The following terms and conditions of sale shall apply to the sale of goods and/or services ("goods") by Avel Innovations Pty Ltd ACN 655 429 655 ("the Supplier") to the Customer. These terms and conditions of sale replace any previous terms and conditions of sale. Unless varied by notice in writing by the Supplier these terms and conditions shall be governed by and construed in accordance with the laws of the State of Victoria (regardless of where the goods are delivered). The parties submit to the exclusive jurisdiction of the courts in the State of Victoria (and, if there is more than one such court in the capital city, at such court as the Supplier in its absolute discretion selects). The parties agree that proceedings may be commenced in any such Court in the State of Victoria and consent to that Court having jurisdiction by virtue of clause 8(a) notwithstanding that that Court would not have such jurisdiction without this consent.
In these Terms and Conditions and the following section of this document entitled "Agreement" and any other associated or collateral documents (unless a contrary intention is stated): "Customer" means a person whose order for the purchase of goods is accepted by the Supplier; "Supplier" means Avel Innovations Pty Ltd ACN 655 429 655 or any of its subsidiary or associated companies or their respective assigns;
Unless otherwise agreed in writing by the Supplier, any terms and conditions of the Customer's order deviating from or inconsistent with these terms and conditions are expressly rejected by the Supplier as are any variations to these terms and conditions not expressly agreed to in writing by the Supplier. The Supplier may vary these terms and conditions by notice in writing to the Customer. The Customer agrees that the purchase of any goods after the date of a notice of variation will be deemed to be an acceptance of such varied terms and conditions. In these terms the singular shall include the plural and vice versa.
Unless otherwise agreed in writing by the Supplier, the Customer shall pay for all goods delivered in any calendar month on or before the last trading day in the following month.
If the Customer does not pay the Supplier by the due date, the Customer shall pay interest on monies due, charged on a daily basis at 15%pa from the due date for payment until the actual date of payment and shall be charged to the Customer's account with the Supplier.
The Customer shall pay any legal costs and fees (on a full indemnity basis), stamp duties, bank charges or merchant fees or like charges levied on the Supplier by any banker or other credit provider whose banking or credit card facilities are utilised by the Customer for paying the Supplier any amounts on any account and other expenses payable of and incidental to any litigation on these terms and conditions together with any collection costs or dishonoured cheque fees.
All claims for the Supplier's failure to comply with the Customer's order whether due to shortfall, defect, incorrect delivery or otherwise must be made by giving written notice to the Supplier within three (3) days from the date of delivery. If the Customer fails to provide such notice then the Customer shall be deemed to have accepted the goods and in good condition in accordance with the Customer's order.
These conditions shall not exclude, or limit the application of any provision of any statute including any implied condition or warranty the exclusion of which would contravene any statute (including the Trade Practices Act 1974) or cause any part of this clause 7 to be void. To the extent permitted by law all conditions, warranties and undertakings are expressly excluded.
Unless the goods supplied by the Supplier are of a kind ordinarily acquired for domestic household or personal use or consumption, the Supplier's liability under clause 7 (b) for breach of a non-excludable condition or warranty is limited, at the Supplier's option, to any one of the following: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of providing replacement goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired.
Subject to clause 7(b) the Supplier shall not be liable for any direct or indirect loss whatsoever, including consequential loss, loss of profits, loss of opportunity or loss of use.
Unless varied by notice in writing by the Supplier these terms and conditions shall be governed by and construed in accordance with the laws of the State of Victoria (regardless of where the goods are delivered). The parties submit to the exclusive jurisdiction of the courts in the State of Victoria (and, if there is more than one such court in the capital city, at such court as the Supplier in its absolute discretion selects).
The parties agree that proceedings may be commenced in any such Court in the State of Victoria and consent to that Court having jurisdiction by virtue of clause 8(a) notwithstanding that that Court would not have such jurisdiction without this consent.
