement.
    2. All payments should be made within 14 days of receiving the invoice, unless otherwise specified in the Agreement.
    3. If this payment is not made within the specified time we reserve the right to charge, in addition to the amount in the agreement:
      1. Interest calculated monthly on the outstanding balance of the account.
      2. The interest will be charged at 16% per annum
      3. Any costs incurred in the recovery of the equipment from you, including but not limited to Legal fees.
  6. Your Obligations
    1. The agreement is personal to you and you must not allow anyone else to benefit from the agreement.
    2. You are not to breach our intellectual property rights to the goods, by reproducing or re-selling our goods without written authority from us.
    3. You guarantee that all representations made to Angellpod, on behalf of yourself, or your company are true. Breach of this amounts to misleading and deceptive conduct.
    4. You must not modify or substantially change our goods until all payments for the goods have occurred.

 

  1. Ownership
    We retain an equitable interest in all the goods sold to you until the final payments under the Agreement is made.
  2. Indemnities and exclusion of liability
    1. Except as provided for in this Agreement all guarantees, terms, conditions, warranties undertakings and inducements, whether express or implied, statutory or otherwise, related to this Agreement are excluded to the maximum extent the law will provide,
    2. Nothing in this agreement excludes, restricts or modifies any right, remedy or guarantee, term condition, warranty, undertaking or inducement implied or imposed by any legislation which cannot lawfully be excluded or limited.
    3. Where legislation imposes "Non-excludable") provisions and we are able to limit your remedy, then your remedy is limited to repair or replacement of the equipment; or supplying the service again, or supplying the payment for the service again.
    4. Subject to the Non- excludable provisions to the maximum extent permitted by law, the maximum amount of our aggregate liability for all claims relating to the agreement (whether in contract, tort, equity, statute or indemnity) based on a fundamental breach of the Agreement will be equal to the fee charged for the hire of the equipment.
  3. Force Majeure
    Neither party will be responsible for damages due to causes beyond their control, which includes but is not limited to war, terrorism, acts of god, riots etc. This does not limit your liability if the goods are damaged beyond fair wear and tear if the cause of the damage is due to your negligence.
  4. Severability
    If any part of this Agreement becomes void or unenforceable for any reason, then that part will be severed, with the intent that the remaining provisions remain in full force and effect, unaffected by the sever.
  5. Governing Law
    This Agreement is governed by the law of Western Australia and the Commonwealth
  6. Entire Agreement
    The Agreement as defined in clause 1 is the whole agreement and there are no additional terms or conditions to this agreement unless otherwise agreed in writing between the parties.
  7. No Reliance
    You acknowledge that we or anyone employed by us has not made any representations to you that is not already contained in this Agreement, and you have not entered into this Agreement on the reliance of anything not included in this Agreement.
  8. Variation
    Any variation to this agreement must be made in writing and agreed to by both parties.
  9. No waiver of rights
    No delay or omission by a party to exercise a right under this Agreement, due to a continuing breach of the Agreement, will constitute as a waiver of that right.
  10. Signing the Agreement
    The persons signing the Agreement hereby warrant that he/she has the right to enter into the Agreement on behalf of the parties to the Agreement.
    The person signing the Agreement indemnifies us against all loss, costs or claims as a result of the person entering the Agreement without such a power or authority