WTG PTY LTD
IN THE EVENT THAT THE SUPPLIER SELLS GOODS AND/OR PROVIDES SERVICES TO THE CUSTOMER OTHERWISE THAN AS A RESULT OF THE CUSTOMER COMPLETING A CREDIT ACCOUNT APPLICATION THEN THESE TERMS OF SALE SHALL BE CONSTRUED WITHOUT REFERENCE TO A CREDIT ACCOUNT APPLICATION HAVING BEING COMPLETED BY THE CUSTOMER BUT OTHERWISE THAN IN THIS REGARD ALL OTHER TERMS AND CONDITIONS IN THESE TERMS OF TRADE APPLY TO ANY SUCH SALE OF GOODS AND/OR PROVISION OF SERVICES BY THE SUPPLIER TO THE CUSTOMER.
These Terms of Trade although part of the Credit Account Application are also the Terms of Trade in relation to each sale of goods and/or provision of services by the Supplier to the Customer. The Supplier is under no obligation to supply goods and/or services. The Customer acknowledges and agrees that these Terms of Trade may be altered by amendment and/or deletion at any time by the Supplier and such amended Terms of Trade shall thereupon apply to each sale of goods and/or provision of services thereafter unless a quotation by the Supplier has been provided to the Customer (including the current Terms of Trade) and such quotation has been accepted by the Customer in accordance with its terms and conditions (whereupon the Terms of Trade applicable to the quotation shall apply to the subsequent delivery of goods and/or provision of services). All invoices raised by the Supplier in consequence of an order shall include the then current Terms of Trade.
The Supplier, where appropriate, includes the employees, agents, subcontractors, successors and assignees of and any entity claiming through or under the Supplier. The Customer means the legal entity that has completed an Credit Account Application and is purchasing or agreeing to purchase goods and/or services of the Supplier and includes the employees, agents, sub- contractors and successors of and any entity claiming through or under the Customer.
3. Prices, Credits, Quotations, Cancellations and Taxes
The Customer must pay all direct and indirect costs incurred by the Supplier on cancellation of any order by the Customer for any reason.
4. Delivery of Goods and Conditions
5. Information and Change in Circumstances
6. Delivery of Goods and Provision of Services by Installments or Stages
Where by a contract the Supplier is to deliver goods by installments or supply services by stages (and whether or not the price for either is paid by installments corresponding to each delivery or supply), each installment or stage shall be treated as a severable contract and whether or not there is one contract in respect of the delivery of all the goods or all of the services.
7. Account Closure
The Supplier reserves the right to request payment of all current and forward orders upon closure of the Commercial Credit Account or sale of the business of the Customer. The Supplier requires not less than seven (7) days written notice prior to the Customer closing the Credit Account.
8. Product Development
The Supplier’s goods are constantly evolving through market and technical research and development and the Supplier reserves the right to change specifications and/or discontinue goods at the Supplier’s sole discretion.
9. Title to Goods
The goods remain the absolute property of the Supplier until the whole of the price therefore is paid in full provided that:
10. Non-payment, Breach, Costs and Interest
11. Supplier Liability
The Customer may have rights under the Australian Consumer Law which are not affected by these Terms of Trade. The provisions of this clause 11 are to be read subject to those rights and subject to any other statutory provisions contrary to the provisions of this clause 11. To the fullest extent permitted by law: –
12. Non-waiver of Breach
If the Supplier does not act in relation to a breach by the Customer of any of these Terms of Trade or of any additional terms of trade of a relevant contract (including an accepted quotation), this does not waive the Supplier’s right to act with respect to that breach or subsequent or similar breaches.
13. Preservation of Rights
The termination of any contract between the Supplier and the Customer on any account whatsoever does not in any way prejudice or affect the rights, duties or obligations of the parties under any such contract that may have arisen before the date of termination.
14. Intellectual Property
To the full extent permitted by law, the Supplier exclusively reserves and the Customer acknowledges the Suppliers right to all copyright, trademarks, industrial designs, patents and any other industrial and intellectual property rights in the Suppliers goods, drawings, designs, diagrams, schemes, plans, publications and other documents, discoveries, improvements and inventions that comprise, relate to or arise out of the goods and/or the services provided. The Customer shall not copy, use or allow any third party to copy or use any of the foregoing without the Supplier’s prior written consent.
15. Force Majeure
If by reason of any fact, circumstance, matter or thing beyond the reasonable, foreseeable and practical control of the Supplier, the Supplier is unable to perform in whole or in part any of its obligations to the Customer, then the Supplier will be relieved of that obligation to the extent and for such period that it is unable to perform and will not be liable to the Customer in respect of such inability.
16. Time of the Essence
Where an obligation is imposed on the Customer by these Terms of Trade, or the relevant contract, (including an accepted quotation) time is of the essence.
If any of these Terms of Trade or additional terms of trade of a relevant contract (including an accepted quotation) is invalid or unenforceable, it will be struck out and the remaining terms and conditions will remain in full force and effect.
18. Remedies Law and Jurisdiction and Other Remedies
The Customer must maintain the commercial confidentiality of the terms of all quotations and accepted orders and all trade and commercial secrets of the Supplier and of any other commercially sensitive or valuable commercial or technical information of the Supplier in whatever form received by the Customer (“Confidential Information”) and may only use Confidential Information for the purposes of the Customer’s contracts with the Supplier and any other related dealings between the Supplier and the Customer.
20. Use of Goods
The customers will use the goods and their replicas for civil use only. The customer will never use them for the development or the manufacture of weapons for mass destruction such as but not limited to; nuclear, biological or chemical weapons ad missiles, Missiles, Rocket systems or Unmanned Aerial Vehicles capable of a range of at least 300 kilometres for not only military use but also civil use, or any other weapons.