Terms and Conditions

Kilarny Pty Ltd
T/As Pressure Cleaning Perth
ABN 65 127 649 647
TERMS & CONDITIONS OF TRADE

1. Definitions
(a) Kilarny Pty Ltd ABN 65 127 649 647 or any subsidiaries, related companies, trusts, agents, employees, or franchises or subcontractors of the Supplier means the Supplier.
(b) “Customer” means the recipient and, where the Goods and/or Services are provided as a result of an insurance claim, The “Insurer”.
(c) “Due Date” means in respect of each invoice issued to the Customer by Kilarny Pty Ltd. The date that is 7 days after the invoice date or such other date agreed in writing by a director of, or the principal of Kilarny Pty Ltd.
(d) “Event of Default” means an event specified in clause 12.
(e) “Goods” means goods and/or materials provided to the Customer by Kilarny Pty Ltd including but not limited to;
(1) All goods and products supplied by Kilarny Pty Ltd
(2) All goods identified in any Invoice provided to the Customer by Kilarny Pty Ltd
(3) All goods marked as having been supplied by Kilarny Pty Ltd;
(f) “Insurer” means an Insurance Company that provides an insurance policy to the Customer under which Goods and/or Services may be paid for in whole or in part is the Insurance Company
(g) “Invoice” means an invoice issued by Kilarny Pty Ltd to the Customer.
(h) “Property” means any land owned by the Customer
(i) “Quote” means a quotation from Kilarny Pty Ltd to the Customer for the supply of Goods and/or Services.
(j) “Recipient” means the party or parties receiving the Goods and/or Services from Kilarny Pty Ltd.
(k) “Services” means services provided to the Customer by Kilarny Pty Ltd and include, without limitation, charges for labor, hire charges, insurance charges or any other fee or charge associated with the supply of Goods or Services by Kilarny Pty Ltd to the Customer.
(l) “Terms and Conditions” means these terms and conditions.

2. Consumer Protection Legislation
The warranties, conditions, rights and remedies of the Buyer as outlined in the Commonwealth Trade Practices Act 1974, Competitions and Consumer Act 2010 and the relevant Fair Trading Act of the State which Kilarny Pty Ltd operates in, or any other relevant legislation, are not intended to be compromised as a result of anything contained in these terms and conditions, except to the degree permitted by those acts.

3. Offer and Acceptance
(a) Any requests from the Customer to Kilarny Pty Ltd for the supply of Goods/Services however made shall constitute acceptance of the terms and conditions contained herein.
(b) Where more than one Customer has entered into this agreement, all Customers shall be jointly and severally liable for all payments of the Price.
(c) These terms become binding upon acceptance, and may thereafter only be altered or revoked with the written consent of Kilarny Pty Ltd.

4. Price
(a) The Customer agrees to pay Kilarny Pty Ltd, the price of the Goods/Services, within the agreed time for payment in accordance with the provisions in these terms and conditions.
(b) The price will be determined by Kilarny Pty Ltd’s quotation, or indicated on invoices, purchase order forms, or any other documentation as provided by Kilarny Pty Ltd to the Customer.
(c) Kilarny Pty Ltd quoted price will be binding for a period of thirty (30) days after the date of the quotation.
(d) Any variation from the original agreed works or specifications may affect the price, and any variations of the price will be shown on the invoice. Payment for all variations must be made in full as specified in clause 5
(e) GST will apply to all Goods purchased and Services supplied by Kilarny Pty Ltd.

5. Payment terms
(a) Unless otherwise agreed in writing, in the event that the Customer has been granted a credit account, the Customer agrees to pay all amounts in full, within fourteen (14) days from the date of invoice.
(b) At the sole discretion of Kilarny Pty Ltd, a deposit may be required before the supply of any Goods or Services
(c) Payment will be made by cash, bank cheque, direct deposit, or credit card (plus a surcharge of up to 2.5% of the transaction price), or by any other method as agreed to between the Customer and Kilarny Pty Ltd.

6. Delivery of the Goods
(a) At the sole discretion of Kilarny Pty Ltd, delivery of the Goods shall take place when;
(1) The Customer takes possession of the Goods at Kilarny Pty Ltd address; or
(2) The Customer takes possession of the Goods at the Customers’ nominated address (in the event that the Goods are delivered by Kilarny Pty Ltd: or
(3) The Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.
(b) At the sole discretion of Kilarny Pty Ltd, the costs of delivery are;
(1) Included in the Price; or
(2) In addition to the price and, where applicable, charged to the Buyer’s account.
(c) The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged, then Kilarny Pty Ltd shall be entitled to charge a reasonable fee for redelivery.
(d) Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
(e) Kilarny Pty Ltd may deliver the Goods by separate installments. Each separate installment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
(f) The failure of Kilarny Pty Ltd to deliver shall not entitle either party to treat this contract as repudiated.
(g) Kilarny Pty Ltd shall not be liable for any loss or damage whatsoever due to failure by Kilarny Pty Ltd to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of Kilarny Pty Ltd.

7. Risk
(a) Notwithstanding retention of title as specified in clause 8 hereof, all risk passes to the Buyer upon delivery. If any of the Goods and Services are damaged or destroyed prior to title in them passing to the Buyer, Kilarny Pty Ltd is entitled, without prejudice to any of its other rights and remedies under this agreement, to any insurance proceeds payable for the Goods or Services
8. Retention of Title
(a) Ownership, Property, and Title in all Goods shall remain with Kilarny Pty Ltd until the Customer has paid all monies owing to Kilarny Pty Ltd for all Goods and Services provided.
(b) The Goods shall be kept separate and clearly identifiable as property of Kilarny Pty Ltd until Property in the Goods has been passed to the Customer.
(c) Until such time as Property in the Goods passes to the Customer, the Customer shall hold the Goods as Baillee for Kilarny Pty Ltd, and hereby assigns all legal and equitable right and title to the proceeds of the sale of the Goods to Kilarny Pty Ltd.
(d) Kilarny Pty Ltd may request in writing that the Customer return the Goods or any part of them at any time until Property in the Goods has passed to the Customer.
(e) Should the Customer fail to return the Goods to Kilarny Pty Ltd upon such notice, Kilarny Pty Ltd, without prejudice to any of its other rights and remedies under this agreement, reserves the right of entry to the Customer’s premises or any other premises where the Goods may be stored, by servants or agents for the purpose of recovering or re-selling the Goods, and any cost incurred as a result of such action will be the responsibility of the Customer.

8. Notification of Defects
(a) The Customer shall inspect the Goods upon delivery and notify Kilarny Pty Ltd in writing within seven (7) days of any alleged defect Kilarny Pty Ltd will be given access to any Goods & or Property, within a reasonable time after delivery in order to inspect any alleged defects in the Goods and or Services.
(b) Should the Customer fail to give such notification, the Goods/Services will be deemed to be in compliance with the quote, and free from any defects whatsoever.

9. Returns
(a) Returns will only be accepted provided that;
(1) The Buyer has complied with the provisions of clause 9; and
(2) Kilarny Pty Ltd has agreed in writing to accept the return of the Goods; and
(3) The Goods are returned at the Buyer’s cost within seven (7) days of the delivery date; and
(4) Kilarny Pty Ltd will not be liable for Goods which have not been stored or used in a proper manner and
(5) The Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances
(b) Kilarny Pty Ltd may (at their sole discretion) accept the return of Goods for credit, but this may incur a handling fee of up to twenty percent 20% of the value of the returned Goods, plus any freight costs.
(c) Non-stock list items of Goods ordered to the Customer’s specifications are under no circumstances acceptable for credit or return.

10. Warranty
(a) To the extent permitted by statute, no warranty is given by Kilarny Pty Ltd as to the quality or suitability of the Goods for any purpose and any implied warranty, is expressly excluded.
(b) Kilarny Pty Ltd shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.
(c) For Goods not manufactured by Kilarny Pty Ltd, the warranty shall be the current warranty provided by the manufacturer of the Goods. Kilarny Pty Ltd shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.

11. Default
The following events shall constitute an Event or default by the Customer;
(a) The failure of the Customer to make payment for the Goods by the Due Date or the intimation by the Customer that it will not pay any sum by the Due Date;
(b) The Customer enters into an agreement for the sale or proposed sale of its business or assets; without notifying the supplier.
(c) The Customer commits a breach of any of the Terms and Conditions and in the event that such breach is capable of remedy, the Customer fails to remedy the breach upon receiving notice from Kilarny Pty Ltd specifying the breach and requiring that it be remedied within seven (7) days of such notice; and
(d) Any money payable to Kilarny Pty Ltd becomes overdue, or in the opinion of Kilarny Pty Ltd, the Customer will be unable to meet its payments as they fall due; or
(e) The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with its creditors; or
(f) Makes an assignment for the benefit of its creditors; or
(g) Upon the occurrence of an Event of default, any amounts currently outstanding shall become immediately due and the Due Date for all amounts shall be deemed to be the earlier of the actual Due Date or the date that the Event of the Default occurs.

12. Consequences of Default
(a) Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the discretion of Kilarny Pty Ltd, such interest shall compound monthly at such a rate) after as well as before any judgment.
(b) In the event that the Customer’s payment is dishonored for any reason the Customer shall be liable for any dishonor fees incurred by Kilarny Pty Ltd.
(c) If the Customer defaults in payment of any invoice when due, the Customer shall indemnify Kilarny Pty Ltd from and against, legal costs on an own client basis and collection agency costs.
(d) Without prejudice to any other remedies Kilarny Pty Ltd may have, if at any time the Customer is in breach of any obligation, including those relating to payment, Kilarny Pty Ltd may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. Kilarny Pty Ltd will not be liable to the buyer for any loss or damage the Customer suffers because Kilarny Pty Ltd has exercised its rights under this clause.
(e) If any account remains overdue after thirty (30) days then an amount of the greater of ten dollars ($10) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200) shall be levied, each month thereafter the account remains unpaid. for administration fees, which sum shall become immediately due and payable.
(f ) Without prejudice to Kilarny Pty Ltd’s other remedies at law Kilarny Pty Ltd shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Kilarny Pty Ltd shall, whether or not due for payment, become immediately due and payable.

13. Registered Security
The Customer hereby charges in favor of Kilarny Pty Ltd all its estate and interest in any land and in any other assets, whether tangible or intangible, in which it now has any legal or beneficial interest or in which it later acquires any such interest, with payment of all monies owed by the Customer, and consents to the lodging by Kilarny Pty Ltd of a caveat or caveats or a PPSA security interest which note its interests in that property.

14. Cancellation and Withdrawal of Orders
(a) The Customer may not defer or cancel an order once accepted by Kilarny Pty Ltd or once a Quote has been accepted, without the consent of Kilarny Pty Ltd in writing and with any request for an amendment, deferment or cancellation. The Customer must provide Kilarny Pty Ltd with seven days (7) notification in advance.
(b) The Customer shall be responsible for and agrees to indemnify, Kilarny Pty Ltd for all costs incurred by Kilarny Pty Ltd as a result of the Customer cancelling an order or the suspension of the provision of Goods or Services as a result of the occurrence of an Event of default.
(c) In the event that the provision of Goods and/or Services to the Customer is cancelled, suspended or terminated for any reason Kilarny Pty Ltd shall have no responsibility whatsoever for any loss or damage of any kind which may result directly or indirectly from such cancellation or suspension or from any recovery of Goods pursuant to the provisions of these terms and conditions.

15. Privacy Act 1988
(a) The Customer and/or the Guarantor/s (herein referred to as the Customer) agree for Kilarny Pty Ltd to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by Kilarny Pty Ltd.
(b) The Customer agrees that Kilarny Pty Ltd may exchange information about the Customer with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes;
(1) To assess an application by the Customer; and/or
(2) To notify other credit providers of a default by the Customer: and/or
(3) To exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(4) To assess the creditworthiness of the Customer
(c) The Customer understands that the information exchanged can include anything about the Customer’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
(d) The Customer consents to Kilarny Pty Ltd being given a consumer credit report to collect overdue payment on Consumer & Commercial Credit (section 18K (1)(h) Privacy Act 1988)
(e) The Customer agrees that personal credit information provided may be used and retained by Kilarny Pty Ltd for the following purposes (and for other purposes as shall be agreed between the Customer and Kilarny Pty Ltd or required by law from time to time);
(1) Analyzing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods; and/or
(2) Processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Buyer; and/or
(3) Enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods.
(4) Kilarny Pty Ltd may give information about the Customer to a credit reporting agency for the following purposes;
(5) To obtain a consumer credit report about the Customer; and/or
(6) To allow the credit-reporting agency to create or maintain a credit information file containing information about the Customer.
(f) The information given to the credit-reporting agency may include;
(1) Personal particulars (the Customer’s name, sex, address, previous addresses, date of birth, name of employer and driver’s license number).
(2) Details concerning the Customer’s application for consumer or commercial credit and the amount requested.
(3) Advice that Kilarny Pty Ltd is a current credit provider to the Customer.
(4) Advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty days (60), and for which debt collection action has been taken.
(5) That the Customer’s overdue accounts, loan repayments, and/or any outstanding monies are no longer overdue in respect of any default that has been listed.
(6) Information that, in the opinion of the supplier, the Customer has committed a serious credit infringement (that is, fraudulently or showing an intention not to comply with the Buyer’s credit obligations);
(7) That credit provided to the Customer by Kilarny Pty Ltd has been paid or otherwise discharged.

16. Intellectual Property
(a) Where any designs or specifications have been supplied by the Customer for manufacture by Kilarny Pty Ltd, the Customer warrants that the use of those designs or specifications for the manufacture, assembly or supply of the Goods/Services shall not infringe the rights of any third party.
(b) Where Kilarny Pty Ltd produces any design, pattern, or specification during the manufacture of the Goods, Intellectual Property in them remains with Kilarny Pty Ltd and may only be reproduced or copied with the written consent of Kilarny Pty Ltd.

17. Unpaid Seller’s Rights
(a) If payment has not been received by Kilarny Pty Ltd when Due, and Kilarny Pty Ltd has made a verbal or written demand for payment, and the goods are in possession or control of Kilarny Pty Ltd, then Kilarny Pty Ltd reserves the right to dispose of the Goods and claim from the Customer any loss arising as a result of such disposal.
(b) At the sole discretion of Kilarny Pty Ltd, storage costs may be incurred for any Goods which remain uncollected at the premises of Kilarny Pty Ltd, for a period of more than seven (7) days after the agreed date for collection.

18. Goods/Services
The Goods/Services are as described on the quotation, work authority form, invoice, purchase order, or any other document provided to the Customer, from Kilarny Pty Ltd.

19. Personal Property Securities Act 2009
(a) Security: You acknowledge and agree that by assenting to these Terms, you grant a security interest (by virtue of the retention of title clause in clause 8 of these terms), to us in all Goods previously supplied by us to you (if any), and all after acquired Goods supplied by us to you (or for your account).
(b) Financing statement; You undertake to;
Sign any further documents and/or provide any further information (which information you warrant to be complete, accurate and up-to-date in all respects) which we may reasonably require to enable registration of a financing statement or financing change statement on the Personal Properties Securities Register.

20. Assignments of Rights
(a) We shall be entitled at any time to assign our rights under a Commercial Credit Application to our successors nominated transferees or assigns, (including but not limited to, where applicable, Personal Guarantees and that these Terms of Trade shall not be in any way affected discharged pursuant to such assignment.
(b) We may assign, sub-contract or otherwise transfer any right, obligation or benefit under this Agreement, or any part thereof, to any other party without your consent.

21. Entire Agreement and Waiver
(a) Save as specifically and expressly contemplated in these Terms and Conditions, no provision hereof shall be changed waived or modified without the express written agreement of Kilarny Pty Ltd.
(b) These Terms and Conditions embody the entire agreement of Kilarny Pty Ltd in respect of the ordering, supply, delivery of a payment for Goods or Services, and any order received from the Customer shall be deemed to incorporate these Terms and Conditions, notwithstanding any purported change to the Terms and Conditions specified by the Customer.
(c) Any waiver or failure to execute any rights by Kilarny Pty Ltd shall not be deemed a waiver of any further or other right of Kilarny Pty Ltd in respect of the Customer.
(d) The Customer shall not be entitled to rely upon any statement of any kind made by a person including a representative or agent of Kilarny Pty Ltd, which include a representative of any kind, which contradicts or is contrary to these Terms and Conditions.

22. Relationship
No such venture in this Agreement constitutes a joint venture, agency, partnership or other fiduciary relationship between the Parties.

23. Severance
Kilarny Pty Ltd and the Customer agree that;
(a) All the provisions of these Terms and Conditions are reasonable in all the circumstances and each provision is and will be deemed to be severable and independent; and
(b) If any provision hereof is found by any court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected and the invalid, illegal or unenforceable provision shall be severed from the document, it being the intention of the parties that had they known that such provision would be invalid, illegal or unenforceable in any respect they would have agreed upon and accepted the remaining Terms and Conditions thereof.

24. Jurisdiction
(a) This agreement shall be governed by and construed in accordance with the laws of the State which Kilarny Pty Ltd is registered in and nominates.
(b) The Customer submits to the jurisdiction of the State and Region which Kilarny Pty Ltd is registered in and nominates.
26. Limitation of Liability
(a) The Liability of Kilarny Pty Ltd to the Customer for any reason related to the performance of the Goods/Services under this agreement shall be limited to the amount paid by the Customer to Kilarny Pty Ltd pursuant to this agreement.
(b) Kilarny Pty Ltd accepts no liability for Goods manufactured based on any specification supplied by the Customer which are subsequently found to be the alteration of such goods.

25. General
(a) The Customer shall not be entitled to set off against, or deduct from the price, any sums owed or claimed to be owed to the Customer by Kilarny Pty Ltd nor to withhold payment of any invoice because part of that invoice is in dispute.
(b) Kilarny Pty Ltd may license or subcontract all or any part of its rights and obligations without the Customer’s consent.
(c) The Customer agrees that Kilarny Pty Ltd may review these Terms and Conditions at any time if, following any such review, there is to be any change to these Terms and Conditions, then that change will take effect from the date on which Kilarny Pty Ltd notifies the Customer of such change.
(d) No parties to this agreement shall be liable for any breach of any provisions of this contract arising from an act of God, natural disaster, terrorism, war or any other occurrence beyond the control of any party.
(e) The failure by Kilarny Pty Ltd to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it effect the right of Kilarny Pty Ltd to subsequently enforce that position.

26. Quotes
When a quote is provided by Kilarny Pty Ltd to the Customer;
(a) The quote shall be valid for a period of 30 days from the date of the quote; and
(b) Any express or implied acceptances of the quote by or on behalf of the Customer shall constitute acceptance of those terms and conditions.
(c) Kilarny Pty Ltd reserves the right by notice to the Customer, to alter or amend any Quote before receipt by Kilarny Pty Ltd of acceptance of the quote by the Customer.
(d) Kilarny Pty Ltd reserves the right, by notice to the Customer, to alter or amend any quote at any time prior to the supply of the Good and/or Services where the alteration or amendment is due to an increase in the cost to Kilarny Pty Ltd.
(e) Where the Customer requests Goods or Services to be provided that are not included in the Quote, the Customer agrees to pay the additional cost of such Goods or Services and the provision of the additional Goods and Services shall be pursuant to these Terms and Conditions.
(f) If any materials specified in any quote are not available when required by Kilarny Pty Ltd, then Kilarny Pty Ltd may, with the consent of the Customer, supply a substitute material of a similar nature and quality and the Customer shall not unreasonably withhold consent. Any variation in cost arising from the use of substitute materials shall be given to the Customer or where additional site visits are required as a result of delays caused by the Customer or where the Customer has not accurately provided all required information to Kilarny Pty Ltd.

27. Miscellaneous notices.
All notices authorised or required to be made under these Terms and Conditions shall be sent by Facsimiles transmission, delivered personally or sent by prepaid mail and in each case shall be addressed to the party at the address provided herein or at such other address as each party may from time to time notify to the other parties. All notices shall be deemed to have been received the day they were sent except where sent by post that shall be deemed to have been received two (2) days after the date of posting and where sent by Facsimiles transmission upon receipt of the correct and complete transmission.