Atelier Diamant (“the Service Provider”) agrees to supply the Goods & services to the Client in accordance with the Order. An Order supersedes all other communications and negotiation (whether oral or written) between the Service provider and the Client in relation to the Goods & services which constitutes the entire agreement between the parties.
- Supply. The Service provider agrees to supply the Goods & services to the Client for the Price. “Goods & services” means the good & services described on the Supplier’s front invoice page.
- Price. The Service provider must deliver to the Client an invoice for Goods & services delivered under the Order. The Client must pay the Service provider the Price upon delivery of the Goods & services or within seven working days. The invoice must be in the form of a tax invoice.
- Risk and Title. Property and title in the Goods & services will pass to the Client only upon payment of the Price by the Client to the Service provider or payment made within seven working days. Risk in Goods & services will pass to the Client upon payment of the Price by the Client and delivery of the Goods & services to the Client.
- Warranties. The Service provider warrants that the Goods & services will:
(a) at delivery, be in good order and condition and of good merchantable quality;
(b) comply precisely with the description in the Order;
(c) be of good merchantable quality;
(d) comply with any other warranties or guarantees contained in the Order or ordinarily supplied by the Service provider of the Goods & services;
(e) comply with all applicable Australian standards;
(f) comply with the provisions of any legislation applicable to them; and
(g) at delivery, be free from all charges, liens and encumbrances.The warranties this clause 4 are in addition to any warranties which are or may be implied under the Sale of Goods & services Act, the Trade Practices Act and any other legislation applicable to the Goods & services.
- Defective Goods & services. If, after deliver of the Goods & services, the Client discovers that the Goods & services do not comply with any warranty given under clause 4, the Client may notify the Service provider in writing, and the Service provider shall respond to such notification within 30 days of notice.
- Limitations of Liability and Warranties. The Service provider is not responsible for any failures or delays in performing under this Agreement. The Service provider is not responsible for any special, indirect, incidental or consequential damages resulting from the performance or omission of any Goods & services. The Service provider will not be responsible for any loss, damage, wear or tear, misuse of the Goods & services after it is delivered to the Client.
- Abandon Product. If the Client has not paid all charges and taken delivery of the Goods & services within sixty (60) days, the Service provider will consider the Goods & services abandoned. The Service provider may dispose of the Goods & services or may sell the Goods & services without liability to the Client. The Service provider reserves its statutory and any other lawful liens for unpaid charges.
- Complete Agreement. These Terms and Conditions are the only ones that govern the supply of Goods & services to the Client. No other oral or written terms or conditions apply, including any terms or conditions contained in any purchase order that you provide to the Supplier. No one has authority from the Service provider to vary any of these Terms and Conditions.
- Governing Law. The laws of the State of Western Australia will govern this Agreement.