1.1 In these Terms and Conditions the following terms shall have the meanings set out below:
ACL means the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Act 2010(Cth).
Amount Payable means at any time all amounts payable to Aussie Appliances, whether or not those amounts have become due for payment under these Terms and Conditions, in connection with the Goods or the Contract, including without limitation any invoiced amounts, interest, fees, costs or expenses.
Contract means the Terms and for a Purchase Order, the relevant Purchase Order Acknowledgement.
Customer means the customer specified in the Purchase order, the person placing the Order or on whose behalf the Order is placed with Aussie Appliances.
Aussie Appliances means Aussie Appliances with ABN 14 941 427 383.
Goods means any goods, products, services or materials supplied or to be supplied by Aussie Appliances at any time and from time to time, including without limitation any goods specified in a Purchase Order, Purchase Order Acknowledgement or invoice.
GST means any goods and services tax imposed on the supply pursuant to the GST Law.
GST Law means A New Tax System (Goods and Services Tax) ACT 1999(Cth).
PPSA means the Personal Property Securities Act 2009(Cth).
Purchase Order means an order or offer to purchase Goods.
Purchase Order Acknowledgement is defined under clause 2.1(a).
Terms and Conditions means the terms and conditions set out in this document, as modified or amended in relation to particular Purchase Order.
2.1 Purchase Order, Purchase Order Acknowledgement and Terms and Conditions
A Purchase Order or an offer to purchase can be made by the Customer form to tome, however the Purchase Order shall be deemed accepted when the Customer receive and acknowledgement of the Order from Aussie Appliances or delivery of the relevant Goods, whichever first occurs (“Purchase Order Acknowledgement”).
The Terms and Conditions apply to every Purchase Order, unless otherwise agreed in writing by Aussie Appliances.
The Customer acknowledges that the Terms and Conditions constitute a security agreement and that Aussie Appliances may register a financing statement in respect of the security interests provided for under these Terms and Conditions.
By submitting a Purchase Order to the Company, the Customer hereby agrees and acknowledges that it accepts and ratifies the Terms and Condition Apply and are being binding on the Customer
The Contract shall comprise of the following documents, in order of precedence:
Purchase Order and Purchase Order Acknowledgements;
These Terms and Conditions;
The Contract constitutes the entire agreement between Aussie Appliances and the Customer with respect to the Purchase Order. Any and all prior negotiations, proposals, previous dealings, correspondence, trade custom and/or trade usage are superseded by and will not affect the interpretation of the Contract.
If at any time in relation to a Purchase Order, the Customer Provides, refers to, submits or otherwise uses terms and conditions other than the Terms and Conditions, such terms and conditions will not form part of or be incorporated into the Contract.
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