Terms & Conditions
1. Definitions and Interpretations
1.1. In these terms and conditions:
“Additional Charges” includes all delivery costs, goods and services tax, interest, legal and other costs of recovery of unpaid money and all other government fees and/or charges arising from the sale of the Goods. “Contract” means an agreement between Quik Corp and a Customer for the supply of Goods. “Customer” means the person to or for whom the Goods are to be supplied by Quik Corp. “Delivery” is defined in clause 3. “Goods” means the products, goods and/or services sold to the Customer by Quik Corp. “Purchase Price” means the list price for the Goods as charged by Quik Corp at the date of delivery or such other price as may be agreed by Quik Corp and the Customer prior to delivery of the Goods. “Quik Corp” means Quik Corp Pty Ltd (ABN 18 081 235 556).
2. Orders and Contract
2.1. A contract is made between Quik Corp and the Customer for the sale and purchase of Goods when an order has been placed by the Customer and the order has been accepted by Quik Corp.
2.2. Quik Corp reserves the right to accept a part only of any order by notifying the Customer or by delivering the Goods to the Customer.
2.3. No order is binding on Quik Corp until accepted by Quik Corp.
2.4. Acceptance of an order by Quik Corp is an acceptance of these terms and conditions by Quik Corp and the Customer.
2.5. An order which has been accepted in whole or in part by Quik Corp cannot be cancelled by the Customer without obtaining the prior written approval of Quik Corp, which it may refuse in its absolute discretion.
2.6. The Contract constitutes the entire agreement between Quik Corp and the customer with respect to the Goods supplied under the Contract and all prior negotiations, proposals and correspondence are superseded by that Contract.
3.1. Delivery occurs and risk of loss to Goods will pass to the Customer on the earlier of:
3.1.1. collection of the Goods by the Customer; or
3.1.2. collection of the Goods by a carrier, arranged by Quik Corp or the Customer, for the purpose of delivering the Goods to the Customer.
3.2. The times quoted for delivery are estimates only. Quik Corp shall not be liable for any failure to deliver at all, generally, or by any date agreed in writing by Quik Corp, where such failure is due to any cause.
3.3. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery.
3.4. Goods may be delivered by instalments at the discretion of Quik Corp.
3.5. Unless otherwise agreed, the cost of delivery of Goods to the Customer is the responsibility of and to the account of the Customer.
4. Returns for credit
4.1. Return of Goods by the Customer for credit will not be accepted without the prior written approval of Quik Corp and is conditional upon for Goods being returned:
4.1.1. freight prepaid in unused condition in original packaging; and
4.1.2. all Goods returned for credit must be in an unsoiled, undamaged and resalable condition.
4.2. The value credited, if any, will be at the absolute discretion of Quik Corp, and in any case limited to the amount originally invoiced for the Goods. Goods returned will attract a re-stocking fee (the amount of which shall be at the discretion of Quik Corp) to cover administration, restocking, repacking and any other charges that may be applied by Quik Corp.
5. Price and Payment
5.1. Subject to clause 5.2, the Customer agrees to pay the Purchase Price and any Additional Charges to Quik Corp within two business days of being notified by Quik Corp that the Goods are ready for Delivery.
5.2. If the Customer has an approved customer account with Quik Corp, the Customer agrees to pay the Purchase Price and any Additional Charges to Quik Corp within the Trading Terms provided to that Customer and comply with all Quik Corp Trading Terms, as amended from time to time.
5.3. Quik Corp reserves the right to charge an administration fee as determined from time to time to cover credit card merchant fees and Quik Corp’s associated overhead charges.
5.4. If Quik Corp delivers only part of an Order, then it may invoice, and the Customer must pay for, that part of the Goods delivered unless otherwise agreed in writing between the parties.
5.5. If the Customer is in default, Quik Corp may at its option withhold any deliveries or cancel a contract without prejudice to any of its existing rights.
6. Retention of Title
6.1. Notwithstanding that risk in the Goods passes pursuant to clause 3, property in and ownership of the Goods remains with Quik Corp and does not pass to the Customer until such time as all amounts which are owing by the Customer to Quik Corp have been paid in full.
6.2. In the event of the Customer obtaining possession of the Goods prior to making payment in full, the customer shall:
6.2.1. store the product separately from the property of any other person;
6.2.2. at all times ensure that the Goods are marked in some manner that will enable them to be identified as the property of Quik Corp;
6.2.3. not purport to mortgage charge transfer convey or otherwise deal with the Product without the prior consent of Quik Corp; and
6.2.4. at all times allow Quik Corp access to the Goods to inspect the same and to retake possession at its discretion.
7. Personal Properties Securities Act (“PPSA”)
7.1. Defined terms in this clause have the same meaning as given to them in the PPSA.
7.2. Quik Corp and the Customer acknowledge that these Terms and Conditions constitute a Security Agreement and gives rise to a Purchase Money Security Interest (“PMSI”) in favour of Quik Corp over the Goods supplied or to be supplied to the Customer as Grantor.
7.3. The Goods supplied or to be supplied under these Terms and Conditions fall within the PPSA classification of “Other Goods” acquired by the customer pursuant to these Terms and Conditions.
7.4. Quik Corp and the Customer acknowledge that Quik Corp, as Secured Party, is entitled to register its interest in the Goods supplied or to be supplied to the Customer as Grantor on the PPSA Register as Collateral.
8. Warranties and Limitation of Liability
8.1. Any warranty or guarantee which is supplied with the Goods does not extend to defects caused by ordinary fair wear and tear, improper installation, a failure to carry out maintenance, or incorrect or inappropriate use of the Goods.
8.2. Unless the Goods have been purchased for personal, domestic or household use, any liability of Quik Corp to the Customer arising under statute which may not be excluded restricted or modified by agreement is limited to an amount equal to, as determined by Quik Corp:
8.2.1. replacement of the Goods or supply of equivalent Goods;
8.2.2. the repair of the Goods; or
8.2.3. the payment of the cost of replacing or repairing the Goods
8.3. Subject to clause 8.2, to the extent permitted by law:
8.3.1. all express and implied warranties, guarantees and conditions however arising are excluded;
8.3.2. the customer releases Quik Corp from, and shall indemnify, keep indemnified and hold harmless Quik Corp in respect of all claims arising in connection with the Goods;
8.3.3. the Customer acknowledges that it has not relied upon any representation made by Quik Corp which has not been stated expressly in this agreement or contained in any installation, and operating instructions provided with the Goods; and
8.3.4. Quik Corp shall not be liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind whatsoever arising directly or indirectly from Goods or any defect.
8.4. Nothing in these terms and conditions is intended to exclude, restrict or modify rights which the Customer may have under the ACL or otherwise which may not be excluded, restricted or modified by agreement.
9.1. Any conditions found to be void, unenforceable or illegal may, to that extent be severed from these terms and conditions.
9.2. No waiver of any of these terms and conditions or failure to exercise a right or remedy by Quik Corp will be considered to imply or constitute a further waiver by Quik Corp of the same or any other term, condition, right or remedy.