Standard Terms of Trade
Effective : 1st December 2014
Swiftek Engineering P/L (ABN 60 165 620 735)
Standard Terms of Trade
- These Standard Terms of Trade shall apply to all goods and/or services supplied by way of Purchase Order, Online Sales, General Sales, and any other form of business transaction.
- Engaging in business with Swiftek Engineering P/L, whether goods or services constitutes an acceptance of these standard terms of trade.
- These Standard Terms of Trade provided by Swiftek Engineering P/L shall supersede any externally supplied Terms of Trade or Terms & Conditions
- All goods supplied remain the property of the Swiftek Engineering P/L until payment is received in full.
- Swiftek Engineering P/L reserves the right to withhold goods until full payment is received for outstanding invoices.
- Supply of Purchase Order constitutes full acceptance of specifications for outlined goods or services at the time & date Purchase Order is supplied. All requested changes/modifications/additions to specifications requested must be outlined on the Purchase Order, or require agreement of such in writing by Swiftek Engineering P/L.
- Swiftek Engineering P/L reserves the right to request deposits, part payments, full payment, or change payment terms without notice.
- Goods are sold “as is” without any warranty whatsoever. The entire risk as to the performance and longevity of supplied goods is with the buyer.
- Damage or loss of goods in transit is the responsibility of the buyer.
- Customer goods are stored at Swiftek Engineering P/L at the sole risk of the customer and/or owner.
- Design time charged to customers, is done so on a hire of services basis, and does not constitute any ownership of intellectual property rights or designs.
- Purchase of goods and services does not constitute ownership of design or intellectual property rights of such goods and services.
- All intellectual property rights, including without limitation, the right to apply for patents or the registration of designs arising out of design work performed by Swiftek Engineering P/L, remains the sole property of Swiftek Engineering P/L.
- The usability of goods manufactured from customer supplied or agreed designs are solely the customers responsibility. The customer indemnifies Swiftek Engineering P/L from any third parties intellectual property claims from the use of such customer supplied designs.
- The customer indemnifies Swiftek Engineering P/L against all claims, costs and losses arising from damage to persons or to property due to incorrect application of goods, incorrectly installed or defective goods, whether defective in material , workmanship, design, or labelling.
- Any costs incurred by Swiftek Engineering P/L during the process of supplying goods and services shall be passed on to the customer, with full prior disclosure to the customer.
- All intellectual property whether customer or Swiftek Engineering P/L owned shall be considered strictly confidential by all parties.
- Any work outsourced by Swiftek Engineering P/L must meet all stated and industry standard specifications and instructions agreed to written or verbal. All goods and services must be of merchantable quality, of specified materials, and high standards of workmanship, free of defects and faults.
- Swiftek Engineering P/L reserves the right to charge interest on any overdue invoices. Interest rate will be 10% calculated daily, and will be at the discretion of Swiftek Engineering P/L. All overdue accounts will also receive a mandatory $20.00 late payment fee.
- In the event of debt recovery being initiated, any legal or recovery costs will be on-charged to the customer.
- The buyer shall at all times strictly observe and comply with the legislative requirements of Australia or any State or Territory thereof relating to the goods and/or services provided by Swiftek Engineering P/L. The parties submit to the jurisdiction of the Courts of Queensland and the laws of Queensland shall apply to the goods and/or services provided by Swiftek Engineering P/L.
- The Buyer & the Seller retain all statutory rights not inconsistent herewith.