ABN 15 391 730 958
TERMS OF TRADE – Revised Jan 2008
All goods are sold and services supplied by Kingwest films on the following terms:
ORDERS: 1.
(a) Each order is subject to acceptance by Kingwest films.
(b) Goods supplied in accordance with the Customer’s order can only be returned for credit by prior agreement with Kingwest films.
PRICES: 2
(a) The prices charged (unless a prior quote has been given) shall be those prices prescribed by Kingwest films at the date of delivery of goods and/or services.
(b) Unless otherwise advised by Kingwest films in writing, prices do not include GST and other taxes (which if payable shall be to the customer’s account).
PAYMENT: 3.
Payment shall be made within SEVEN (7) days from the date of invoicing unless otherwise stated within the invoice or a quote.
Late fees apply as follows: $65 for up to one month late, $270 for over one month late
WARRANTY: 4.
Where the customer is not a customer for the purposes of the Trade Practices Act or any other applicable legislation or where the Customer is a consumer but the goods and/or services supplied by Kingwest films are not of the kind ordinarily acquired for personal, domestic or household use or consumption, the liability of Kingwest films shall be limited as it shall determine, to:
(i) The replacement of the goods or the supply of equivalent goods;
(ii) The repair of the goods;
(iii) The payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) The payment of the cost of having the goods repaired.
All other warranties, conditions and representations whether express or implied other than any express warranty stated by Kingwest films in writing are hereby expressly negatived and excluded except in circumstances whereby it is unable by law to exclude or limit its liability.
In particular, but not without limiting the foregoing, Kingwest films shall not be liable for any negligent act or omission by itself, its servants, agents or sub-contractors in the supply of any goods or the performance of any function preparatory to or during the supply of any goods or services by Kingwest films to the Customer.
INTEREST FOR NON-PAYMENT: 5.
The Customer agrees to pay interest to Kingwest films on any sums of money owing in excess of the period referred to in Clause 3, calculated from the date of the invoice to the date of actual payment in full (inclusive of both dates) at a rate equal to 3% higher than the rate charged by the Bendigo Bank on overdrafts of less than $100,000.00. Any debt collection costs will be passed on to the Customer.
CREDIT: 6.
Kingwest films may at any time alter or suspend credit terms, refuse any delivery or cancel unfilled orders when in its opinion the financial condition of the Customer or the status of the Customer’s Account warrants it.
DELAYS - DELIVERY: 7.
Kingwest films will use its reasonable endeavors to perform its obligations for the sale of goods and/or services within the time indicated by Kingwest films but failure to do so for any reason whatsoever including but not limited to the inability of Kingwest films to obtain supplies from it’s usual sources, strike, or any other industrial dispute, fire, 'act of God' or any other cause beyond the control of Kingwest films shall not constitute a breach of contract, nor shall Kingwest films be under any liability to the Customer, but the contract shall be deemed to be suspended with liberty to Kingwest films at any time to cancel the contract or any unfilled part or to renew the contract upon the cessation of the cause preventing performance. In the case of live streaming, Kingwest films shall not be under any liability for network failure of a live feed. If a network fails, Kingwest films will undertake to provide a “delayed stream” from the primary camera recording at the earliest opportunity.
GENERAL: 8.
(a) Copyright of all material produced by Kingwest films remains that of Kingwest films unless otherwise stated in writing.
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No variation or termination of these Terms of Trade shall be binding upon Kingwest films unless approved in writing by Kingwest films.
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Any time or other indulgence that Kingwest films may grant to the Customer shall not affect the rights of Kingwest films except to the extent to which Kingwest films expressly waives the same in writing and no waiver in respect of any breach of the Customer’s part of any stipulation binding on the Customer shall affect the rights of Kingwest films in respect of any other breach.
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Any conditions contained in the Customer’s order or other documentation, which may be contrary to or differ from these conditions, shall to the extent of any inconsistency be null and void.
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These Terms of Trade may be up-dated and/or revised without notice.
DIRECTORS’ GUARANTEE: 9.
If the Customer is a Company, the Director (or Directors) hereby guarantees (and if more than one, jointly and severally) to Kingwest films the due and punctual payment of all moneys payable by the Customer to Kingwest films including any interest hereunder. This guarantee shall be a continuing guarantee notwithstanding any partial payment to Kingwest films of any moneys due and owing or any compromise, concession or indulgence granted by Kingwest films.