Terms of Trade
This policy is current as of 28-APR-2022 and is subject to change.
1. Introduction
This Terms of Trade applies to all services and/or goods provided by Liquidjet Pty Ltd (ACN 657 649 726). This document was last updated 28th of April 2022 and supersedes all other versions.
2. Application and Effect
These terms apply to all trade between Liquidjet Pty Ltd (ACN 657 649 726) and the customer or entity. These terms are effective from the date of quotation acceptance or the date of authorisation to provide services or goods.
3. Definitions
Unless the context requires otherwise, the following definitions shall apply to these terms of trade:
3.1 “Liquidjet”, “we”, “us” and “our” means Liquidjet Pty Ltd (ACN 657 649 726) and any of its related companies who have supplied goods or services. This also includes the successors and assignees of those companies.
3.2 “Customer”, “you”, and “client” means the person or entity who opened an account, gave acceptance of a quotation, and/or request the goods or services to be provided. These terms of trade include the Customer’s trustees, executors (if an individual or successor(s)), permitted assigns, and/or administrators.
3.3 “Goods” means the goods supplied to the Customer by Liquidjet which are described by item or indicated on the invoice or quotation associated with those goods.
3.4 “Services” means the services provided to the Customer by Liquidjet which are described by item or indicated on the invoice or quotation associated with that service.
3.5 “PPSA” means the Personal Property Securities Act 1999 and associated regulations, as amended from time to time.
3.6 “PPSR” means the Personal Property Securities Register under the PPSA.
4. Payment
4.1 The Customer shall pay in full for the goods and/or services no later than the due date specified on Liquidjet’s invoice. The Customer shall not;
- have any right of set-off or deduction against the required payment or on account of any money which Liquidjet may owe the Customer, or
- fail to pay the full amount due on or before the due date.
Liquidjet shall, without prejudice to its other rights and remedies, be entitled to charge the Customer interest on the amount outstanding from the day after the due date until payment in full is made. Interest and other charges will apply as per clause 16.
4.2 The price for the goods and/or services supplied or provided by Liquidjet shall become immediately payable, regardless of any other terms of payment, and Liquidjet may take immediate action to recover the price if;
- the Customer is in default under any agreement with Liquidjet, or
- the Customer commits an act of insolvency or bankruptcy, or
- the Customer goes into liquidation, receivership or voluntary administration, enters into a creditors’ composition, or
- the Customer has its credit standing impaired in any way.
5. Withdrawal of Credit
Liquidjet may at any time, in its sole discretion, withdraw the provision of credit to the Customer.
6. Goods Delivery and Returns
6.1 Delivery of goods shall be deemed to be made to the Customer when the goods are first dispatched from Liquidjet’s premises or collected by the Customer or the Customer’s agent. All carriers of goods are deemed to be agents of the Customer.
6.2 Liquidjet may stop future deliveries until the Customer has paid for all previous supplies of goods or services supplied by Liquidjet (whether payment is due or not).
6.3 If Liquidjet is unable to deliver the goods or perform a service because of any cause beyond its control (including any force majeure event), Liquidjet may suspend delivery or cancel the Customer’s order without incurring any liability for loss or damage suffered by the Customer.
6.4 Goods will only be accepted for return with the prior approval of Liquidjet. Freight and all other costs associated with the return of goods will be at the Customer’s expense unless otherwise agreed in writing by Liquidjet.
7. Service Delivery
7.1 The Customer is required to provide no less than one (1) business day notice should the service need to be cancelled or rescheduled. At the sole discretion of Liquidjet, the customer may become liable for all charges as quoted for failing to provide required notice.
7.2 If Liquidjet is unable to provide a requested service on the day that service was scheduled due to an event or cause that it had no control of, including a force majeure event, Liquidjet will attempt to reschedule the service to take place on a day and time that suits the Customer. In the event the Customer wishes to not proceed with rescheduling, the Customer may cancel the service request without implications in clause 7.1.
7.3 If Liquidjet is unable to provide the requested service as quoted, on the day the service was scheduled to be started, due to a cause of the Customer, the Customer will be liable for payment of the service as indicated on the quotation, or a lesser amount at the sole discretion of Liquidjet.
7.4 In the event of Liquidjet being unable to start or complete a service at the Customer’s site due to a Workplace Health and Safety related matter or a Hazard, where the Customer is responsible, the Customer will be notified to remedy the matter. Should the Customer fail to remedy the matter, Liquidjet will not complete the service and the Customer may, at Liquidjet’s sole discretion, charge the Customer for the partial completion or the value of the quotation related to the service.
8. Risk
8.1 Goods and/or services are at the sole risk of the Customer upon delivery in accordance with clause 6.1 whether received by the Customer or not. This also includes a delivery delay, even if the goods’ ownership has not been passed on to the Customer.
8.2 The Customer shall at all times insure the goods and keep them insured for their full value against all causes including loss or damage by fire and theft. If the goods are lost, damaged or destroyed, the Customer must agree to make a claim against the insurance policy with respect to the lost, damaged or destroyed goods and to immediately pay the proceeds received to Liquidjet. The Customer will remain liable to Liquidjet for any shortfall in the insurance proceeds.
8.3 The Customer shall at all times ensure that a current Public Liability insurance policy is current for the worksite should a service be provided. The Customer must make available to Liquidjet, the certificate of currency if requested. Liquidjet will also make available to the Customer upon request, a copy of all Certificates of Currency for Insurance held by Liquidjet to perform the requested services.
9. Ownership
9.1 Ownership of the goods shall not pass on to the Customer until the Customer has paid for the goods in full. In addition, any proceeds of the sale of goods that has not been paid for shall belong to Liquidjet.
9.2 Notwithstanding the provisions of clause 9.1 regarding Liquidjet’s ownership of any sale proceeds, until the ownership of the goods has passed on to the Customer, the Customer shall not be entitled to sell of deliver possession of the goods to any other person or entity.
10. Photography, Videography, and Medias
Liquidjet may from time-to-time capture images and/or videos of Goods and/or Services provided to the Customer. Liquidjet may use captured media for the purposes of;
- internet social media, or
- website, or
- print media, or
- video media, or
- advertising.
Any images or videos that identify the Customer, site, or any personal information will not be used without first receiving the consent of the Customer. All images and/or videos used will be used in accordance with Liquidjet’s privacy policy.
11. Enforcement and PPSA
11.1 The Customer irrevocably gives Liquidjet and its agents the right to enter upon the Customer’s premises, including leased premises, without giving notice and without being any way liable to the Customer, if Liquidjet has cause to exercise any rights it has under section 109 of the PPSA.
11.2 The Customer indemnifies Liquidjet for any and all costs associated with the enforcement of these terms of trade, including legal costs on a solicitor/client basis. This includes; but is not limited to, the cost of any debt collection procedures for which the Customer may be liable for, on top of the outstanding debt.
11.3 The Customer waives its right under the PPSA to receive any verification statement from Liquidjet.
11.4 The Customer shall immediately notify Liquidjet in the event that the Customer changes its name.
12. Representations, Warranties, Terms and Conditions
12.1 To the maximum extent permitted by law, all representations, warranties, terms, and conditions (including any representation, warranty, term or condition expressed or implied by law or otherwise) that are not expressly included in these terms of trade are hereby excluded from the contractual arrangements between Liquidjet and the Customer. Without limiting the generality of the foregoing, the provisions of the Consumer Guarantees Act shall not apply to the supply of goods or services by Liquidjet to the Customer where the Customer acquires, or holds himself or herself out as acquiring, the goods or services for the purposes of a business.
12.2 If Liquidjet shall be under any liability whatsoever to the Customer then whether such liability be in contract, tort (including negligence or for personal injury) or otherwise and notwithstanding any relief or remedy to which the Customer may be entitled at law or in equity, such liability shall be limited to the price at which the goods or services are supplied to the Customer. This includes the actual loss or damage suffered by the Customer, whichever shall be the lesser.
12.3 Under no circumstances will Liquidjet be liable for any financial or economic loss or any indirect or consequential loss of any kind whatsoever.
13. Privacy
13.1 The Customer accepts and agrees to the information and contents contained in Liquidjet’s Privacy Policy.
13.2 The Customer agrees that Liquidjet may obtain information about the Customer from any person, including any credit assessment or debt collection agency, for any purpose being in the course of Liquidjet business, including credit assessment and debt collecting. The Customer consents to any person providing Liquidjet with such information.
13.3 The Customer agrees that Liquidjet may use, for lawful purposes, any information it has about the Customer relating to the Customer’s creditworthiness.
13.4 Without limiting the provisions of clauses 11.1 and 11.2, the Customer understands that:
- Liquidjet is asking the Customer for personal information about the Customer for the purpose of:
- obtaining a credit report on the Customer to help assess the Customer’s creditworthiness for the purpose of Liquidjet opening or reviewing a trading account for the Customer, and.
- registering the security interest created by clause 11.1 under the PPSA;
- Liquidjet will give the Customer’s personal information to:
- a credit checking bureau of Liquidjet’s choice and that bureau will hold that information on their system and use it to provide their credit reporting service, and
- the Registrar of Personal Property Securities and the Registrar will hold that information on the PPSR which will be available for searching by the public in accordance with the PPSA;
- The credit reporting bureau will provide Liquidjet with information about the Customer for the purposes outlined in clause 13.4(a)(i), and when other customers of the credit checking bureau use the credit reporting service the credit checking bureau may give the information to those customers too.
- The Company may use the credit checking bureau’s credit reporting services in the future for purposes related to the provision of credit to the Customer (including personal credit checks against the Customer), and this may include the use of monitoring services to receive updates if any of the information held about the Customer changes.
- If the Customer defaults in the Customer’s payment obligations to Liquidjet, information about that default may be given to the credit reporting bureau and may be provided to other users of that service other than the Customer.
- The Customer has a right of access to, and may request correction of, personal information held by Liquidjet or a third party about the Customer. For those purposes, the Customer understands that he or she may contact Liquidjet at the address set out in the application for credit account to which these terms of trade relate, for information.
14. Amendment
Liquidjet may amend these terms of trade from time to time. The Customer shall in respect of the supply of any particular goods or services by Liquidjet to the Customer be bound by the terms of trade applicable at the time of sale of those goods or services. A copy of the latest version of the terms of trade will be available upon request.
15. General
15.1 Unless expressly provided otherwise in any written agreement between Liquidjet and the Customer, these terms of trade, and the application for credit account to which these terms of trade relate, constitute the entire agreement between Liquidjet and the Customer relating to the supply of goods and services by Liquidjet to the Customer.
15.2 Each provision of these terms of trade is severable in whole or in part and, if any provision is held to be illegal or unenforceable for any reason, only the illegal or unenforceable provision shall be affected and the remainder of these terms of trade shall remain in full force and effect.
15.3 These terms of trade and the application for credit account to which these terms of trade relate shall be construed in accordance with and be governed by the laws of the Country you reside in. Liquidjet and the Customer shall submit to the non-exclusive jurisdiction of the Courts in Tasmania.
16. Interest and Other Charges
16.1 Interest for overdue amounts will be charged at a rate of no more than 6% per annum plus the current Reserve Bank cash rate as set on the 1st of July of the current financial year. Interest is calculated daily.
16.2 A late payment fee of $20.00 AUD plus GST may be applied once to any overdue amount.
16.3 Any fees or charges incurred by Liquidjet relating to the recovery of a debt owed to Liquidjet will be passed through directly to the Customer in addition to the debt already owed.
16.4 Payment reversal, charge-back or any other fees incurred by Liquidjet as a result of a customer-initiated action, that was not the result of a genuine error by either party to the agreement, will be charged to the Customer’s account and invoiced accordingly at the sole discretion of Liquidjet.
16.5 Liquidjet gives no admission or liability to any costs incurred to the Customer relating to management of their account with Liquidjet.
17. How to Contact Us
You can obtain further information in relation to this Terms of Trade by contacting our office;
Liquidjet Pty Ltd
PO BOX 328
GLENORCHY TAS 7010
info@liquidjet.com.au
1300 452 422
17. Related Documents
- Credit Reporting Policy
- Privacy Policy
