Terms & Conditions
Definitions
"User" means the person or entity using the website.
"Owner" means the company that owns the website, Project Distribution
"Service Provider" means the company providing the website content management system and hosting services to the Owner for the website.
"Website" means "https://b2b.projectdistribution.com.au/"
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Interpretation
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Unless otherwise inconsistent with the context the word "person" shall include a corporation:
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"goods" shall include services.
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Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter gender and vice versa.
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"Project Distribution Pty Ltd" shall mean Project Distribution, its successors and assigns.
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"customer" shall mean the person named as "the Applicant" on the credit application annexed hereto.
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"GST" means any goods and services tax.
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Title
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Notwithstanding the delivery of the goods or part thereof, the goods remain the sole and absolute property of Project Distribution Pty Ltd as full legal and equitable owner until such time as the customer shall have paid Project Distribution Pty Ltd the full price including any GST together with the full price of any goods then the subject of any other contract with Project Distribution Pty Ltd including any GST.
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The customer acknowledges that he receives possession of and holds goods delivered by Project Distribution Pty Ltd as bailee and fiduciary agent for Project Distribution Pty Ltd until such time as the full price thereof is paid to Project Distribution Pty Ltd together with the full price of any goods then the subject of any other contract with Project Distribution Pty Ltd including any GST.
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(a) Until the goods are paid for in full, including GST, Project Distribution Pty Ltd authorises the customer to sell the goods as its fiduciary agent. However, the customer shall not represent to any third parties that it is acting in any way for Project Distribution Pty Ltd. Project Distribution Pty Ltd will not be bound by any contracts with third parties to which the customer is a party.
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(b) The proceeds of any sale of the goods shall be paid into a separate account and held in trust for Project Distribution Pty Ltd. The customer shall account to Project Distribution Pty Ltd from this fund for the full price of the goods including any GST.
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(c) The customer is entitled to a period of credit, but if prior to the expiration of the period of credit the goods are sold and the proceeds of sale are received by the customer then the customer shall account to Project Distribution Pty Ltd for the price of the goods including any GST.
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(d) Should the customer die, stop payment or call a meeting of its creditors or become insolvent or subject to the bankruptcy laws, or being a company, appoints an administrator or calls a meeting for the purpose of or to go into liquidation or has a winding-up application presented against it or has a receiver appointed, Project Distribution Pty Ltd may at its option notwithstanding its waiver of such default or failure and without prejudice to its other rights under this contract, suspend or cancel this contract or require payment in cash before or on delivery or tender of goods notwithstanding the terms of payment previously specified, or may repossess and take over the goods and dispose of the same in its own interest without prejudice to any claim it may have for damages for any loss resulting from such resale.
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If the customer does not pay for any goods on the due date then Project Distribution Pty Ltd is hereby irrevocably authorised by the customer to enter the customer's premises (or any premises under the control of the customer or as agent of the customer in which the goods are stored) and use reasonable force to take possession of the goods without liability for the tort of trespass, negligence, assault and battery or payment of any compensation to the customer whatsoever.
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On retaking possession of the goods Project Distribution Pty Ltd may elect to refund to the customer any part payment that may have been made and to credit the customer's account with the value of the goods less any charge for recovery of the goods, or to resell the goods.
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Delivery
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Any date quoted for delivery ("the quoted date") is an estimate only and unless a guarantee shall be given by Project Distribution Pty Ltd in writing providing for liquidated damages for failure to deliver by the quoted date Project Distribution Pty Ltd shall not be liable to the customer for any loss or damage howsoever arising even if arising out of the negligence of Project Distribution Pty Ltd for failure to deliver on or before the quoted date. Written advice to the customer that goods are ready for delivery whether in whole or in part shall constitute tendering and the terms of payment shall apply. In the instance of not receiving written advise the terms shall be construed to start on the day of being written.
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Project Distribution Pty Ltd shall not be liable to any customer or any other party for direct or indirect or consequential injury, loss or damage whatsoever by reason or any delay in delivery whether the same is due to the negligence of Project Distribution Pty Ltd or any other party, strike or any other industrial action be it of Project Distribution Pty Ltd or other party or any other cause whatsoever.
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Project Distribution Pty Ltd reserves the right to deliver by instalments. If delivery is made by instalments the customer shall not be entitled:
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(a) to terminate or cancel the contract; or
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(b) to any claim, loss or damage howsoever arising failure by Project Distribution Pty Ltd to deliver any instalments on or before the quoted date.
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It is agreed that Project Distribution Pty Ltd shall not be responsible for the delay in delivery caused by, or in any way incidental to an act of God, war, fire, breakages of machinery, strikes or arising out of any other unexpected exceptional cause, or any cause beyond reasonable control of Project Distribution Pty Ltd.
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Any quotation containing a provision to supply goods "ex stock" is subject to fulfilment of prior orders at the date of receipt of the customer's order.
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Unless agreed in writing all freight will be sent by our nominated freight carrier.
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Payment
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Goods will only be dispatched if:
For Payment Up Front Customers - cheque, credit card payment approved has been received; or funds have been transferred directly into Project Distribution Pty Ltd bank account; or
A Credit account has been approved and the account is maintained within the terms specified. Within trading terms means -
· Cheque or direct deposit payment must be in Brisbane Head Office on or before close of business within from the date on which the goods were invoiced to the customer
· Customer is below credit limit
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GST
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GST is payable by the customer on the same payment terms as the balance of the transactions of the account. Project Distribution Pty Ltd is registered for GST. Project Distribution Pty Ltd provides customers with ATO compliant Tax Invoices that clearly identify the GST component of the invoice total.
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Prices
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Prices are subject to change without prior notice.
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Please feel free to contact our sales team for a special quotation on any major sales volume.
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Limits of Sale
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The customer acknowledges Project Distribution Pty Ltd is the exclusive importer and distributor for all goods distributed by Project Distribution Pty Ltd now and in the future.
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The customer agrees that they will take no action to undermine or circumvent any present or future import and distribution agreements that Project Distribution Pty Ltd may have in place.
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The customer agrees not to import or purchase any current and/or future goods imported and distributed by Project Distribution Pty Ltd from any source other than Project Distribution Pty Ltd.
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The customer agrees not to resell any goods through any internet site other than through a bonafide online store held in the name of the applicant. Re-sale of goods through E-Bay or any similar internet site is prohibited.
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The customer agrees that this clause will endure in the event of termination of this agreement by either party.
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Risk
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Unless otherwise agreed in writing, risk in the goods shall pass to the customer at the time when the goods have been placed on the vehicle which is to effect delivery from Project Distribution Pty Ltd's store or warehouse. The goods shall remain at the customer's risk at all times unless and until Project Distribution Pty Ltd retakes possession of the goods pursuant to these terms and conditions.
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Claims and Returns
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Project Distribution Pty Ltd shall not be liable for any loss or damage whatsoever and however arising whether direct or indirect or consequential or in respect of any claim whenever and however made for any loss or damage, deterioration, deficiency or other fault or harm in the goods provided by or on behalf of or in any arrangement with Project Distribution Pty Ltd or occasioned to the customer or any third party or to his or their property or interest and whether or not due to the negligence of Project Distribution Pty Ltd, its servants or agents.
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As soon as any of the facts or matters which form any part of any claim or complaint whatsoever become known to the customer, the customer shall within forty eight (48) hours of delivery of goods notify Project Distribution Pty Ltd in writing of the same.
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Project Distribution Pty Ltd shall not be liable in any circumstances for any:
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defects or damages caused in whole or in part by misuse, abuse, neglect, improper application, repair or alteration (other than by Project Distribution Pty Ltd) or accident;
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any transport installation removal, labour or other costs;
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technical advice or assistance given or rendered by it to the customer or not in connection with the manufacture construction or supply of goods for or to the customer.
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Please refer to a copy of our Returns Policy for further details
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Project Distribution Pty Ltd reserve the right to claim from the customer a 30% restocking fee for all returns or cancelled orders.
Agreement to be bound by Terms
It is a condition of use of this site that Users agree to these Terms and Conditions.
By registering to use this site Users agree to be bound by these Terms and Conditions.
Identification
The User warrants that they are either the person, or in the case of a corporation, an authorised representative of the corporation, that is named as the User in the registration form. It is a breach of this User agreement and also a misrepresentation with both potential civil and criminal consequences for a person to register as a User that they are not authorised to represent for this purpose.
The Owner reserves the right at any stage to contact a User to confirm both the validity of the account and also the currency and security of the passwords used.
Unavailability
From time to time information that would normally be available through the site (including supplier's catalogs) may not be able to be accessed online because of technical or other problems. The Owner, and the Service Provider expressly excludes liability to any User of this site in respect of the unavailability of content regardless of whether or not this unavailability is caused by the negligence of the Owner or the Service Provider.
Privacy and Storage of your personal information
It is necessary for the Owner to capture information about you in order to provide the services offered through this website. The use of the information and your rights in respect of it is set out in the Privacy Statement on this Website.
Pricing
Whilst all effort is made to keep pricing on this website up to date it is possible at times it may be out of date. As such prices on this website should only be considered as an "invitation to treat" rather than as an offer to provide these products at these prices. Your order and payment of goods will be deemed to be an offer and acceptance only happens when we accept the order. The website automatically sends you an order confirmation email. This email merely acknowledges that we have received your order but does not commit us to supply at the prices contained in the offer. Acceptance of your offer will be communicated manually.
Indemnity
The User agrees to indemnify the Owner and the Service Provider against any claim for loss or damage of any kind by any third party arising out of, or in relation to, the use of the Website by the User.
Copyright
Material on this site is all the copyright of the Owner or the Service Provider and the copying or use of this information is not permitted unless prior written permission is received from the site owner.
SSL Compliance
This website is SSL compliant, meaning all website traffic including Credit Card transactions are secured by:
- TLS 1.2 (a strong protocol)
- ECDHE_RSA with P-256 (a strong key exchange)
- AES_128_GCM (a strong cipher)