- APPLICATION OF TERMS
1.1 This website is operated by GigGear Australia Pty Ltd ABN 95 093 581 992 trading as Protectapack (“ProtectaPack”). Throughout the site, the terms “we”, “us” and “our” refer to Protectapack. Protectapack offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.2 Each order by the Customer is deemed to be a separate and distinct order and/ or application for credit from ProtectaPack for the purposes of these Terms of Trade and is subject to acceptance by ProtectaPack.
1.3 Upon acceptance of any orders by ProtectaPack these Terms of Trade shall have application to that order and the resultant supply of Goods (Goods) by ProtectaPack to the Customer.
1.4 Notwithstanding acceptance of any order by ProtectaPack, ProtectaPack may at any time alter or suspend credit terms, refuse any delivery or cancel unfilled orders when, in ProtectaPack’s opinion, the financial condition of the Customer or the status of the Customer’s account justify such action.
- ACCEPTANCE OF TERMS
2.1 Acceptance of delivery of the Goods by the Customer is deemed to be acceptance by the Customer of these Terms of Trade notwithstanding anything that may be stated to the contrary in the Customer’s inquiries or on the Customer’s order.
2.2 These Terms of Trade shall not be deemed or construed to be modified, rescinded or waivered in whole or in part except by Deed executed by the parties by way of variation of these Terms of Trade.
3.1 All orders will be delivered at ProtectaPack’s prices prevailing at the time of delivery (which need not be the recommended retail price for the Goods) and accordingly ProtectaPack reserves the right to change prices for Goods without notice to the Customer. All sales will be ex Company’s warehouse and ProtectaPack reserves the right to vary any delivery and freight arrangements at any time.
3.2 Unless otherwise stated prices do not include goods and services tax (GST), freight or insurance charges which, if applicable, will be an extra charge to the Customer’s account.
3.3 The Customer may request that the Goods be delivered to the Customer by the Customer’s own freight forwarder. The Company will not unreasonably withhold consent to such request provided that the Customer fully insures the Goods for loss of damage during transit to the Customer.
4.1 The Customer acknowledges that any delivery dates stated by ProtectaPack are estimates only made in good faith by ProtectaPack and that delivery times shall not be of the essence of these Terms of Trade.
4.2 Under no circumstances shall ProtectaPack be liable to the Customer for damages (including consequential and special damages) for failure to deliver or delay in delivery to the Customer howsoever occasioned.
4.3 The Company shall be entitled to cancel or suspend delivery of the Goods in the event of any delay or non performance due directly or indirectly to wars, strikes, lockouts, delays or defaults of manufacturers or suppliers, act of god, or any other cause (whether similar or dissimilar) beyond the reasonable control of ProtectaPack. The Customer waives all claims whatsoever against ProtectaPack in consequence of any such cancellation or suspension.
5.1 In the case of Approved Credit Account Holders only, payment terms are strictly 30 DAYS after the end of the month in which the goods were purchased.
5.2 For all customers other than Approved Credit Account Holders payment terms are payment prior to shipping or payment on delivery as agreed at the time of order.
5.3 The Company accepts payment by cheque, direct deposit, Bankcard, MasterCard and Visa. However, the use of credit cards, when paying existing account debts may attract a processing fee.
5.4 No credit is extended to the Customer on overdue accounts and if payment is not received by ProtectaPack by the Due Date and liquidated damages shall apply to all overdue accounts calculated on a daily basis from the date the account falls due at the rate of 1.8% per month.
5.5 Payments made by the Customer to ProtectaPack shall be applied on order of money owed by the Customer to ProtectaPack and not to specific orders.
6.1 The risk in the Goods shall pass to the Customer from the time of dispatch.
7.1 Without prejudice to the liability of the Customer to pay for the Goods and notwithstanding delivery of the Goods by ProtectaPack to the Customer the Goods shall remain the property of ProtectaPack as legal and equitable owner until payment in full of all moneys due in respect of the Goods by the Customer to ProtectaPack.
8.1 The Company is under no obligation to accept Goods returned by the Customer and will do so only upon terms to be agreed in writing with the Purchaser which shall be specific to the Goods concerned and not extend to any other order made by the Customer.
8.2 Any Goods returned by the Customer must receive prior allocation of a “return authorisation number” (RA Number) and the Customer acknowledges that if the RA Number is not clearly displayed on the packaging of the Goods or the RA number when returned the return may be refused by ProtectaPack and freight will be payable by the Customer.
8.3 All Goods returned for replacement or credit must be in original packaging, unsoiled, undamaged with all accessories. Claims for credit or replacement must be made within (14) Days of delivery.
8.4 No order may be cancelled except with the prior consent in writing of the company.
- CUSTOM DESIGNED AND MANUFACTURED CASES
9.1 Except as otherwise be expressly agreed between Protectapack and the Customer, Protectapack may at any time provide goods that include changes in design and construction of such goods as shall, in the judgement of Protectapack, constitute an improvement. Protectapack may provide suitable substitutes for materials unobtainable because of priorities or regulations established by government authorities or non-availability of materials from suppliers.
10.1 The Customer hereby grants permission in accordance with the Privacy Act to the Company to carry out such credit enquires as to provide such information concerning the applicant as the Company may in its sole discretion determine and the Guarantor further hereby indemnifies the Company in respect of any claims or actions arising out of the obtaining or providing of information concerning Guarantor in exercise of its discretion as outlined herein.