Presentation Sells' Terms of Trade
TERMS AND CONDITIONS
PRESENTATION SELLS PTY LTD
1. Definitions
In these Terms of Service the following definitions apply:
‘Customer’ means the purchaser of Goods or Services.
‘Event’ means events to be held from time-to-time by Presentation Sells Pty Ltd ATF Presentations Sells Trust.
‘Fee’ means the total amount payable by the Customer to Presentation Sells Pty Ltd ATF Presentations Sells Trust for Goods and Services purchased.
‘Goods and Services’ means any of the products nor services supplied to the Customer by or on behalf of Presentation Sells Pty Ltd ATF Presentations Sells Trust.
‘Invoice’ means the invoice issued by Presentation Sells Pty Ltd ATF Presentations Sells Trust in relation to the purchase of Goods by the Customer.
‘Order’ means any offer made by the Customer to Presentation Sells Pty Ltd ATF Presentations Sells Trust to purchase Goods from Presentation Sells Pty Ltd ATF Presentations Sells Trust, and requesting the purchase of Goods and Services from Presentation Sells Pty Ltd ATF Presentations Sells Trust, and therein agreeing to these Terms of Trade.
‘Presentation Sells Pty Ltd ATF Presentations Sells Trust’ means Presentation Sells Pty Ltd (ABN 56 625 151 537).
‘Terms of Trade’ means the terms as set out in these Terms and Conditions.
“Website” means the Presentation Sells Pty Ltd website found at www.presentationsells.com
2. Terms of Trade
2.1 Each Order made by the Customer to Presentation Sells Pty Ltd shall be governed by these Terms of Trade.
2.2 By submitting the Order, the Customer agrees to be bound by these Terms of Trade.
2.3 Presentation Sells Pty Ltd reserves the right to reasonably amend, vary, modify and/or replace these Terms of Trade at any time, and from time to time.
2.4 The Customer agrees that any variations made to these Terms of Trade shall take effect fourteen (14) days after publication on the Website of both the varied Terms of Trade and a notification that the Terms of Trade have been varied.
2.5 The varied Terms of Trade shall not apply to any Order made prior to notification of the varied Terms of Trade.
2.6 The Parties agree that where there is an inconsistency between these Terms of Trade and an Invoice, then the terms of the Invoice shall prevail.
3. Orders
3.1 In consideration of payment of the Fee, Presentation Sells Pty Ltd agrees to provide the Goods and Services ordered in the Order.
3.2 All Orders accepted by Presentation Sells Pty Ltd will be executed at the Customer’s sole risk.
3.3 The Customer shall not be entitled to revoke or cancel any Order except with the written consent of Presentation Sells Pty Ltd (and subject to Clause 7 herein) and on terms which shall indemnify Presentation Sells Pty Ltd against any loss or damage caused by such cancellation of the Order made by the Customer.
4. Fees and Pricing
4.1 All pricing as appearing on Website and Invoices shall be (unless otherwise expressly stated) in Australian dollars, and shall be payable in Australian dollars upon the Order being made (“Due Date”).
4.2 Presentation Sells Pty Ltd shall be entitled to charge the following to the Customer:
(a) In the event that the Fees are not paid in full by the Due Date, interest of one point five percent (1.5%) per annum on any amount owed;
(b) If Presentation Sells Pty Ltd is liable for GST in relation to the sale of the Goods, the Fee payable shall be increased by the total GST applicable to that amount;
(c) Should it become necessary for Presentation Sells Pty Ltd to enforce any term of this Agreement either through legal representation, collection agency, or directly through a small claims Court, then the Customer agrees that it shall pay all reasonable legal fees, agency fees, court costs, and other reasonable collection costs; and
(d) An administration fee of Twenty Five dollars ($25.00) in the event that any cheque presented by the Customer to Presentation Sells Pty Ltd is not honoured.
5. Delivery of Services
5.1 The Customer understands and agrees that Presentation Sells Pty Ltd shall not be held liable for any late delivery or failure to deliver the services caused by a force majeure event, including not limited to strikes, explosions, floods, riots, lockouts, injunction, interruption or transport accidents, inability to obtain equipment, government action, mechanical breakdown, interruption to internet service, any interruption, suspension, war, or an act of God. Presentation Sells Pty Ltd may with the consent of the Customer cancel the Order, after which the Customer shall have no further claim on the Services.
6. Refunds and Returns
6.1 To the extent permissible by law, Presentation Sells Pty Ltd will not refund, exchange or redeem for cash any Fee made to it for Goods and Services (“Payment”).
6.2 Presentation Sells Pty Ltd will only exchange a Payment where Presentation Sells Pty Ltd has made a fundamental error or mistake, in which case the exchange shall be limited to a replacement or reparation of the Goods or Services.
7. Cancellation
7.1 Where the Customer cancels the Order prior to 30 June 2018, then Presentation Sells Pty Ltd shall be entitled to retain the following percentage of the Fee:
(a) If cancelled on or before 31 October 2018 – Ten Percent (10%);
(b) If cancelled on or before 30 November 2018 – Twenty Percent (20%); and
(c) If cancelled on or before 31 December 2018 – Thirty Percent (30%).
7.2 In the event that the Customer cancels the Order after 31 December 2018, then the Fee shall be strictly non-refundable.
8. Ownership
8.1 Title to the Goods and Services delivered to the Customer will not pass to the Customer until such time as the Fee in respect to those Goods and Services has been paid by the Customer to Presentation Sells Pty Ltd in full.
8.2 Notwithstanding Clause 8.1 above, all risk of loss, damage or injury to the Goods and Services will pass to the Customer from Presentation Sells Pty Ltd on delivery.
8.3 The Customer shall not at any time represent to any third party that it is in any way acting for or acting as agent for Presentation Sells Pty Ltd, unless as expressly set out herein or agreed in writing between the Parties, and Presentation Sells Pty Ltd shall not be bound by any contract in relation to the Goods which the Customer may enter into with any third party.
9. Breach
9.1 In the event that:
(a) the Customer fails to pay the Fee by the Due Date;
(b) any cheque, promissory note, or other bill of exchange given to Presentation Sells Pty Ltd is not honoured on its first presentation;
(c) an application or order is made for the winding up or sequestration of the Customer or an application or order is made to place the Customer under external management or administration;
(d) any of the assets of the Customer or any of the Goods in the possession of the Customer which have not been paid in full, are seizes pursuant to a legal process issued against it;
(e) a receiver, manager, controller, administrator, external manager or trustee is appointed over any of the assets of the Customer; or
(f) the Customer ceases to carry on business,
then Presentation Sells Pty Ltd shall be entitled to without prejudice and in addition to all rights granted pursuant to these Terms of Trade or at law or equity to:
(a) continue to enforce its rights and recover any amounts owing by the Customer;
(b) claim immediate payment of all monies due by the Customer, notwithstanding the Due Date; and/or
(c) cancel all or any additional Orders placed by the Customer, upon which the Customer shall immediately return any Goods already delivered to it, and the Customer shall be liable to Presentation Sells Pty Ltd for any loss or damage Presentation Sells Pty Ltd may have suffered or may suffer as a consequence of such cancellation.
10. Warranties
10.1.To the extent permissible by law, Presentation Sells Pty Ltd makes no representations, whether express or implied, as the merchantability, condition, durability or fitness for purpose for which the Goods and Services are used. Further any implied warranty as to latent defects is expressly excluded.
10.2.At no stage and in no event shall Presentation Sells Pty Ltd be responsible for any loss, damage, cost, or expense suffered, incurred or sustained by the Customer arising out of or through the negligence of Presentation Sells Pty Ltd, its agents, or employees.
10.3.The warranties contained herein shall not be read or applied so as to purport to exclude, restrict or modify the application in respect to the supply of Goods or services pursuant to these Terms of Trade of any or all of the provisions of the Competition and Consumer Act 2010 (Cth) (“CCA”) or any other statute of any state or territory of Australia which by law cannot be excluded or modified.
11. Limitation of Liability
11.1.Except as provided for in these Terms of Trade, Presentation Sells Pty Ltd makes no representation of any kind, express or implied with respect to the provision of the Goods and Services.
11.2.To the extent any warranty is made, the sole and exclusive remedy for a breach of any warranty is at Presentation Sells Pty Ltd’ option to either replace or repair the Goods and Services in question, or to the value of the total sum payable by the Customer pursuant to this Agreement.
11.3.To the extent permitted by law, all conditions, warranties, and terms implied by law and any liability for consequential or indirect damages are excluded from these Terms of Trade.
12. This Agreement
12.1 This Agreement shall be subject to the laws of the Queensland, and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Queensland.
12.2 Any provision of, or the application of any provision of, this Agreement which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
12.3 Any provision of, or the application of any provision of, this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
12.4 If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.
12.5 The failure of either party at any time to require performance by the other party of any provision of this Agreement does not affect the party's right to require the performance at any time.
12.6 The waiver by either party of a breach of any provision must not be held to be a waiver of any succeeding breach of the provision or a waiver of the provision itself.
12.7 This Agreement supersedes all previous agreements, arrangements, understandings, representations or any other communication in respect of the subject matter of this Agreement and embodies the entire agreement between the parties.
12.8 This Agreement may not be changed or modified in any way subsequent to its execution except in writing signed by the parties.
12.9 In this Agreement, headings are for convenience only and do not affect the interpretation of this Agreement and, unless the context otherwise requires:
(a) words importing the singular include the plural and vice versa;
(b) words with a capital letter where defined in this Agreement have that meaning;
(c) words importing a gender include any gender;
(d) other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning;
(e) an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and vice versa;
(f) a reference to any thing (including, but not limited to, any right) includes a part of that thing;
(g) a reference to a party in a document includes that party's successors and permitted assigns;
(h) a reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;
(i) a reference to a document or agreement includes all amendments or supplements to, or replacements or novations of that document or agreement.
12.10 The Customer indemnifies Presentation Sells Pty Ltd against any or all taxation liability arising from this Agreement or Services provided to the Customer.
12.11 The foregoing provisions of this Agreement apply except as otherwise agreed in writing between the Customer on the one hand and Presentation Sells Pty Ltd on the other.
LAST UPDATED: 26 MAY 2021