10The price of the Products will be the OlympusTech quoted price.
11All prices are in Australian dollars and are ex-works the OlympusTech premises.
12Customer must pay all freight, packing, delivery and insurance costs, if We agree to deliver the goods for You.
20You acknowledge and agree that this agreement will be governed by the laws of New South Wales, and the laws of the Commonwealth of Australia which are in force in New South Wales.
21Customer acknowledges and agrees that any contract for the supply of goods or services between us and Customer is formed at the address of OlympusTech.
22The parties to this agreement submit to the non-exclusive jurisdiction of the courts of New South Wales and the relevant federal courts and courts competent to hear appeals from those courts.
Formation of contract
23Quotations made by OlympusTech will not be construed as an offer or obligation to supply any Products in accordance with the quotation.
24We reserve the right to accept or reject, at our discretion, any offer to purchase received by Us. Only acceptance by Us of Your offer will complete a contract.
25Placement of an order, must be in writing and will constitute agreement by You that these terms and conditions apply to the order.
Provision of further information
35You undertake to comply with any request by Us to provide further information for the purpose of assessing Your creditworthiness, including an updated credit application.
36If Your business is a corporation (with the exception of a publicly listed company), You must advise us of any alteration to Your corporate structure (for example, any changes to directors, shareholders, or constitution). In the case of a change of directors or shareholders we may ask for new guarantors to sign a guarantee and indemnity.
37If Customer organisation becomes insolvent, You remain liable under this agreement for payment of Your liabilities to OlympusTech.
38You must pay for Your own legal, accounting and business costs and all costs incurred by us relating to any default by You. You must also pay for all stamp duty and other taxes payable on this agreement (if any).
47Customer agrees to OlympusTech collecting, using and disclosing information about Customer for various purposes, including to:
- a. assess creditworthiness as outlined in clause 16
- b. supply the Products and services to Customer and the management of Customer’s account, including suppliers
- c. communicate with You about the Products and services We may provide to You
- d. implement these Terms and any Sales Contract; and e. comply with relevant laws
48OlympusTech, at the written request of Customer, will:
- a. provide You with access to any personal information relating to You held by Us
- b. correct or amend any personal information relating to Customer held by Us which is inaccurate or out of date
49Where applicable, OlympusTech will be guided and governed by the terms of the Privacy Act 1988.
50 This agreement constitutes the entire agreement between the parties relating in any way to its subject matter. All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this agreement are merged in this agreement and are of no further effect.
51 If any provision of this agreement is not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.
52If any part of this agreement is invalid or unenforceable, that part is deleted and the remainder of the agreement remains effective.
53You agree that these terms and conditions may be varied, added to, or amended by an us at any time by written notice to You.
54Any proposed variation to these terms and conditions by You must be requested in writing.
55A waiver by OlympusTech of any provision or breach of this agreement is only effective if made by an authorised officer of OlympusTech in writing.
56A waiver by Customer of any provision or breach of this agreement is only effective if made by Your authorised officer in writing.
This document details the standard customer trading terms applicable to quotations and orders from Olympus Technology Services Pty Limited, from 1st August 2016. For further information, please contact us at firstname.lastname@example.org
WHERE WE ARE
44a Foveaux Street,
Surry Hills,NSW 2010
Freecall: 1800 932 421