In consideration for Calvista Australia Pty Ltd ("Calvista ")
establishing an account for you on its website ("the Website"), you
agree to the following terms:
- You are solely responsible for
managing your account on the Website, including managing access rights to that
account.
- You must nominate to Calvista in
writing one or more administrators for your account ("Prime Contact").
- A Prime Contact is responsible
for managing access by authorised users to your account on the Website,
including reviewing the list of your authorised users on a regular basis, and
creating, deleting and/or modifying access rights for such users. Only the
Prime Contact is authorised to grant or remove access to users.
- Calvista accepts no
responsibility for managing access rights to your account on the Website.
Calvista will only act upon written instructions from a nominated Prime Contact
in relation to adding, modifying or deleting access rights for users.
- Calvista does not accept any
responsibility for unauthorised use of, or access to the Website or
unauthorised distribution of information taken from the Website, including your
account, by users to whom the Prime Contract has granted access rights to the
Website. You fully indemnify and keep indemnified Calvista against all claims
that you or any other party may have against it in connection with, or as a
result of any such unauthorised access or use.
- All transaction at Calvista,
including those generated through this website are subject always to Calvista's
Terms of Trade.
TERMS OF TRADE
PAYMENT
All monies payable under any invoice are due and payable at 170 – 180
Buckhurst St, South Melbourne, Vic., 3205 and must be paid without deduction to
Calvista within 14 days from the date of the invoice.
In the event that payment is not made within the prescribed time
interest on the amount due shall be payable from the date payment became due
until payment is received at the rate of 2% per month. In the event that
payment is not made within the prescribed time an account administration fee of
$10.00 +GST for each month or part of a month that the monies remained unpaid
from the date payment became due shall be payable in addition to interest.
The following surcharges apply to all credit card payments except those
made on the date of invoice:-
Visa /Bankcard/Mastercard 2% of amount paid + GST
Diners
4% of amount paid + GST
BREAKAGES/DEFECTS
No claim will be considered in respect of any goods considered to be
defective or damaged nor in respect of any services alleged to be defective
unless itemised particulars of such alleged defect or damage have been notified
in writing to Calvista within 14 days of delivery of the goods or the completion
of the services and in the case of goods they are returned at no cost to
Calvista for examination within that period.
SALES TAX/TAXES DUTIES
GST, other taxes and duties are not included in the price set out in any
invoice for payment and will be payable in addition whether or not appearing in
the invoice. Where an error in the amount payable occurs the correct
amount shall remain payable.
RESERVATION OF TITLE
Title to the goods supplied pursuant to any invoice SHALL NOT pass until
Calvista has received payment in full of all monies and any sales tax, taxes or
duties payable in respect of the goods. Until payment the goods shall be
held as bailee for Calvista and shall not be dealt with in any way which is
inconsistent with Calvista’s title, rights or interest in the goods which are
to be kept in good and marketable condition and at the risk of the purchaser
named in the invoice.
LIMITATION OF LIABILITY
Where the provisions of any law (whether it be the TRADE PRACTICES ACT
1974 (as amended), any other statutes (State or Federal) or otherwise) from
time to time in force imply warranties or conditions into the terms and
conditions of any invoice or upon Calvista or exclude any of the terms and conditions
appearing in any invoice which cannot be excluded, restricted or modified or if
so, only to a limited extent, or incorporate warranties or conditions, then
that invoice shall be read and construed subject to such statutory
provisions. If such statutory provisions apply then to the extent to
which CALVISTA is entitled so to do, its liability on any account whatsoever
shall at its option be limited to:
(a) in the case of goods-
(i) The replacement of the goods and/or
the supply of equivalent goods; or
(ii) the payment of the cost of
replacing the goods and/or of acquiring equivalent goods;
or
(iii) the payment of the cost of having
the goods repaired; or
(iv) the repair of the goods; and
(b) in the case of services supplied-
(i) the supply of the services again; or
(ii) the payment of the cost of having the services
supplied again.
JURISDICTION
The transaction(s) constituted by any invoice and the terms and
conditions of any invoice are to be made under and shall be governed in
accordance with laws for the time being in force in the State of Victoria.
CHEQUE DISHONOURS
Where payment is made by a cheque that is not paid upon presentation a
charge of $20.00 + GST will be levied for each dishonour. Further,
interest and administration charges will accrue as if that payment had never
been made.
MINIMUM ORDER VALUE
Orders under $100.00 will not be accepted.
PRIVACY STATEMENT
The customer and its owners (as testified by their signature below)
acknowledge that Calvista has informed us, in accordance with s.18E(8)(c) of
the Privacy Act 1988, that certain items of personal information about the
customer and its owners contained in this application (or otherwise acquired by
Calvista ) and permitted to be kept on a credit information file might be
disclosed to a credit reporting agency. We, the customer and its owners,
agree for the purposes of s.18N(1)(b) of the Privacy Act 1988, that Calvista
may disclose information derived from a report or the entire report in its
possession to any of its related corporations (as defined by Corporation Law)
or to any credit reporting agency for the purpose of providing a reference or
references to Calvista or to its related corporation or to any other credit
provider in connection with the credit facility to be provided by Calvista and
the conduct of the customers account with Calvista, and that in accordance with
the provisions of s.18K(1)(b) and s.18L(4) of the Privacy Act 1988, Calvista
may obtain information concerning both the customer and its owners consumer and
commercial credit from a credit reporting agency and use that information for
the purposes of assessing this application for credit. The customer and
its owners also acknowledge that the information provided herein is true and
that no information which could cause credit to be granted to the customer
incorrectly has been withheld.