Terms and Conditions
In these conditions, save where the context requires otherwise the following words and expressions shall have the following meanings:
“Buyer”: The person who is contracting the Company;
“The Company”: Funky Frog Discos;
“The Goods”: The goods or services sold or provided or to be sold or provided by the Company
1.2 Headings are for ease of reference only and shall not affect construction.
Words importing one gender shall be treated as importing any gender, words importing individuals shall be treated as importing corporations or vice versa, words importing the singular shall be treated as importing the plural and vice versa, and works importing whole shall be treated as including a reference to any part thereof.
2.1 These conditions shall apply to all quotations given or contracts made or to be made by the Company for services provided and the sale of any Goods. The acceptance by the Buyer of a quote from the Company by signing any relevant agreement or any written instructions shall constitute unqualified acceptance by the Buyer of these Conditions. Any conditions submitted, proposed or stipulated by the Buyer in whatever form and at whatever time, whether written or oral, are expressly waived and excluded.
No change to these Conditions shall be binding unless agreed in writing by the Company.
3.1 Unless otherwise agreed in writing by the Company the price of the Goods is
exclusive of costs of delivery which must be paid at the same time as payment for the Goods (if applicable).
Prices are exclusive of Goods and Services tax which, where applicable, will be separately charged at an appropriate rate.
Any quotation given by the Company is, subject to 3.4 below, valid for a period of 30 days from the date on the quote.
The Company reserves the right by notice given at any time before delivery to vary the price of Goods if, after the contract, there is an increase in cost of the Goods to the Company by reason of any circumstance outside the control of the Company including (without limitation) increases in the cost of materials, labour or transport, exchange rate fluctuations, increases in import levies or other taxes.
Any quotation by the Company is subject to availability of the relevant ‘goods’ at the time of order.
If an order is cancelled or amended by the Buyer then the Buyer shall remain responsible to make payment in full for that order in accordance with clause 4.1.
4.1 Unless otherwise agreed in writing by the Company the Buyer shall pay a 10% deposit to secure an order and agree to these terms and conditions. Final payment shall be made at the premises of the function prior to commencement of the service at the intended location.
4.2 If any sums become overdue, the company may (without prejudice to any other right or remedy available to it) suspend all further deliveries until payment in full thereof has been made or cancel the contract as regards any Goods which remain to be delivered thereunder.
4.3 The Company may at its discretion charge interest at 2% per month on any sum not paid on the due date. Such interest shall run from day to day and accrue after as well as before any judgment and shall from time to time be compounded monthly on the amount overdue until payment thereof.
4.4 The Buyer shall not be entitled to withhold payment in whole or in part on the ground that it has a claim, counterclaim or set-off against the Company.
4.5 The Company may at any time without notice terminate or suspend the Buyer’s right to purchase goods upon credit.
4.6 The costs of collection of any money due and owing by the Buyer including but not limited to the fees of any mercantile agent or solicitor engaged b the Company shall be recoverable in full against the Buyer,
5.1 The Company shall not be liable for may loss or damage whether arising directly or indirectly from delay in delivery. Furthermore, the Buyer shall not be relieved of any obligation to accept or pay for goods by reason of delay in delivery.
5.2 The Service and Goods provided shall be at the Buyer’s sole risk in respect of all loss or damage arising from any cause whatsoever.
5.3 If delivery is delayed through the Buyer’s default (e.g. failure by the failure by the Buyer or his nominated representative to attend site as time of delivery) or if the Buyer declines or delays in accepting delivery, then and in either such case the Company may (without prejudice to any other right or remedy available to it) charge as part of the price of the Goods at a reasonable storage fee, expenses for subsequent redelivery and other costs incurred by the Company.
6.1 To the extent permitted by law, all conditions, warranties or obligations whether express or implied by statute, common law and otherwise are excluded and the provisions of these Conditions shall apply in lieu thereof.
6.2 If the goods are not 0f a kind ordinarily acquired for personal, domestic or household use, liability of the Company for breach of any conditions or warranty implied by the Trade Practices Act 1974 (other than by section 69) and/or the Sale of Goods Act 1896 shall be limited to one of the following at the Company’s option:
(a) the replacement of the Goods or the supply of equivalent goods; or
(b) the repair of the Goods; or
(c) the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the Goods repaired.
6.3 No claim will be met by the Company under Condition 6.2 if, in the opinion of the Company:
(a) a defect in the Goods is not due solely to defective materials or manufacture:
(b) the Goods have been misused or subjected to neglect, carelessness or abnormal conditions or involved in any accident or attempt at repair, replacement or modification or dealt with contrary to any directions issued by the Company; or
(c) the terms of payment set our in Condition 4/1 have not been complied with.
6.4 The warranty contained in this Condition is specifically limited to the Buyer and no warranty is made to any other person, whether subsequent the Buyer or user, or to any bailee, licensee, assignee, employee, agent or otherwise.
6.5 The Company gives no warranty and makes no representation that any sale or use by The Buyer of the Goods will be free from infringement of any patent or other intellectual property right owned or controlled by any third party.
6.6 All claims must be made in writing to The Company within seven (7) days of the delivery of Goods.
Retention of Title
7.1 Notwithstanding delivery the property of the Goods will remain in the Company and subject to the following provisions of the Condition. The Buyer will hold the Goods as bailee for the Company until payment in full of the price for the Goods and all other sums due from The Buyer to the Company on any account whatsoever (in this Condition referred to as “Payment”).
7.2 If the Buyer (before payment) sells the Goods whether in the same or a modified form to any third party it shall, as between the Buyer and such third party sell as principal but as between the Buyer and the Company, The Buyer shall sell as the fiduciary agent of the company.
7.3 The Buyer shall hold such part of the proceeds of any such scale as equates to the aggregate amount due from the Buyer to the Company on any account whatsoever separate and for the Company’s account pending Payment or shall if the Company so requires authorise and direct such third party to pay to the Company a like part of the sum due to the Buyer in respect of the Goods so sold and assign to the company such part of the debt owed to the Buyer by such third party.
8.1 All descriptions, representations, specifications, samples, colours, illustrations an other particulars furnished or made orally by the Company or in catalogues, trade literature, price lists or other documents issued by the Company are given for general information purposes only and the Buyer acknowledges that it is not entering into the contract in reliance upon any such description representation, specification, sample or other particular,
8.2 Except to the extent specifically provided for in these Conditions, the Company shall not be liable whether in contract, tort, or otherwise for any loss, damage or injury however caused or arising from any defect, failure, or unsuitably for any purpose of, the Goods or Service.
8.3 The Company shall not in any event be liable for any indirect or consequential loss whatever and however caused.
8.4 Nothing in these Conditions shall exclude or restrict any liability for death or personal injury resulting from the Company negligence.
No failure or delay by the Company I exercising any right hereunder shall operate as a waiver thereof or extend to or affect any other or subsequent event or impair any rights or remedies consequent thereon or in any way modify or diminish the rights of the Company under these Conditions.
9.1 The Buyer shall not assign or transfer or purport to assign or transfer any contract to which these Conditions apply or the benefit thereof to any other person.
10.1 If any Condition shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable in any way, such invalidity or unenforceability shall in no way impair or affect any other Condition all of which shall remain in full force and effect.
11.1 Any notice may be given under these Conditions may be delivered or be sent by first class pre-paid paso addressed to the party to be served at the address for such party last known to the party giving the notice or may be transmitted by facsimile to the facsimile number of the party to be served last known to the party giving notice, Notices served by post shall be deemed served 48 hours after posting and notices served by facsimile shall be deemed served 24 hours after the recipient’s facsimile machine shall have acknowledged receipt.
12.1 Any contract to which these Conditions apply is subject to cancellation by the Company or to such variation as it may find necessary by reason of inability to secure labour, materials, transport or supplies or by reason of strike, lockout, trade dispute, weather conditions, hostilities, legislation, Act of God or any cause whatsoever beyond the control of the company.
13.1 These Conditions shall be governed by and construed in accordance with Queensland law and The Buyer submits to the non-exclusive jurisdiction of the Queensland Courts.