WEBSITE TERMS AND CONDITIONS OF TRADE
- The Agreement
- The terms of trade together with:
- The contract provided by us;
- The Schedule provided by us; and
- The Special Conditions provided by us;
- 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.
"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
is Schedule attached to the purchase order
- That the goods and services supplied are fit for
the purpose they have been purchased.
- That all goods will
be delivered in a timely manner.
- 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.
- That all representations by Angellpod,
and their employees, are true to the best of their knowledge.
- Ownership of the goods shall not pass until
you pay us in full for the Goods or Services.
- 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.
- You will take all such
steps as are necessary to give effect to the provisions of this
- 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
- Payment shall be in the manner specified in the agreement.
- All payments should be made within 14 days of receiving
the invoice, unless otherwise specified in the Agreement.
- If this payment is not made within
the specified time we reserve the right to charge, in addition
to the amount in the agreement:
- Interest calculated monthly
on the outstanding
balance of the account.
- The interest will be charged
at 16% per annum
- Any costs incurred in the recovery of the
equipment from you, including but not limited to Legal fees.
- Your Obligations
- The agreement is personal to you
and you must not allow anyone else to benefit from the agreement.
- You are not to breach our intellectual property
rights to the goods, by reproducing or re-selling our goods without
written authority from us.
- 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
- You must not modify or substantially change our
goods until all payments for the goods have occurred.
We retain an equitable interest in all the goods
sold to you until the final payments under the Agreement
- Indemnities and exclusion of liability
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
- 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.
- 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
- 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.
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
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.
- Governing Law
is governed by the law of Western Australia and the Commonwealth
- 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.
- No Reliance
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.
Any variation to this agreement must be made in writing and
agreed to by both parties.
- No waiver of rights
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.
- Signing the Agreement
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