Terms & Conditions
Financial Terms and Conditions
All good and services (‘Products’) supplied by Eagle Training Services NT ABN 75 723 581 980 (‘ETS’) are supplied on the following terms and conditions. For the purpose of this document the word ‘GOODS/PRODUCTS/SERVICES’ shall mean, all services, goods and chattels, all charges for work and labour done, hire charges, fees, service charges, repairs, materials, insurance charges of whatever nature, associated with the supply, manufacture, construction, repair of the goods supplied to the Customer and all the terms and conditions of this agreement shall relate to any charge herein mentioned imposed by the supplier to the Customer.
These terms and conditions are governed by and will be construed in accordance with the laws of the Northern Territory and the parties agree to submit to the jurisdiction of the courts of that state/territory.
Title of Goods:
a) Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to ETS.
b) Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer.
c) If the Products are sold by the Customer, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of ETS, to hold the proceeds of sale on trust for ETS in an account in the name of ETS, until payment in full for the Products is made to ETS.
Payment of accounts:
a) All accounts are to be settled in full within the agreed trading terms noted on the ETS statement and/or invoice. Credit facilities may only continue if payment is maintained in accordance with those agreed trading terms.
b) Should the Customer default in making any payment in accordance with the agreed trading terms, then all monies owing to ETS shall immediately become due and payable. ETS shall be entitled to charge interest at the rate of 5% per calendar month on all overdue amounts from the date due for payment until the date of actual payment.
c) Any expense and/or costs or disbursements incurred by ETS in recovering any outstanding monies including debt collection agency fees and legal costs shall be paid by the Customer.
d) It is expressly understood and agreed that this credit arrangement may be terminated at any time by ETS. In that event, all monies owing to ETS will be immediately due and payable.
That where there is more than one Customer each Customer shall be jointly and severally be liable hereunder and all terms hereof the singular shall be read and construed as including the plural.
ETS reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by ETS.
Any products which are damaged or defective, delivered after their ‘use by’ or ‘best before’ date or which are not otherwise in accordance with the Customers order, may be returned to ETS within 14 days of delivery, at no cost to the Customer.
The Customer may otherwise return Products to ETS and obtain a credit:
a) Except for specially purchased Products, Products specifically tailored for the Customers requirements.
b) Provided that it does so within 14 days of delivery and a return authorisation is obtained from ETS.
c) Provided that the Products are in their original packaging, unopened, of a current make and model, and otherwise as new and in a saleable condition.
d) At the Customers own expense, or to the Customers account.
e) On the basis that the risk in the Products remains with the Customer until the Products are received by ETS and that a restocking or return fee of 20% may be charged.
Customer Specific Stock:
Where ETS has agreed to procure and/or warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, ETS may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies ETS against all claims, demands, losses, costs and expenses incurred by or made against ETS, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that ETS may use, print or reproduce at the Customers request.
Where a course within the boundaries of Alice Springs or Darwin is cancelled by a client with less than 10 business days notice, the client will be charged the full quoted price.
For instances where travel is required to provide delivery of such Products/Services in areas beyond the boundaries of Alice Springs or Darwin, and travel to the location where these Products/Services are required is undertaken, and the requirement for the Product/Services is cancelled there will be a charge of the full quoted price. If notification of the cancellation is received with less than 10 days notice prior to commencement of travel, a charge of 25% of the quoted price may be charged to the Customer.
ETS reserves the right to cancel any course at any time and will provide a full refund to those who have enrolled and prepaid.
If ETS closes or ceases to deliver any part of the training product that the learner is enrolled in, the learner will be issued a full refund.
Except for those required or implied by legislation, ETS gives no express warranty in relation to products and services supplied to the Customer and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of ETS. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of ETS under or arising out of the supply of Products and Services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation shall be limited at the option of ETS to:
a) If the breach relates to the products:
(i) The replacement of the Products or the supply of equivalent
(ii) The repair of the goods.
(iii) The payment of the cost or replacing the Product or of acquiring equivalent Products.
(iv) The payment of the cost of having the Products repaired.
b) If the breach or liability relates to Services:
(i) The supplying of these services again.
(ii) The payment of the cost of having the services supplied again by ETS.
Except as expressly provided above, ETS shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by ETS or the failure of ETS to comply with these terms and conditions.
These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customers order. In the event of any inconsistency, ETS will be deemed, by delivering the Product to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepted services. ETS reserves the right to change these Terms and Conditions at any time.
ETS reserves the right to recover from the Customer all goods and services tax (GST) payable in respect of the supply of Products and Services to the Customer.
The failure by ETS to exercise, or any delay in exercising, any right, power or privilege available under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise of any other right or power.