Terms and Conditions CONSULT3D PTY LTD
CONSULT3D Pty. Ltd. [ CONSULT3D ]
ACN: 601624837 | ABN: 87601624837
214 Albert Street Unit 1, East Melbourne VIC 3002 Australia
- Client or Customer means the person or entity that places an Order with CONSULT3D for Services and / or Goods
- Order means a Purchase Order for Services and/or Goods submitted
in writing by the Client to CONSULT3D. An Order will become binding on CONSULT3D and the Client as soon the Client has been provided with a written Order Acceptance and / or a confirmation of payment.
- Services means the Services provided by CONSULT3D to the client at
the clients request pursuant to an Order.
Goods means goods provided by CONSULT3D to the client at the clients request pursuant to an Order.
- Quotations provided by CONSULT3D to the Client for the supply Services
and/or Goods are valid only if the have been provided in writing by CONSULT3D. Quotations for services and / or goods are valid for 30 calendar days unless
otherwise specified in writing by CONSULT3D.
Any verbal quotation requires written confirmation by CONSULT3D.
- Price meant the price for Services or Goods as stated in the Quotation and agreed to in the Order or as otherwise agreed to in writing by CONSULT3D.
Prices quoted apply only to the deliveries and quantities specified in the quotation. Any goods are subject to the Incoterm EXW unless specified differently in writing by CONSULT3D. All services and goods are without all applicable taxes (this also means excluding GST).
- Delivery means the delivery of information and / or goods. Information can be delivered in the form of reports & presentations or email and phone.
Goods are delivered according to the specifications agreed in the Quotation.
- The Time of delivery is specified in the Quotation. CONSULT3D may has to adjust the time of delivery due to delays caused by third parties. CONSULT3D will inform the Client as soon as possible about any possible delays but will not compensate for any damage or additional cost that may occur through the delay.
- Payment means the payment of services and/or goods as quoted by CONSULT3D and accepted by the Client the order confirmation. The client agrees to pay the total amount in two installments of 50% each. The first 50% must be paid with placing the order or with order acknowledgment. This first installment is not refundable.
The second 50% must be paid prior to delivery of the services and/or goods.
- Cancellation and Change
No Order may be canceled or altered by the Client without the prior written consent from CONSULT3D. The Client agrees to indemnify CONSULT3D against all losses and expenses associated with or arising out of any variation of an Order permitted by CONSULT3D.
If CONSULT3D approves a cancellation of an Order, in whole or in part, CONSULT3D will be entitled to payment for all work performed.
- Intellectual Property Rights (IPR)
CONSULT3D does not trade, sell, grant, transfer or assign any IPR to the Client in the course of performing its obligations under these Terms & Conditions including any Intellectual Property Rights in the Services.
CONSULT3D excludes all liability to a maximum extent permitted by law.
Any liability is to direct damages only and to the maximum value of the fees
charged in the project by CONSULT3D. Any compensation for indirect loss
or damage such as, but not limited to, claims for loss of production, revenue,
profit including interest, business, contracts or an opportunity and increased cost
of capital, financing or overhead incurred to the Client is excluded.
Where Goods are supplied to the Client, CONSULT3D liability is limited to:
– the costs of replacing the Goods or
– the costs of obtaining equivalent Goods or
– the costs of repairing the Goods, whatever is the lowest amount.
These Terms & Conditions are governed by the laws of Victoria, Australia.
The Invalidity or Unenforceable of any part of these Terms & Conditions
does not affect the enforceability of any part or provisions of these Terms
and the invalid or unenforceable part is severable.
By accepting a quotation and placing an order with CONSULT3D,
the client is accepting these Terms & Conditions.