CALVISTA TERMS & CONDITIONS

TERMS AND CONDITIONS

In consideration for Calvista Australia Pty Ltd ("Calvista") establishing an account for you on its website ("the Website"), you agree to the following terms:

  1. You are solely responsible for managing your account on the Website, including managing access rights to that account.
  2. You must nominate to Calvista in writing one or more administrators for your account ("Prime Contact").
  3. 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.
  4. 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.
  5. 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.
  6. All transactions at Calvista, including those generated through this Website, are always subject 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 as per your agreed trading terms.

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.

Visa/Mastercard/Bankcard may incur a 2% of amount paid + GST surcharge should the invoice exceed the set payment terms.

All Amex transactions are charged at a rate of 2.75% of amount paid + GST.

*Diners is not accepted.

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 $200.00 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.