NEXT MARKETING - GENERAL TERMS AND CONDITIONS OF TRADE
These terms and conditions may form the basis of any agreement between NEXT MARKETING ("NEXT MARKETING") and the purchaser ("Customer") of goods ("Goods") supplied by NEXT MARKETING.
1. Orders
(a) NEXT MARKETING provide the Customer with a written quote ("Quote") which contains specifications for goods and/or services ordered by the Customer including the proposed delivery date and the price of the goods and/or services.
(b) A quote shall be valid for seven (7) days from the date that it is issued by NEXT MARKETING.
(c) Customer must provide NEXT MARKETING with written acceptance of the quote within the 7 days before there is a binding contract ("Order") between the parties.
(d) An order may only be cancelled with NEXT MARKETING’s written consent. Customer agrees to reimburse NEXT MARKETING for costs incurred by NEXT MARKETING in connection with the order up and until the date of cancellation.
2. Pricing and Payment
(a) NEXT MARKETING may charge the customer additional costs incurred by NEXT MARKETING as a result of the following: (i) Customer changing an order after materials and services have been ordered or production (of any type) has been commenced; (ii) the section provision of material does not fit into the specifications as provided to the customer by NEXT MARKETING; (iii) failure of customer to accept delivery of the goods and services on the delivery or agreed date; (iv) the delivery being beyond the scope defined in clause 3(a); (v) the goods and services being delivered in installments or in more than one delivery; (vi) delays or complications in the delivery due to being unable to contact the customer; (vii) any charges imposed by a third party in connection with the delivery; or (viii) any increase in existing or imposition of new taxes, customs duties or government levies.
(b) NEXT MARKETING shall provide Customer with an invoice ("Invoice") for the goods and services supplied and the customer shall pay NEXT MARKETING the Purchase Price within the terms as set out in the quotation.
(c) In the event that Customer fails to pay the purchase price in the terms as agreed, NEXT MARKETING may charge interest equivalent to the Westpac Indicator Lending Rate until the Purchase Price is paid in full; Customer shall not be entitled to set off against the Purchase Price any money alleged to be owing by NEXT MARKETING.
3. Delivery of goods
(a) "Delivery" is defined as a single delivery or contact point within the metropolitan area during normal business hours (Monday – Friday 9.00am to 5.00pm).
(b) Should the delivery date be postponed by the customer, the Customer then agrees to pay NEXT MARKETING additional costs incurred;
4. Return of Goods
(a) NEXT MARKETING is under no obligation to accept any return of Goods in accordance with the specifications of the Order.
(b) In the event that Customer has received Goods that are not in accordance with the specifications of the Order, Customer must provide NEXT MARKETING with written notice within seven (7) days of the date of delivery. If NEXT MARKETING agrees with the discrepancies in the notice, NEXT MARKETING may, at its discretion, replace the Goods, and or Services provide a discount, or give Customer a credit.
5. Title and Risk
(a) Upon delivery of the Goods, to the Customer's premises or email address, or such other location, the Goods shall remain at the risk of the Customer.
(b) Title in any Goods and/or Services shall be retained by NEXT MARKETING until full payment of the Purchase Price.
(c) If the Goods have been delivered but Customer has not paid the full Purchase Price, Customer must insure the Goods against all risks for a value not less than the Purchase Price. Customer shall hold any proceeds of insurance received in trust for NEXT MARKETING and shall pay any monies received first to NEXT MARKETING until full payment of the Purchase Price is received by NEXT MARKETING.
6. Liability and warranty
(a) NEXT MARKETING shall not be liable for any loss, damage, costs or expenses suffered by Customer, to person or property, arising from the manufacturing, installation, provision, advice, suggestions or recommendations, use of the Goods and/or services. Notwithstanding the foregoing, NEXT MARKETING ‘s liability shall be limited to an amount not exceeding the Purchase Price for the Goods and services in question.
(b) NEXT MARKETING warrants all goods against faulty workmanship and materials for a period of the standard manufacturer's warranty.
7. Intellectual Property
Customer acknowledges NEXT MARKETING retains all proprietary rights, title and provides no exclusive use in the interest in the Goods and services including all trade names used by NEXT MARKETING. Customer shall not permit any of the Goods and/or Services or NEXT MARKETING ‘s trade names to be copied, reproduced, or manufactured by its employees, agents or any third party without NEXT MARKETING’s prior written consent.
8. Termination
(a) If Customer fails to perform any of its obligations under these terms and conditions, NEXT MARKETING may immediately terminate the Order by written notice of termination to Customer.
(b) An Order will immediately terminate without notice, in the event that (i) Customer becomes insolvent, unable to pay its debts (ii) discontinues its business; (iii) Customer is assigned or becomes bankrupt; (iv) a receiver, manager, liquidator or administrator has been appointed to deal with Customer's assets; (v) there is a change of control of the Customer; or (vi) Customer dies or become incapacitated. In the event that the Order is terminated pursuant to this clause, any money owing by Customer to NEXT MARKETING becomes immediately due and payable.
9. Force Majeure
NEXT MARKETING shall not be liable to Customer for any delay or failure to perform its obligations under an Order or these terms and conditions resulting from circumstances beyond its reasonable control. In the event of a Force Majeure, NEXT MARKETING may (a) extend the time for fulfilling its obligations under the Order for a period not to exceed three (3) months; or (b) terminate the Order.
10. Miscellaneous
(a) Customer shall not transfer, assign, or otherwise grant the Order to any third party without NEXT MARKETING’s prior written consent.
(b) Any notice required to be given under these terms and conditions shall be in writing.
(c) Each Order is governed by and subject to these terms and conditions and constitutes the entire agreement between the parties. If any part of these terms and conditions are found void and unenforceable, it will not affect the validity of the balance of these terms and conditions.
(d) The laws of the applicable state or territory govern these terms and conditions.