Terms and Conditions
1.1 In relation to goods supplied to the Client, ownership and property in the goods vests absolutely with Direct Lifts and does not pass to the Client UNTIL the Client:
(a) Pays for the goods in full;
(b) Pays in full all other monies owing or unpaid by the Client to Direct Lifts including monies in respect of goods previously or subsequently supplied to the Client by Direct Lifts.
1.2 In relation to goods supplied to the Client for which payment in full has not been received:
(a) The relationship between the Client and Direct Lifts shall be fiduciary;
(b) The Client will hold those goods as bailee for Direct Lifts;
2. Right of Entry
2.1 The Client irrevocably permits Direct Lifts or any person authorised by Direct Lifts in writing, upon giving reasonable notice to enter the Client’s premises or at premises where the goods are reasonably believed by Direct Lifts to be held on the Client’s behalf for the purpose of examining or recovering the goods. The Client also agrees to indemnify and hold Direct Lifts harmless for reasonable costs of removal, enforcement, and legal action in respect of the removal of any goods, the subject of this Agreement.
3. Transactions contemplated by this Agreement
3.1 Direct Lifts tender of delivery of goods and services under this Agreement is a condition of the Client’s duty to accept the goods or services provided and, unless otherwise agreed, the Client’s duty to pay for them.
4. Dispute Resolution
4.1 If the Client disputes any goods sold or services supplied by Direct Lifts are faulty or defective or
4.2 Disputes the Invoices Direct Lifts has issued, the Client must notify their reasons in writing to Direct Lifts within 14 days of the Invoice date, failing which the Client loses any right to dispute the quality of the goods, services or quantum of.
5. Payment Terms
5.1 The contract price includes supply, installation, commissioning and testing.
5.3 The Client agrees to pay all amounts due in clear funds within Direct Lifts agreed timeframe but no later than 30 days from the date of invoice. The Client agrees that if it fails to pay in accordance with this clause, Direct Lifts may:
(a) Charge a late payment fee of 3% on all amounts paid after the due date;
(b) Charge interest on debts at 11% per annum from time to time;
(c) Charge a dishonour handling fee in the amount of $95.00;
(d) Recover all collections costs and expenses incurred in collecting overdue accounts on an indemnity basis;
|(a) Withhold supply;
(b) Sue for the money owing on the goods or services provided.
1.2 In the event where this agreement has been entered into by more than one party each party shall be jointly and severely liable for any amounts overdue.
2. Re-Take Possession
2.1 If the Client:
(a) Fails to pay for any goods or services on the due date; or
(b) Otherwise breached this agreement and failed to rectify such breach within seven days’ notice; or
(c) Cancels delivery of goods or services; or
(d) Commits an act of bankruptcy or allows a trustee in bankruptcy or receiver and manager to be appointed to the Client or any of its property; or
(e) Allows a judgment or order to be enforced or become enforceable against the Client’s property; or
(f) Permits proceedings to be commenced to wind the Client up or controller, receiver, administrator, liquidator or similar officers appointed to the Client in respect of any part of its property;
then Direct Lifts may enter upon the Client’s premises (doing all that is necessary to gain access) where goods supplied under this contract are situated at any time and re-take possession of any or all of the goods Direct Lifts has supplied to the Client and:
(a) Resell the goods concerned;
(b) Terminate the agreement; and
(c) Sue for any monies owing.
2.2 The Client will be in default if the Client does not pay any monies payable when called upon so to do the Client and the Guarantor jointly and severally acknowledge and agree that Direct Lifts is authorised to contact a credit reporting agency throughout the term of the Agreement to obtain a report about the creditworthiness of either the Client or the Guarantor or both.
2.3 The Client and the Guarantor jointly and severally authorise Direct Lifts to engage in the exchange of information with a credit reporting agency or with other such parties as are necessary to give effect to the contract and to the ongoing relationship between the parties hereto.
3.1 The agreement shall be deemed to have been made in Australia and shall be interpreted in accordance with the Laws of Australia, and the parties submit to the exclusive jurisdiction of the Australian Courts.
4. Consumer Credit Code
4.1 The Client and Guarantors declare that the credit to be provided is to be applied wholly or predominantly for business purposes and not for personal, domestic or household purposes.
5. Warranty Conditions
One (1) year warranty from lift commission date. Direct Lifts recommends routine servicing and maintenance as per the manufactures guidelines and as per Australian lift codes and work safety requirements. Direct Lifts service department will be in contact to discuss.
Direct Lifts reserves the right to report a Client’s delinquent account to a credit reporting agency should payment remain outstanding for more than 60 days. In addition, Direct Lifts may refer the outstanding account for debt collection or issue legal proceedings to recover any outstanding invoices.
Should an account be referred for debt collection the Client acknowledges and agrees to pay debt collection charges to be calculated at not less than 20% plus GST and will be incurred on the day Direct Lifts refers the matter to their nominated debt collection agency. The client shall also be liable for interest and all legal recovery costs associated with such action on a solicitor and own client or indemnity cost basis.
Right to amend terms and conditions
Direct Lifts reserves the right to amend terms and conditions of this agreement by giving the Client notice in writing of the amended terms and conditions to the Client’s address as specified on the face of this agreement or as notified by the Client from time to time. The Client is deemed to accept any amended Terms and Condition unless it notifies Direct Lifts in writing within seven days of its objection to the proposed amendment to the Terms and Conditions.
Severance and Waiver
If any part of this agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severed from the agreement and the severed part will not affect the validity and enforceability of any remaining provisions. Any waiver of Direct Lifts right under this agreement must be in writing and signed by an authorised representative of Direct Lifts.
Cancelling an order:
A cancellation fee of 50% is applicable for Drawing stage progress payment. Progress Payment 1. Payment 2, Payment 3 and Payment 4 are non-refundable and will be retained by Direct Lifts in the event that this contract is cancelled for any reason. You may not incur a cancellation fee if the goods are delivered damaged or if Direct Lifts is not entitled to charge a cancellation fee under any relevant legislation. It is your responsibility to inform the Customer Service Team if any change of address or contact details.