DHDS Pty Ltd – Terms & Conditions of Trade 1. 1.1
1.2
1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 2. 2.1 2.2 2.3 2.4 2.5 2.6
2.7 3. 3.1
3.2 3.3
4. 4.1
4.2 4.3
Definitions “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting DHDS to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and: (a) if there is more than one Client, is a reference to each Client jointly and severally; and (b) if the Client is a partnership, it shall bind each partner jointly and severally; and (c) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and (d) includes the Client’s executors, administrators, successors and permitted assigns. "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, Contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details. “Consumer” means a Consumer as defined for the purposes of the Competition and Consumer Act 2010. “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract. “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using DHDS’ website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website. “DHDS” means DHDS Pty Ltd ATF Hallett Family Trust T/A DHDS Pty Ltd its successors and assigns or any person acting on behalf of and with the authority of DHDS Pty Ltd ATF Hallett Family Trust T/A DHDS Pty Ltd. “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth). “Incidental Items” means any goods, documents, designs, drawings or materials supplied, consumed, created or deposited incidentally by DHDS in the course of it conducting, or supplying to the Client, any Services. “Price” means the Price payable (plus any GST where applicable) for the Services as agreed between DHDS and the Client in accordance with clause 6 of this Contract. “Services” mean all Services supplied by DHDS to the Client at the Client’s request from time to time. Acceptance The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for, or accepts Services provided by DHDS. In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail. Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties. The Client acknowledges that the supply of Services on credit shall not take effect until the Client has completed a credit application with DHDS and it has been approved with a credit limit established for the account. In the event that the supply of Services requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, DHDS reserves the right to refuse delivery. Any advice, recommendation, information, assistance or service provided by DHDS in relation to any Services supplied is given in good faith to the Client, or the Client’s agent and is based on DHDS’ own knowledge and experience and shall be accepted without liability on the part of DHDS. Where such advice or recommendations are not acted upon then DHDS shall require the Client or their agent to authorise commencement of the Services in writing. DHDS shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Services. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions (Victoria) Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act. Authorised Representatives Unless otherwise limited as per clause 3.2 the Client agrees that should the Client introduce any third party to DHDS as the Client’s duly authorised representative, that once introduced that person shall have the full authority of the Client to order any Services on the Client’s behalf and/or to request any variation to the Services on the Client’s behalf (such authority to continue until all requested Services have been completed or the Client otherwise notifies DHDS in writing that said person is no longer the Client’s duly authorised representative). In the event that the Client’s duly authorised representative as per clause 3.1 is to have only limited authority to act on the Client’s behalf, then the Client must specifically and clearly advise DHDS in writing of the parameters of the limited authority granted to their representative. The Client specifically acknowledges and accepts that they will be solely liable to DHDS for all additional costs incurred by DHDS (including DHDS’ profit margin) in providing any Services or variation/s requested by the Client’s duly authorised representative (subject always to the limitations imposed under clause 3.2 (if any)). Errors and Omissions The Client acknowledges and accepts that DHDS shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s): (a) resulting from an inadvertent mistake made by DHDS in the formation and/or administration of this Contract; and/or (b) contained in/omitted from any literature (hard copy and/or electronic) supplied by DHDS in respect of the Services. In the event such an error and/or omission occurs in accordance with clause 4.1, and is not attributable to the negligence and/or wilful misconduct of DHDS; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid. In circumstances where the Client is required to place an order for Services, in writing, or otherwise as permitted by these terms and conditions, the Client is responsible for supplying correct order information such as, without limitation, measurements and quantity, when #41207 © Copyright – EC Credit Control 1999 - 2022