Terms of service
Haverford Pty Limited - Terms and Conditions of Sale
1. Definitions and interpretation
1 5. Force majeure
.1 In this Agreement, the following words have the following meanings:
Company means Haverford Pty Limited ACN 000 022 551 and its 5.1 The Company will not be liable to the Customer in any manner or be
successors and assigns. deemed to be in breach of this Agreement because of any delay in
Customer means the Customer described in the Order Form or any performing or any failure to perform any of the Company’s obligations
approved account held with the Company. under this Agreement especially if the delay or failure was due to any cause
Price means the Price for the Goods (expressed in Australian dollars) beyond the Company’s reasonable control.
described in the Order Form plus the Price of postage/handling. 5.2 The following will be included (without limitation) as causes beyond the
Goods means the netting, tackle, rope, twine, accessories or any other Company’s reasonable control: (a) governmental actions, war or threats of
goods supplied by the Company as described in the Order Form. war, national emergency, riot, civil disturbance, sabotage or requisition;
Order Form means the Order Form annexed to this Agreement or on the (b) acts of God, fire, explosion, flood, epidemic or accident; (c) import or
websites www.haverford.com.au or www.catnets.com.au. export regulations or embargoes; (d) labour disputes not including disputes
1.2 Headings are for convenience only and will not affect their interpretation. involving the Company’s work-force; (e) any kind of carriage or postal
delay; or (f) inability to obtain or delay in obtaining supplies of the Goods
2. Orders and payment or materials which are components of the Goods.
2.1 The terms and conditions in this Agreement apply to every order placed by
the Customer with the Company for the Goods upon acceptance of that order by
the Company. The Company is not obliged to accept any order placed by a
Customer, whether the Customer is an account holder or not.
2.2 The Company will issue a tax invoice to the Customer in respect of an
accepted order. For Customers that do not have accounts with the
Company, the Customer must pay the Price in full before supply of the Goods
and all invoices issued are payable immediately. For Customers that do have
an account with the Company and are not otherwise in default of any obligation
owed to the Company, the Customer must pay the Price of the Goods within 30
days of supply of the Goods pursuant to an order and the tax invoice will be
issued on 30 day terms. The Company may cancel a Customer’s account at any
time in it’s absolute discretion.
2.3 The Company will sell the Goods at the price nominated by the Company on
it’s website or published promotional materials and special or customised
orders will be charged at a Price to be agreed between the Company and the
Customer. The Company reserves the right to amend the Prices for Goods at any
time (but not in relation to an accepted order).
2.4 If the Price (or any part of it) is not paid strictly in accordance with this
Agreement, the Customer agrees to pay to the Company interest on any amounts
due to the Company but unpaid at the rate of 11.0% per annum, calculated daily
until paid.
2.5 The Customer further agrees that all costs and disbursements incurred by the
Company in recovering payment of any overdue invoice, retaking possession of
the Goods or in otherwise enforcing its rights under this Agreement
including, without limitation, legal costs on the solicitor and client basis
are recoverable against the Customer as a debt (Recovery Expenses).
2.6 The Customer hereby charges in favour of the Company any real property and
other property in which it has an interest with payment of any outstanding
invoices, costs and expenses, including Recovery Expenses (Charge) and you
irrevocably authorise us to lodge caveats to notify and protect that Charge in
relation to any real property in which you have an interest. Where the Customer is
a corporation, if any tax invoice remains unpaid for 14 days after the due date
for payment, the Company may enforce the Charge by the appointment of a
receiver by the Supreme Court of New South Wales and the Customer
consents to the appointment of such a receiver.
2.7 Once accepted by the Company, no order from the Customer may be cancelled
by the Customer except with the written consent of the Company and on terms
that the Customer must immediately pay to the Company all costs and expenses
which have reasonably been incurred by the Company in providing or preparing
to provide the Goods to the time of cancellation, including any courier, packing
and postage costs.
2.8 The Company may at any time and for any reason cancel an order. In those
circumstances, any amount paid by the Customer in respect of that cancelled
order will be refunded to the Customer by cheque to the address nominated in
the Order Form within 7 days.
3. Provision of Goods
3.1 Upon acceptance by the Company of an order placed by a Customer, the
Company will prepare to provide the Goods ordered.
3.2 The Goods will be dispatched as soon as reasonably practicable in the case of
account holders who are not in default of any obligations owed to the Company
and as soon as reasonably practicable after receipt of the payment of the
Price in full in the case of non-account Customers.
3.3 The Company will endeavour to provide all reasonable assistance to the
Customer in relation to the installation of the Goods or the referral of the
Customer to third parties to install the Goods however, the Customer is solely
responsible for the proper installation and use of the Goods and acknowledges
that the Company is not responsible for the installation of the Goods by a third
party.
3.4 The Customer has no right of action for damages or otherwise against the
Company in respect of any loss occurring by reason of any delay in the
provision of the Goods, arising from the incorrect use or installation of the
Goods or from cancellation of an order.
4. Title and risk
4.1 Risk of damage to or loss of the Goods passes to the Customer upon dispatch
from The Company’s premises.
4.2 Title in the Goods does not pass to the Customer until payment in full of the
Price.
6. Warranties
6.1 The Company will supply the Goods in accordance with any applicable industry
or statutory standards. To the maximum extent permitted by law, the Company
does not provide any warranty in relation to the Goods other than that they are of
merchantable quality.
6.2 The Customer warrants that it has accurately and completely filled in the
Company’s approved Order Form and it has made all proper enquiries to satisfy
itself that the Goods are suitable for it’s intended use in every respect. The
Company offers no warranty in this regard.
6.3 Customer acknowledges that the Goods need to be properly installed and
regularly checked and maintained and the Customer warrants to the Company
that it will take all reasonable precautions in using, supervising the use of,
installing and regularly maintaining the Goods to minimise any risk of personal
injury or damage to or loss of property, including the escape or entry of any
animals.
6.4 The Customer acknowledges that the Company has intellectual property and
other similar rights in relation to the Goods and warrants that it will not and will
not assist, whether directly or indirectly, any entity to take any steps to
derogate from or impede those rights.
6.5 The Company will full refund or exchange Goods (in the Company’s
absolute discretion) in the unlikely event of faulty manufacture or workmanship
provided that the Goods are returned intact within 14 days of receipt by the
Customer. We offer a full refund on all stock items that have not been cut to
your specification.
For any items that have been cut "by-the-metre", such as netting, rope or wire we
will refund 50% of the sale price, assuming the item has not been used or
altered since we sent it to you. Unboxed Freestanding enclosures can be
returned for a full 100% refund. Freestanding enclosures once unboxed
cannot be returned for change of mind or incorrect size. Replacement parts
will be sent for faulty components.
7. Limitation of liability
7.1 To the maximum extent permitted by law, the Company’s total liability in
contract, tort (including negligence or breach of statutory duty), misrepresentation
or otherwise, arising in connection with the performance or contemplated
performance of this Agreement is excluded.
7.2 Where such liability cannot be excluded completely, liability is limited to the
Price, the repair or replacement of the Goods or provision of further Goods at the
Company’s absolute discretion.
8. Indemnity
The Customer indemnifies the Company and its contractors, delegates,
employees, directors and agents for any and all loss, cost, damage, liability or
expense, whether direct, indirect, special or consequential, including but not
limited to loss of profits or damage to goodwill, in relation to any claim in
relation to the use of the Goods, including but not limited to any claim in relation
to any injury caused to any person or damage to or loss of any property,
including but not limited to animals.
9. Governing law and jurisdiction
This Agreement and the transactions contemplated by this Agreement are
governed by the law in force in New South Wales and the parties submit to the
exclusive jurisdiction of the courts of New South Wales and all courts competent
to hear appeals from those courts in respect of all proceedings arising in
connection with this Agreement.
10. Variation and waiver
11.1 The terms of this Agreement may be varied only by a written agreement between
the parties.
11.2 No right or remedy under or arising from this Agreement may be waived other
than in writing signed by all the parties. Accordingly, any non- exercise or
partial exercise of, or any delay in exercising any right or remedy does not
constitute a waiver of that right or remedy.
11. Severance
If any provision of this Agreement should be held to be void, illegal or
unenforceable in any way, it may be severed and the remaining provisions
will not in any way be effected or impaired thereby and this Agreement
will be construed so as to most nearly give effect to the intent of the parties as it
was originally executed.
12. Entire agreement
This Agreement constitutes the entire agreement of the parties about its subject
matter and any previous document, understanding and negotiation on that
subject matter ceases to have any effect
1. Definitions and interpretation
1 5. Force majeure
.1 In this Agreement, the following words have the following meanings:
Company means Haverford Pty Limited ACN 000 022 551 and its 5.1 The Company will not be liable to the Customer in any manner or be
successors and assigns. deemed to be in breach of this Agreement because of any delay in
Customer means the Customer described in the Order Form or any performing or any failure to perform any of the Company’s obligations
approved account held with the Company. under this Agreement especially if the delay or failure was due to any cause
Price means the Price for the Goods (expressed in Australian dollars) beyond the Company’s reasonable control.
described in the Order Form plus the Price of postage/handling. 5.2 The following will be included (without limitation) as causes beyond the
Goods means the netting, tackle, rope, twine, accessories or any other Company’s reasonable control: (a) governmental actions, war or threats of
goods supplied by the Company as described in the Order Form. war, national emergency, riot, civil disturbance, sabotage or requisition;
Order Form means the Order Form annexed to this Agreement or on the (b) acts of God, fire, explosion, flood, epidemic or accident; (c) import or
websites www.haverford.com.au or www.catnets.com.au. export regulations or embargoes; (d) labour disputes not including disputes
1.2 Headings are for convenience only and will not affect their interpretation. involving the Company’s work-force; (e) any kind of carriage or postal
delay; or (f) inability to obtain or delay in obtaining supplies of the Goods
2. Orders and payment or materials which are components of the Goods.
2.1 The terms and conditions in this Agreement apply to every order placed by
the Customer with the Company for the Goods upon acceptance of that order by
the Company. The Company is not obliged to accept any order placed by a
Customer, whether the Customer is an account holder or not.
2.2 The Company will issue a tax invoice to the Customer in respect of an
accepted order. For Customers that do not have accounts with the
Company, the Customer must pay the Price in full before supply of the Goods
and all invoices issued are payable immediately. For Customers that do have
an account with the Company and are not otherwise in default of any obligation
owed to the Company, the Customer must pay the Price of the Goods within 30
days of supply of the Goods pursuant to an order and the tax invoice will be
issued on 30 day terms. The Company may cancel a Customer’s account at any
time in it’s absolute discretion.
2.3 The Company will sell the Goods at the price nominated by the Company on
it’s website or published promotional materials and special or customised
orders will be charged at a Price to be agreed between the Company and the
Customer. The Company reserves the right to amend the Prices for Goods at any
time (but not in relation to an accepted order).
2.4 If the Price (or any part of it) is not paid strictly in accordance with this
Agreement, the Customer agrees to pay to the Company interest on any amounts
due to the Company but unpaid at the rate of 11.0% per annum, calculated daily
until paid.
2.5 The Customer further agrees that all costs and disbursements incurred by the
Company in recovering payment of any overdue invoice, retaking possession of
the Goods or in otherwise enforcing its rights under this Agreement
including, without limitation, legal costs on the solicitor and client basis
are recoverable against the Customer as a debt (Recovery Expenses).
2.6 The Customer hereby charges in favour of the Company any real property and
other property in which it has an interest with payment of any outstanding
invoices, costs and expenses, including Recovery Expenses (Charge) and you
irrevocably authorise us to lodge caveats to notify and protect that Charge in
relation to any real property in which you have an interest. Where the Customer is
a corporation, if any tax invoice remains unpaid for 14 days after the due date
for payment, the Company may enforce the Charge by the appointment of a
receiver by the Supreme Court of New South Wales and the Customer
consents to the appointment of such a receiver.
2.7 Once accepted by the Company, no order from the Customer may be cancelled
by the Customer except with the written consent of the Company and on terms
that the Customer must immediately pay to the Company all costs and expenses
which have reasonably been incurred by the Company in providing or preparing
to provide the Goods to the time of cancellation, including any courier, packing
and postage costs.
2.8 The Company may at any time and for any reason cancel an order. In those
circumstances, any amount paid by the Customer in respect of that cancelled
order will be refunded to the Customer by cheque to the address nominated in
the Order Form within 7 days.
3. Provision of Goods
3.1 Upon acceptance by the Company of an order placed by a Customer, the
Company will prepare to provide the Goods ordered.
3.2 The Goods will be dispatched as soon as reasonably practicable in the case of
account holders who are not in default of any obligations owed to the Company
and as soon as reasonably practicable after receipt of the payment of the
Price in full in the case of non-account Customers.
3.3 The Company will endeavour to provide all reasonable assistance to the
Customer in relation to the installation of the Goods or the referral of the
Customer to third parties to install the Goods however, the Customer is solely
responsible for the proper installation and use of the Goods and acknowledges
that the Company is not responsible for the installation of the Goods by a third
party.
3.4 The Customer has no right of action for damages or otherwise against the
Company in respect of any loss occurring by reason of any delay in the
provision of the Goods, arising from the incorrect use or installation of the
Goods or from cancellation of an order.
4. Title and risk
4.1 Risk of damage to or loss of the Goods passes to the Customer upon dispatch
from The Company’s premises.
4.2 Title in the Goods does not pass to the Customer until payment in full of the
Price.
6. Warranties
6.1 The Company will supply the Goods in accordance with any applicable industry
or statutory standards. To the maximum extent permitted by law, the Company
does not provide any warranty in relation to the Goods other than that they are of
merchantable quality.
6.2 The Customer warrants that it has accurately and completely filled in the
Company’s approved Order Form and it has made all proper enquiries to satisfy
itself that the Goods are suitable for it’s intended use in every respect. The
Company offers no warranty in this regard.
6.3 Customer acknowledges that the Goods need to be properly installed and
regularly checked and maintained and the Customer warrants to the Company
that it will take all reasonable precautions in using, supervising the use of,
installing and regularly maintaining the Goods to minimise any risk of personal
injury or damage to or loss of property, including the escape or entry of any
animals.
6.4 The Customer acknowledges that the Company has intellectual property and
other similar rights in relation to the Goods and warrants that it will not and will
not assist, whether directly or indirectly, any entity to take any steps to
derogate from or impede those rights.
6.5 The Company will full refund or exchange Goods (in the Company’s
absolute discretion) in the unlikely event of faulty manufacture or workmanship
provided that the Goods are returned intact within 14 days of receipt by the
Customer. We offer a full refund on all stock items that have not been cut to
your specification.
For any items that have been cut "by-the-metre", such as netting, rope or wire we
will refund 50% of the sale price, assuming the item has not been used or
altered since we sent it to you. Unboxed Freestanding enclosures can be
returned for a full 100% refund. Freestanding enclosures once unboxed
cannot be returned for change of mind or incorrect size. Replacement parts
will be sent for faulty components.
7. Limitation of liability
7.1 To the maximum extent permitted by law, the Company’s total liability in
contract, tort (including negligence or breach of statutory duty), misrepresentation
or otherwise, arising in connection with the performance or contemplated
performance of this Agreement is excluded.
7.2 Where such liability cannot be excluded completely, liability is limited to the
Price, the repair or replacement of the Goods or provision of further Goods at the
Company’s absolute discretion.
8. Indemnity
The Customer indemnifies the Company and its contractors, delegates,
employees, directors and agents for any and all loss, cost, damage, liability or
expense, whether direct, indirect, special or consequential, including but not
limited to loss of profits or damage to goodwill, in relation to any claim in
relation to the use of the Goods, including but not limited to any claim in relation
to any injury caused to any person or damage to or loss of any property,
including but not limited to animals.
9. Governing law and jurisdiction
This Agreement and the transactions contemplated by this Agreement are
governed by the law in force in New South Wales and the parties submit to the
exclusive jurisdiction of the courts of New South Wales and all courts competent
to hear appeals from those courts in respect of all proceedings arising in
connection with this Agreement.
10. Variation and waiver
11.1 The terms of this Agreement may be varied only by a written agreement between
the parties.
11.2 No right or remedy under or arising from this Agreement may be waived other
than in writing signed by all the parties. Accordingly, any non- exercise or
partial exercise of, or any delay in exercising any right or remedy does not
constitute a waiver of that right or remedy.
11. Severance
If any provision of this Agreement should be held to be void, illegal or
unenforceable in any way, it may be severed and the remaining provisions
will not in any way be effected or impaired thereby and this Agreement
will be construed so as to most nearly give effect to the intent of the parties as it
was originally executed.
12. Entire agreement
This Agreement constitutes the entire agreement of the parties about its subject
matter and any previous document, understanding and negotiation on that
subject matter ceases to have any effect