The One Stop Survey Shop
+61 (03) 9720 6222

Terms of Use

1. Interpretation

1.1. Supplier means The One Stop Survey Shop ABN: 59 050 242 683;

1.2. Customer means the buyer, the client or customer of the Supplier in any agreement in which these terms and conditions are annexed or incorporated;

1.3. Supplier's Products or Services means the products or services provided by the Supplier pursuant to a licensing arrangement entered into with The One Stop Survey Shop ABN: 59 050 242 683 to utilise its intellectual property;

1.4. Nothing in these terms or conditions shall be read so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded or modified.

2. Quotations
Any quotation made by the Supplier may be withdrawn or varied at any time prior to acceptance by the Customer. No cancellation after acceptance of order will be effective unless agreed to in writing by the Supplier.

3. G.S.T.
10% GST is included in any quotation made by the Supplier to the Customer unless otherwise stated.

4. Governing Law
Notwithstanding any rule or implication of law to the contrary, all contracts between the Customer and the Supplier shall be deemed to be made construed and to be enforceable in and according to the laws of the State of Victoria and both you and the Supplier submit to the non-exclusive jurisdiction of the Courts of Victoria.

5. Payment terms
Subject to clause 6, payment is due strictly on the date of invoice.

6. Credit Facilities
The Supplier may, in its absolute discretion, grant credit facilities as agreed in writing between the Customer and the Supplier.

7. Default
Any expenses costs or disbursements incurred by the Supplier in recovering any outstanding monies from the Customer including debt collection agency fees and solicitor's costs (full indemnity basis) shall be paid by the Customer.

8. Return
The Customer shall inspect the goods upon delivery and advise the Supplier in writing within seven days of delivery of any faults or if not according to order. Subject to acceptance by the Supplier of liability, the Supplier may at its option either replace the goods or repair the goods. The Customer shall return the goods to the Supplier at the Customer's cost.

9. Payment
If the Customer fails to advise the Supplier in the manner and within the period mentioned in clause 8 then notwithstanding any fault, the Customer shall be liable to pay for the goods and the Supplier shall not be liable for any faults in such goods or for any claim damage expenses or costs relating thereto and the Customer shall hold harmless and keep indemnified the Supplier therefrom.

10. Delay
The Supplier will not in any circumstances be liable for any claim liability expense or cost emanating directly or indirectly from non-delivery or delay caused by circumstances beyond the control of the Supplier even indirectly effecting the availability of goods. In such circumstances the Supplier may unilaterally suspend any delivery for any period and/or cancel any agreement for sale without any liability whatsoever in consequence thereof.

11. Contract Solely with Customer
The Supplier contracts solely with the Customer. All relevant rights and obligations arise in respect to the Customer and the Supplier and to no other parties.

12. Liability

12.1. By submitting this order form, the Customer accepts full liability for the payment of the invoice relating to this order and cannot transfer this liability to a third party.

12.2. The Supplier shall not in any circumstance be liable for any claim liability expense or cost arising even indirectly from any fault or weakness in the goods whether inherent or not nor in respect of faulty or defective job practices beyond the control of the Supplier and the Customer shall hold harmless and keep indemnified the Supplier therefrom.

12.3. All information given by the Supplier to the Customer is given in good faith, but the Supplier will not be bound by any warranty, condition, representation or statement unless it is outlined herein in writing and the Supplier shall have no liability whatsoever whether in contract, tort or otherwise for any consequential loss, injury, damages or expenses suffered or incurred whether directly or indirectly by the Customer or any of the customer's agents or employees or any other person using the goods provided by the Supplier.

12.4. All transactions between the Customer and the Supplier shall unless the parties agree otherwise in writing be subject to these terms and conditions and to the extent permitted by law no terms other than these terms and conditions and those contained in any document attached hereto and initialed on behalf of the Customer and the Supplier shall be included as part of any contract between the Supplier and the Customer. Unless specifically referred to or contained in a document signed or initialed on behalf of both the Customer and the Supplier there shall be no contract between the Customer and the Supplier collateral hereto.

13. Intellectual Property The Customer shall indemnify, keep indemnified and hold harmless the Supplier in respect of any claims made against the Supplier or costs incurred by the Supplier in relation to the infringement of patents arising from the Supplier's compliance with the Customer's designs instructions or requirements. Any intellectual property (including but not limited to copyright) discovery invention or secret process or improvement in procedure created, made, written, discovered or brought into existence by the Supplier in connection with the manufacture or provision of goods to or for the Customer shall the sole property of the supplier as sole beneficial owner of the same.

14. Title
Legal and beneficial ownership of any goods supplied to the Customer shall be retained by the Supplier until payment for those goods has been received by the Supplier in full or until the Customer sells the goods to a third party who has no notice of these terms and who purchases the goods by way of a bona fide sale at full market value. Until payment in full has been received by the Customer or until the goods have been bona fide sold to a third party in good faith at market value the Supplier may remove the goods and for that purpose may by its agents or employees without notice enter upon any premises in or upon which the goods are situated or reasonably supposed by the Supplier to be situated without committing a trespass and the Customer shall indemnify the Supplier against any costs losses damages expenses or any other monies expended or losses suffered by the Customer or a third party as a result of the Supplier retaking possession of the goods.

15. Insolvency
Notwithstanding any terms outlined in these terms and conditions to the contrary all monies owing by the Customer to the Supplier including the cost of repossession and resale of any goods or as much as may be outstanding shall immediately become due and payable to the Supplier upon the happening of any event or the issue against or service on the Customer of any notice or proceedings in any way concerning the Customer's solvency or payment of its debts.

16. Guarantee
If a guarantee has been given in favour of the Supplier by persons associated with the Customer then the "terms and conditions" referred to in that guarantee are the terms and conditions contained herein. By using this website's facilities, or ordering a product using this website as a guide, you agree to be bound by these terms and conditions. The Supplier reserves the right to alter and/or amend these Terms and Conditions at any time without notice.

17. Waivers
Failure by the Supplier to insist upon strict performance by the Customer of any of the terms or conditions shall not be taken to be a waiver of any rights of the Supplier in relation to these terms and conditions and in any event shall not be taken to be a waiver of the same terms and conditions on subsequent occasions.

18. Force Majeure
If the performance or observance of any obligations of the Supplier is prevented, restricted or affected by reason of a force majeure event including strike, lock out, industrial dispute, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of the Supplier, the Supplier may, in its absolute discretion give prompt notice of that cause to you. On delivery of that notice the Supplier is excused from such performance or observance to the extent of the relevant prevention, restriction or effect.

19. Exclusion of liability
The Supplier disclaims all liability in respect to the products or services which it provides except where to do so would limit or exclude application of any statute in a manner which would contravene the statute.

Copyright © 2008 The One Stop Survey Shop