Interpretation
In these Terms:
“ Company ” means Mac Track Pty Ltd [MacTrack]
“Client“ means the purchaser of Goods from the Company
“Goods” means all goods sold and/or delivered by the Company to the Client.
“Terms” means these terms and conditions of sale.
Application
These Terms apply to all contracts for the sale of Goods by the Company
No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing
The Client acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms
The Client acknowledges to receive electronic communications being made to the electronic addresses mentioned above for Quotes, Orders; Invoices, Sales promotions and Letters of Demand
Prices
Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
Payment
Payments are to be made to the Company in accordance to Trading Terms[*] stated, without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
Where Customised Goods are ordered by the Client, a deposit of 50% of the invoice price must be paid when placing an order.
The balance of invoice price must be paid according to Terms
Interest is payable on all overdue accounts calculated on a daily basis at the rate of 5.5% per month as from the date due for payment until payment is received by the Company.
Company may in its absolute discretion terminate the credit account immediately if the Client defaults on payment
Upon termination of the credit account, all amounts owing by the Client to Company are due and payable immediately in full.
An administration Fee of $500.00 (five hundred dollars only) is applicable to all accounts terminated due to non payment.
Any court costs associated with recovering outstanding debt will be claimable from the Client
Privacy
Subject to the Privacy Act 1988 (Cth), the Client:
Authorises Company to make credit enquiries concerning the Client in relation to the Client for Credit, and to exchange with any credit provider of the Client or credit reporting agency and any other person (including a ratings agency, a credit enhancer or a guarantor) any information concerning the Client, for the purpose of evaluating the creditworthiness of the Client or for the purpose of collecting overdue payments;
The Company may be required by law to comply with any Court order to release Client data and information.
Delivery
The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Client must not refuse to take delivery of the Goods.
Any failure on the part of the Company to deliver instalments within any specified time does not entitle the Client to repudiate the contract with regard to the balance remaining undelivered
Title
Legal and beneficial ownership of the Goods will not pass to the Client until such time as the Goods have been paid in full in cash or cleared funds.
Ownership of SIM cards will remain the property of MacTrack. SIM’s are not transferrable to another provider.
Risk and Insurance
The Goods are entirely at the risk of the Client from the moment of delivery to the Client’s point of delivery or on collection, even though title in the Goods has not passed to the Client at that time.
The Client must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Client and until title in the Goods has passed to the Client.
Inspection
Unless the Client has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
Cancellations
No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not Goods).
Limited Liability
These Terms do not affect the rights, entitlements and remedies conferred by the Competition and Consumer Act 2010
The Company is not subject to, and the Client releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Client acknowledges that the Company is not
responsible if the Goods do not comply with any applicable safety standard or similar regulation: and
liable for any claim, damage or demand resulting from such noncompliance
Client acknowledges it is their responsibility to monitor the operating system in its entirety.
If any statutory provisions under the Competition and Consumer Act 2010 or any other statute apply to the contract between the Company and the Client (Contract ) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:
replacement or repair of the Goods or the supply of equivalent Goods; or
payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.
Warranty
All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
On discovery of any defect in the Goods, the Client must immediately notify the Company in writing of such defect. The Client must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
The provisions of any act or law (including but not limited to the Competition and Consumer Act 2010 implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.
The Client expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
Display and Samples
Any display product or sample inspected by the Client is solely for the Client’s convenience and does not constitute a sale by sample.
The sample product MUST not be reproduced in any part or form.
Contract
The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.
Contract can be terminated by giving 30 (thirty) days written notice.
Each unit maybe subject to a discharge fee of $200.00 (Two Hundred Dollars) per unit, at the discretion of the Company.
SIM cards remain the property of Mac Track Pty Ltd with data cost included in the monthly subscription fees
User Access to the MacTrack Portal will be terminated 3 months after date of cancellation. Client will need to download any required reports prior to this.
If access to the site after this period is required, an administration fee will be charged.
Asset history will be kept for 3 years, after this, the site will be deleted.
Force Majeure
The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, pandemic, strikes, lockouts, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident).
Waiver of Breach
No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have and is not a waiver of any subsequent breach or default by the Client.
No Assignment
Neither the Contract, nor any rights under the Contract may be assigned by the Client without the prior written consent of the Company, which is at the Company’s absolute discretion.
Severability
If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
Governing Law
These Terms and the Contract shall be governed by the law of Western Australia and the parties submit to the courts of Western Australia in respect of any dispute arising