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 mean the Services provided by CONSULT3D to the client at the clients request pursuant to an Order.
Goods mean goods provided by CONSULT3D to the client at the client’s request pursuant to an Order.
- Quotations provided by CONSULT3D to the Client for the supply Services and/or Goods are valid only if they
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/ ex-works (Incoterm 2010) 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 have 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 three instalments. The first instalment shall 50% which must be paid with placing the order or with order acknowledgement. The second instalment is 40% and must be paid when the goods are ready to ship. The third instalment of 10% has to be paid within 30 days after the goods are getting shipped or the service is completed. Consultations have to be paid in full upfront.
- Cancellation and Change
No Order may be cancelled 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 costs 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 & Condition 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.
- Subject to change
These Terms and Conditions are subject to change without notice.
The up-to-date version of CONSULT3D Pty Ltd Terms and Conditions will be provided with the quotation and can be looked up on our website.© CONSULT3D Pty Ltd 2018 – V.2018.1