Credit Account Terms & Conditions

This Credit Account is provided by Powermax Group (Sawcare Pty Ltd) upon the following terms and conditions, and reserves Powermax Group (Sawcare Pty Ltd) the right to reject any other conditional terms placed by the Purchaser.
1. A contract is established between Powermax Group (Sawcare Pty Ltd) and the Purchaser when Powermax Group (Sawcare Pty Ltd) receives an order to supply goods and/or services and either issues a written acknowledgement to the Purchaser or dispatches goods and/or provides services pursuant to that order.
2. Powermax Group reserves the right to reject any such order at its sole discretion.
3. Powermax Group reserves the right to cancel any such order should the Purchaser be in any breach of these conditions with respect to any such prior or subsequent order, and the Purchaser shall indemnify Powermax Group (Sawcare Pty Ltd) against any loss or damages caused by such cancellation.
4. In the absence of a written order for the supply of goods and/or services, the Purchaser agrees that the invoice issued by Powermax Group (Sawcare Pty Ltd) accurately replicates and represents the order as placed by the Purchaser.
5. The price and the terms of trade are such as quoted by Powermax Group (Sawcare Pty Ltd), or as otherwise agreed to by Powermax Group (Sawcare Pty Ltd). All prices quoted are subject to GST where applicable.
6. Dispatch dates will be observed subject to Powermax Group (Sawcare Pty Ltd) ability to prepare such goods and/or services and effect delivery by available means. Choice of carrier will be at Powermax Group (Sawcare Pty Ltd) absolute discretion, unless otherwise agreed to by Powermax Group (Sawcare Pty Ltd).
7. All risk in and for such goods and/or services shall pass to the Purchaser either upon delivery to such location nominated or agreed to by the Purchaser, or upon collection by the Purchaser, or any servant, agent, courier or carrier of the Purchaser, as the case may be, and the Purchaser absolutely indemnifies Powermax Group (Sawcare Pty Ltd) against such risk.
8. Payment of an invoice is to be made within thirty (30) days following the month in which the invoice is dated, or upon such other terms as agreed to and specifically stated on the Invoice.
9. In the event that payment of an invoice is not made in accordance with clause 8 of these conditions, the Purchaser shall forfeit the right to any claim against Powermax Group (Sawcare Pty Ltd) whatsoever and shall grant an unconditional and irrevocable indemnity to Powermax Group (Sawcare Pty Ltd) against any such claim, and shall pay interest to Powermax Group (Sawcare Pty Ltd) on any outstanding debts at the rate of eighteen per cent (18%) per annum compounded.
10. Title to ownership of any goods and/or services is retained by Powermax Group (Sawcare Pty Ltd) until complete payments by the Purchaser of all outstanding claims are received by Powermax Group (Sawcare Pty Ltd). Prior to the use or resale of any goods, the Purchaser shall store and maintain them in such original condition as when they departed from Powermax Group (Sawcare Pty Ltd). If the goods are resold, or used in the manufacture of other goods and/or services and/or structures, the Purchaser shall act as fiduciary in the recovery of payment for the goods and/or services, segregating such proceeds for the account of Powermax Group (Sawcare Pty Ltd) until payment is effected in full. The Purchaser assigns to Powermax Group (Sawcare Pty Ltd) any claims or rights to payments from the Purchaser's debtors in order to enable Powermax Group (Sawcare Pty Ltd) to make full recovery of any monies owed in respect of such goods and/or services supplied. In the event of the Purchaser failing to pay for such goods and/or services in accordance with clause 8 of these conditions, the Purchaser irrevocably grants Powermax Group (Sawcare Pty Ltd) and any of its agents, the unconditional authority and consent to enter the Purchaser's premises or any other location where the goods may be held, stored or installed for the express purpose of retrieving them, or where the goods are fixed or have become a fixture to any other goods and/or structures, to use reasonable force to remove, detach, disassemble or otherwise take possession of the goods and/or services without liability for trespass, negligence or payment of any compensation to the Purchaser whatsoever, and the Purchaser shall indemnify Powermax Group (Sawcare Pty Ltd) forever against any such claims brought by any other party.
11. Powermax Group (Sawcare Pty Ltd) guarantees that such goods and/or services shall be delivered reasonably free from defect or damage, but is not responsible for the use or misuse of the goods and/or services by the Purchaser or any third or subsequent party.
12. Powermax Group (Sawcare Pty Ltd) will not consider any claim against an invoice, or such goods and/or services covered by an invoice, unless such claim is made in writing within seven (7) days of the receipt of the invoice, or the delivery of such goods and/or services respectively.
13. Any claim for remedy by the Purchaser for any breach of conditions, warranty or condition of goods and/or services covered by an invoice shall be limited to either their replacement, the supply of their equivalent or of a refund of monies paid for such goods and/or services, and shall not include any consequential loss or damages in the event of any defect in or failure of such goods and/or services supplied.
14. Powermax Group (Sawcare Pty Ltd) reserves the right in its sole and absolute discretion, and upon whatever conditions it imposes, to accept any goods and/or services returned by the Purchaser, and to credit the Purchaser subject to clause 9 of these conditions, and the Purchaser agrees to pay a handling and administration charge of 15% of the purchase price.
15. The Purchaser hereby releases, indemnifies and protects Powermax Group (Sawcare Pty Ltd) from and against any loss, liability, claim, suit and/or cost suffered caused by circumstances beyond its control, but not limited to, strikes, lock-outs, labour disturbances, Acts of God, statutes, riot, wars, commotion, fire, flood, earthquake, power failure or similar event, or any consequential loss, liability, claim, damages, suit or expense suffered by the Purchaser or any other party as a result of any such event.
16. When processing the Purchaser's own materials, Powermax Group (Sawcare Pty Ltd) will endeavour to achieve industry acceptable standards of production, but will not accept liability for any failure to meet these standards. Liability is strictly limited to the invoice value of the work or service performed.
17. This Credit Account is governed by Australian Law, and any dispute arising therefrom shall be subject to the courts of these jurisdictions.
18. Powermax Group (Sawcare Pty Ltd) does not waive any of its legal rights in respect of these conditions, or of any goods and/or services, and shall not be bound by any waiver made by its servants or agents on any particular occasion. Powermax Group (Sawcare Pty Ltd) expressly excludes all implied terms, conditions and warranties, and these conditions will not be varied unless Powermax Group (Sawcare Pty Ltd) agrees in writing.
19. If any of these terms shall become, or are found to be unlawful or invalid, then they shall be severed from these terms and conditions, to preserve the remaining terms and conditions as valid and binding.
20. This Credit Account facility may cease if the facility remains dormant for a period of six (6) months.

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