Terms & Conditions
1. Conditions of Cash Sale
1.1 KOAST means KOAST PTY LTD ABN 72 618 960 428. “You” or “The Applicant” means the customer or person acquiring the goods or services from KOAST. “Guarantors” means both the directors and shareholders (jointly and severally) of the Applicant. If the Applicant is a company, as well as the Trustee/s of the Applicant (jointly and severally), in their personal capacities,
1.2 Orders placed with KOAST are subject to acceptance by KOAST and the placing of an order or the payment of a deposit will be taken as an acknowledgement that the Applicant has read these Conditions of Sale and agrees to be bound by these Conditions of Sale.
2. Terms of Payment
2.1 The Applicant undertakes to pay all amounts as and when they become due and owing.
2.2 The Applicant acknowledges and agrees that KOAST may, at its discretion, charge a service fee at the rate of 1.5 per cent per month on any overdue amounts and that in addition to the amount of the account, the Applicant shall pay in full that service fee and any legal or collection fees or other outlays incurred in recovering any such overdue account and service fee.
2.3 The Applicant further undertakes that upon any change in the legal identity, structure or effective control of the Applicant that prior written permission must first be obtained from KOAST.
3. Reservation of Title
3.1 "Default" shall mean:
(a)Failure by the Applicant to pay any amount owing by the Applicant to KOAST by the due date for any payment;
(b)External administration or act of Bankruptcy of any kind;
3.2 The legal ownership of any goods sold by KOAST and delivered to the Applicant will be transferred to the Applicant only when the Applicant has made payment in full for all money owing to KOAST, notwithstanding that the Applicant incorporates KOAST goods into other goods so that they become part of the composite goods. Until all money owed by the Applicant to KOAST are paid in full the Applicant may recover and keep the composite goods referred to in the last preceding sub -paragraph in the Applicant's capacity as fiduciary/agent of KOAST.
3.3 This agreement shall apply notwithstanding payment of a deposit by the Applicant to KOAST. Further, payment of a deposit will be no barrier to KOAST taking enforcement action according to this agreement.
3.4 Upon default being made by the Applicant, KOAST may recover and resell the goods notwithstanding that the goods have been installed in any building, and/or institute proceedings for the price of those goods.
3.5 The Applicant will store any goods supplied by KOAST in such a way that those goods are the property of KOAST.
3.6 Upon default being made by the Applicant, KOAST by its employees or agents may enter the Applicant's premises to recover possession of the goods according to sub -paragraph 3.3 above.
3.7 The risk of loss of KOAST goods or damage or injury to KOAST goods shall pass to the Applicant from the time that the goods are dispatched to the Applicant including the period the goods are in transit.
4.1A If you are not a consumer within the meaning of the Australian Consumer Law the following warranty applies instead of clause 4.1B herein: The Applicant shall inspect the goods immediately on delivery and shall, within seven days of the date of arrival and such inspection, give notice to KOAST of any matter or thing which the Applicant may allege that the goods are not following the contract. If the Applicant fails to give such notice, the goods shall be deemed to be in all respects per the contract and the Applicant shall be bound to accept and pay for the goods accordingly. Orders for goods received by KOAST are not subject to cancellation or return.
4.1B If you are a consumer within the meaning of the Australian Consumer Law the following warranty applies: The Applicant shall inspect the goods immediately on delivery and shall, within seven days of the date of arrival and such inspection, give notice to KOAST of any matter or thing which the Applicant may allege that the goods are not per the contract. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. The benefits given by this warranty is in addition to other rights and remedies you may have under a law in relation to the goods or services to which the warranty relates. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or t compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. To make a claim pursuant to this warranty please make a request by contacting KOAST on 13 000 KOAST (56278) or email@example.com
4.2 In cases where the purchaser gives notice under clause 4.1A herein, the liability of KOAST to the Applicant shall be limited to any one of the following (at KOAST’s absolute discretion):
- The replacement of the goods or supply of equivalent goods; or
- The repair of the goods; or
- replacing the goods or acquiring the equivalent goods; or
- The payment of the cost of having the goods repaired.
IN CONSIDERATION of KOAST agreeing to enter into this agreement with the Applicant, the Guarantors, each and for their executors and administrators agree:
5.1 they shall be responsible to KOAST for the due payment by the Applicant of all sums of money owing by the Applicant for all or any such goods and/or services as may from time-to-time hereafter be supplied to or on account of the Applicant.
5.2 This shall be a continuing guarantee to KOAST for all debts contracted by the Applicant in respect of goods and/or services to be supplied by KOAST to or on the authority of the Applicant and liability shall not be affected by the death of any guarantor.
5.3 KOAST may without notice grant time or other indulgences to the Applicant and treat us in all respects as if we were jointly and severally liable with the Applicant instead of being merely surety for the Applicant.