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Moove Industries Terms & Conditions

1. DEFINITIONS

In these conditions, "consumer" means any person or company purchasing goods or services which cost less than $40,000 as stated under the Australian Consumer Law; "contract" means any contract for the sale of any goods which incorporates these conditions; "goods" means the goods to be sold under the contract; "price" means the price for the sale of any goods agreed in the contract; "we"/"us"/"our" refers to Moove Industries; "you"/"your" means the person, firm or company buying the goods under the contract; "warranty" means any warranty term or condition (express or implied) relating to the quality, condition or description of the goods.

2. APPLICATION OF THESE CONDITIONS

These conditions shall be incorporated into all quotations, offers, orders, acceptances, and contracts for the sale of goods by us.

3. ORDERING

Your order to us is your offer to purchase the goods on these conditions. All orders are subject to written acceptance by Moove Industries. A quotation by us does not constitute an offer. If we make an offer, it is valid only if your acceptance is received within 14 days from the date of the offer.

4. SALE

We agree to sell and deliver and you agree to purchase and accept delivery of the goods, on and subject to these conditions. If you are a consumer and these conditions are not acceptable to you, we should be contacted within 7 days and a full refund will be given for unopened and unused goods.

5. SPECIFICATION

(a) Photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a quotation, descriptive literature or a catalogue approximate the goods offered but may be subject to alteration by the manufacturer or supplier without notice.

(b) To the extent permitted by statute, any performance data provided by us or a manufacturer is an estimate only and should be construed accordingly.

6. DELIVERY

(a) Delivery Time: We will use our reasonable endeavours to deliver the goods to you by the delivery date agreed with you or, if no date is agreed with you, within a reasonable time. Delivery dates are estimates only. Time of delivery is not of the essence of the contract. If we have agreed a delivery date with you and we have not delivered the goods within 7 days for any reason other than force majeure, you may nominate a reasonable final date on which you want us to deliver the goods. If we fail to deliver by the nominated date you may cancel the contract.

(b) Place of Delivery: A specified address must be provided with the order. When we have agreed to deliver the goods to a specified address, we will deliver the goods to that address.

(c) Risk: Risk of damage to or loss of the goods will pass to you when the goods are collected by you or your representative, or delivered to you or your representative or to the agreed delivery address.

(d) Delivery Arrangements: If we have agreed to deliver the goods to premises specified by you, you must make reasonable arrangements to receive and off-load those goods during normal working hours, or during such times as we may agree with you. We may hand the goods over to any person who claims to have authority to receive the goods at those premises.

(e) Loading and Unloading Goods: Unless we agree otherwise, if we are delivering the goods to you, you are responsible for unloading the goods from our vehicle. In either case, you must provide sufficient persons to be available to load or off-load the goods within a reasonable time.

(f) Delivery Acceptance: The buyer shall inspect the goods immediately upon receipt and shall notify us within 72 hours of any issues. Failure to notify us within 72 hours of receipt will deem the goods accepted.

 7. PAYMENT

(a) Your obligation to pay: You shall pay the price for the goods, and unless otherwise agreed, your payment must accompany your order. We shall not be obliged to dispatch or deliver any goods until payment in full has been received from you.

(b) Monthly Accounts: Where monthly account facilities have been granted to you, payment to Moove Industries for goods delivered and accepted is due within 30 calendar days of the end of the month in which you are invoiced for the goods. If you fail to make payment in accordance with this clause, all amounts owing in the Sales Invoice shall immediately become due and payable. Each outstanding amount shall bear interest at the rate of 10% per annum calculated on a daily basis from the day it falls due until the day it is paid.

(c) Delivery Charges: Unless otherwise agreed by us in writing, you must pay a reasonable additional charge for delivery of the goods to you or collection of any goods from you, including all costs of carriage, packaging and insurance in transit.

(d) Invoicing: We may invoice you for the price of the goods and any other amount payable by you at any time after receiving your order.

(f) Suspension of delivery: We may suspend delivery until payment has been received, in the event that we have reasonable doubts about your ability or willingness to pay on the due date.

(g) Price Changes: We shall be entitled to vary the price of the goods without notice.

8. WARRANTY

You shall immediately notify us in writing of any defect in the goods supplied. You shall not carry out any remedial work to allegedly defective goods without first obtaining our written consent to do so. The provisions of this clause 12(a) do not constitute a warranty in relation to the quality or fitness of the goods, or require us to repair or replace goods, or offer a refund in relation to goods, in circumstances other those set out in Australian Consumer Law (to the extent that the Australian Consumer Law applies to the goods).

9. BUYER'S CANCELLATION

Unless otherwise agreed in writing, you shall have no right to cancel an order which has been accepted by us. If a right of cancellation is expressly reserved to you, such right of cancellation must be exercised by notice in writing from you no later than 7 days prior to the estimated date of shipment by us. Unless otherwise agreed, upon cancellation prior to shipment any deposit paid by you shall be forfeited to Moove Industries. Despite the cancellation of any order for any reason, you must still purchase from us any goods ordered which constitute Exclusive Goods (whether in store, in transit or being manufactured) which were procured or ordered by you before such cancellation, unless otherwise agreed in writing by us.

10. RETENTION OF TITLE

We will remain owners of the goods until you have paid in full for all goods supplied under the contract, at which time title to the goods will pass to you. If we terminate the contract before you have paid for the goods, your right to possession of the goods will end and you shall return the goods to us immediately on demand. Unless otherwise stated, this Clause shall not apply if we give you credit for the price, and that credit is re-payable in 2 or more instalments.

11. FORCE MAJEURE

We will not be liable for any delay or failure in delivering the goods to you, or for any other failure to perform the contract, where due to any event or circumstance beyond our reasonable control, including Act of God, legislation, war, civil commotion, fire, flood, drought, failure of power supply, failure of machinery, lock out, strike, stoppage or other action by our employees or third parties, or owing to any inability to procure any supplies of the goods or parts or materials. Except where we could have reasonably provided for such events or circumstances using reasonable business practice, if due to any such event or circumstance, we have insufficient stocks of the goods available to meet all orders for those type of goods from any persons, we shall be entitled to apportion the available stocks of such goods to such orders as we may decide in our sole discretion. If such event or circumstance continues for more than 1 month either party may terminate the contract without further liability to the other (in which case we will repay any advance payments made by you for undelivered goods and you must still pay for goods actually delivered).

 12. LIMITATION OF LIABILITY

(a) The Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law guarantee certain conditions, warranties and undertakings, and give you other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in this Agreement and the Australian Consumer Law, Moove Industries makes no warranties or other representations under this Agreement. Our liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law. 
(b) Without limiting clause 12 (a), where we sell goods to you, and you purchase them as a Consumer, then the Australian Consumer Law provides certain guarantees in relation to the goods. Our rights of buying goods as a Consumer include those set out in clause 12 (c) below. 
(c) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. 
(d) To the extent permitted by statute, our liability, if any, arising from the breach of any implied conditions or warranties, or failure to comply with a statutory guarantee under the Australian Consumer Law, in relation to the supply of goods other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, shall at our option be limited to:

(i) The replacement of the goods or resupply of the goods by us, or the cost of replacement or resupply of the goods; or

(ii) The repair of the goods, or the cost of repair of the goods.

(e) Subject to clause 12 (a), we shall not in any circumstances be liable to you under or in connection with this Agreement, or in negligence or any other tort or otherwise howsoever, as a result of any act or omission in the course of or in connection with the performance of this Agreement, for or in respect of any Excluded Loss. 
(f) We make no express warranties in relation to the suitability for any purpose of goods or materials supplied by you. 
(g) To the extent permitted by statute, all warranties, conditions and guarantees (whether express, implied or applied, and whether given by us, the manufacturer or a third party) and any of your obligation to repair or replace any goods are void in respect of any goods which we tamper with or alters.

13. TERMINATION

We may terminate the contract immediately if:

(a) The price or any other amounts payable by you become overdue and you fail to pay within 14 days of notice from us demanding payment;

(b) You are in breach of the contract, which is either not capable of remedy, or if capable of remedy is not remedied within 30 days of notice of the breach;

(c) You are a consumer, and you shall become unable to pay your debts, or commit any act of bankruptcy, or make a voluntary arrangement with your creditors.

14. ALTERATION TO CONDITIONS

We may, at any time and from time to time, alter these terms and conditions. Any variation to these standard terms and conditions will not apply to any contract for a specified term that incorporates a version of these standard terms and conditions released prior to the variation.

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