These terms and conditions apply to all Goods or Services sold by to Customers by Bentect. By placing an order with Bentect the Customer shall be deemed to have accepted these terms and conditions.
Unless inconsistent with context: "Agreement" means these Terms and Conditions of Sale as amended from time to time. "Goods" means all products sold or offered for sale by Bentect “GST” means the GST as defined in the A New Tax System (Goods and Services Tax) Act 1999. “Supply” means the delivery and/or installation of Goods or Services at premises nominated by the Customer.
All words importing the singular shall include the plural and vice versa and any one gender shall include each of the other genders, if applicable.
Reference to a person shall include a reference to a body corporate firm or partnership.
Reference to a party includes the party’s executors, administrators, successors and permitted assigns.
Reference to dollars or $ is to Australian Dollars.
Headings are for convenience only and shall not affect the interpretation of this Agreement.
A provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Agreement or the inclusion of the provision in the Agreement.
The Customer’s order shall not be binding on Bentect until accepted in writing by Bentect.
Bentect reserves the right to accept in whole or in part or reject any order submitted by the Customer.
All works under $1,000.00 are on a C.O.D basis, and payment is required by either credit card or bank transfer prior to the commencement of work.
Until such time as a satisfactory trading history has been established, Bentect requires payment by the customer of a 50% deposit prior to the commencement of any work pursuant to the quotation or tender.
The customer agrees that Bentect is entitled to invoice the customer progress claims and that the customer shall pay such progress claims within 14 days of invoice.
The price of Goods shall be the price effective at the time of delivery as indicated on the invoice.
The Customer shall pay to Bentect the amount of each invoice within 14 days from the date of invoice or as otherwise agreed in writing between the parties.
Unless stated otherwise, prices are exclusive of GST, other taxes, duties, charges (including bank fees) and the costs of supply which shall be paid by the Customer unless otherwise agreed.
The Customer shall not be entitled to deduct from or withhold any amount from payments due to Bentect. Only payment of the entire invoiced amount shall be deemed discharge of the invoice. Where any lesser amount is paid, such amount will be treated as a partial payment and without prejudice to Bentect’s right to recover the balance or to pursue any other remedy.
Defects or damage must be claimed under warranty and Bentect must act promptly and professionally to resolve any claims within a reasonable period of time.
Delivery supply times quoted by Bentect are estimates only based on the best available information available at the time a quotation is supplied to a customer. Bentect will apply its best endeavours to nominate an achievable supply date acceptable to the customer and to supply the goods in accordance with that date. Notwithstanding, the customer acknowledges that this estimated date of supply may be affected by circumstances outside the control of Bentect and therefore the actual supply date may vary from the date estimated for supply. Bentect shall be under no liability whatsoever nor shall the Customer be relieved of any obligation to accept or pay for the Goods by reason of any delay in delivery arising from those heretofore mentioned circumstances.
Acknowledgement by the Customer or the Customer’s agent in writing that the goods were supplied shall be conclusive proof of delivery by Bentect.
Risk of loss, damage or deterioration to the Goods or Services shall pass to the Customer upon supply to the customer at the nominated premises.
Until full and final payment is received by Bentect:
all legal and equitable title in the Goods shall remain with Bentect
the Customer is in possession of the Goods solely as Bailee for Bentect
The Customer shall not be permitted to reject or return Goods as being not in accordance with its order unless it notifies Bentect in writing within 24 hours of delivery and installation.
Bentect is under no obligation to accept the return of Goods by the Customer except for the purposes of an examination under clause 7.1.
Goods returned under clause 7.1 must be in the same condition as they were supplied with a valid Return Authorisation Notice.
Where the Customer rejects, returns, fails to collect or refuses to accept Goods, due to no fault of Bentect, Bentect may at its option recover the Goods and/or dispose of the Goods and the Customer shall be liable for any losses suffered by Bentect in relation to such disposal.
The customer acknowledges that unless otherwise provided for under copyright legislation or by prior agreement with Bentect any and all documentation supplied by Bentect relating to artwork, engineering or workshop drawings, and engineering computations remains the intellectual property of Bentect. The Customer agrees to use such information in accordance with those terms and conditions and acknowledges that Bentect gives no warranty in relation to that information.
The Customer indemnifies Bentect against any damage, loss, costs or expenses (including legal expenses on an indemnity basis) incurred by Bentect arising from any use elsewhere by the Customer of information pertaining to Bentect’s intellectual property.
All conditions, warranties and liabilities, including implied warranties of quality, fitness for purpose, correspondence with sample or description or merchantability of Goods, are hereby excluded to the extent permitted by law.
The Customer accepts all risk and responsibility for the Goods being fit for purpose, of quality, safety or suitability and agrees that no representation has been made by Bentect or relied upon by the Customer in respect of the same.
Where warranties or conditions which are implied by law (including under the Trade Practices Act 1974) cannot be excluded, Bentect’s liability under such warranties and conditions is limited, at Bentect’s option, to:
the replacement of the Goods or the resupply of equivalent Goods;
the repair of the Goods; or
the refund of the price paid for the Goods.
Where Goods or any component thereof are manufactured by a third-party manufacturer, the Customer agrees that any warranty provided by the third party manufacturer is the Customer’s sole and exclusive warranty in relation to those Goods or components and Bentect gives no warranty in respect of those Goods.
The product should be maintained so as to ensure that no damage occurs through lack of regular maintenance. Bentect recommends 12-month maintenance checks.
Where the Customer fails to make payment in full or otherwise breaches any term of this Agreement, Bentect may without prejudice to any of its other rights and remedies and at its absolute discretion:
withhold delivery or further delivery of any Goods ordered by the Customer.
recover the goods and enter upon the Customer’s premises for that purpose;
terminate this Agreement and retain any monies paid by the Customer as liquidated damages and a genuine pre-estimate of damage suffered; and the Goods.
charge the customer interest at the penalty fixed interest rate under the S.2 of the Penalty Interest Rates Act 1983 (Vic) together with all costs, charges and expenses (including legal costs on the solicitor-client basis) incurred by Bentect in the recovery of all amounts due from the customer.
Bentect may without prejudice to any of its other rights and remedies exercise its rights under clause 9.1 above in the event that the Customer:
exceeds any credit limit assigned to it.
being a natural person, becomes bankrupt, commits an act of bankruptcy or enters into an arrangement with creditors;
being a corporation, becomes an externally administered entity or fails to comply with a statutory demand pursuant to the Corporations Act; or
causes Bentect to reasonably doubt its ability to make payment in full in accordance with this Agreement. 10.3 Nothing in this Agreement shall be taken as releasing the Customer from its obligation to pay for Goods supplied by Bentect.
The total liability of Bentect under this Agreement (whether based on contract, tort, statute or otherwise) is limited to the amount actually paid by the Customer for Goods or Services provided by Bentect.
The Customer indemnifies Bentect against any damage, loss, costs or expenses (including legal expenses on an indemnity basis) directly or indirectly suffered by Bentect arising from or in connection with any breach by the Customer of any term of this Agreement.
Under no circumstances will Bentect be liable for any incidental, indirect, special, exemplary or consequential loss or damage, including loss os use, profit, revuew, goodwill or data, howsoever caused.
This Agreement shall only be varied by written agreement signed by an authorised representative of both parties.
Bentect shall not be liable for any failure or delay in performance of its obligations or for any loss or damage suffered by the Customer as a consequence of any cause whatsoever, direct or indirect, beyond the control of Bentect.
This Agreement supersedes all prior agreements, representations and undertakings and constitutes the entire agreement between the parties relating to the subject matter.
The Customer may not assign the whole or any part of this Agreement without the prior written consent of Bentect.
In the event of any inconsistency between this Agreement and any other document, the terms of this Agreement shall prevail. Any error or omission in quote, price list or offer issued by Bentect shall be subject to correction without liability to Bentect.
Delay or failure by Bentect to exercise any right or partial right under this Agreement shall not be deemed to constitute a waiver of any such right or any other rights. Consent by Bentect to a breach of a term of this Agreement shall not constitute consent to any subsequent breach.
If any term of this Agreement is found to be unenforceable for any reason the remainder of this Agreement shall remain in full force and effect.
In the event of the Goods consisting of more than one item, then Bentect may at its option treat all items forming the subject matter of the Goods as a single unit.
This Agreement is governed by the law of Victoria and the parties submit to the jurisdiction of the courts of Victoria and waive any right they may have to claim that those courts are inconvenient forums. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
By using the BENTECT’ site (“Site“), you agree to these conditions, which include any other conditions that are stated in other places on the Site. BENTECT may change these conditions at any time. You use this Site entirely at your own risk. BENTECT is not liable in any way for any loss or damage you, or your system, may suffer from any cause (including negligence) as a result of you using this Site, or you linking to another site from this Site. You must take your own precautions against viruses or any other potential malfunction. This Site contains information provided by BENTECT, and by others. BENTECT gives no warranty as to the accuracy, completeness currency or reliability of any of the information on this Site, or any other site it links to. To the extent permitted by law, BENTECT is not liable for any loss or damage suffered by you, or any user of this Site, as a result of relying on any information on this Site. BENTECT owns the copyright in the content of this Site, unless noted otherwise. No information on this Site may be reproduced, adapted uploaded to a third party, linked to, framed, communicated, distributed or transmitted in any form at all without the specific written consent of BENTECT. Unauthorised use will infringe the owner’s exclusive rights, and any user who breaches those rights will be liable to prosecution. The information made available through this website, including any expression of opinion, has been obtained from or based on sources believed by BENTECT to be reliable, BENTECT do not warrant the accuracy, completeness or currency of the information. BENTECT and its related entities will not be liable for any inaccuracies, omissions or errors in the content nor for any loss or damage arising from action taken in reliance on the information.