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Douggies Office Equipment Warehouse – Terms & Conditions of Trade

 

1.1 “Douggies” means Office Equipment Warehouse Pty Ltd T/A Douggies Office Equipment Warehouse, its 

 

successors and assigns or any person acting on behalf of and with the authority of Office Equipment Warehouse 

 

Pty Ltd T/A Douggies Office Equipment Warehouse.

 

1.2 “Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is 

 

more than one Customer is a reference to each Customer jointly and severally.

 

1.3 “Goods” means all Goods or Services supplied by Douggies to the Customer at the Customer’s request from time 

 

to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

 

1.4 “Price” means the Price payable for the Goods as agreed between Douggies and the Customer in accordance with 

 

clause 4 below.

 

2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these 

 

terms and conditions if the Customer places an order for or accepts delivery of the Goods.

 

2.2 These terms and conditions may only be amended with Douggies’ consent in writing and shall prevail to the extent 

 

of any inconsistency with any other document or agreement between the Customer and Douggies.

 

3. Change in Control

 

3.1 The Customer shall give Douggies not less than fourteen (14) days prior written notice of any proposed change of 

 

ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes 

 

in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be 

 

liable for any loss incurred by Douggies as a result of the Customer’s failure to comply with this clause.

 

4. Price and Payment

 

4.1 At Douggies’ sole discretion the Price shall be either:

 

(a) as indicated on any invoice provided by Douggies to the Customer; or

 

(b) the Price as at the date of delivery of the Goods according to Douggies’ current price list; or

 

(c) Douggies’ quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or 

 

otherwise for a period of seven (7) days.

 

4.2 Douggies reserves the right to change the Price if a variation to Douggies’ quotation is requested.

 

4.3 At Douggies’ sole discretion a non-refundable deposit may be required. 

 

4.4 Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s 

 

determined by Douggies, which may be:

 

(a) on delivery of the Goods; 

 

(b) thirty (30) days following the end of the month in which a statement is posted to the Customer’s address or 

 

address for notices;

 

(c) the date specified on any invoice or other form as being the date for payment; or

 

(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the 

 

Customer by Douggies. 

 

4.5 Payment may be made by cash, bank cheque, electronic/on-line banking, credit card (AMEX and Diners cards will 

 

not be accepted), or by any other method as agreed to between the Customer and Douggies.

 

4.6 Unless expressly stated otherwise the Price includes GST.

 

5. Delivery of Goods

 

5.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that: 

 

(a) the Customer or the Customer’s nominated carrier takes possession of the Goods at Douggies’ address; or

 

(b) Douggies (or Douggies’ nominated carrier) delivers the Goods to the Customer’s nominated address even if the 

 

Customer is not present at the address.

 

5.2 At Douggies’ sole discretion the cost of delivery is in addition to the Price.

 

5.3 The Customer must take delivery by receipt or collection of the Goods whenever either is tendered for delivery. In 

 

the event that the Customer is unable to take delivery of the Goods as arranged then Douggies shall be entitled to 

 

charge a reasonable fee for redelivery and/or storage.

 

5.4 Douggies may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in 

 

accordance with the provisions in these terms and conditions.

 

5.5 Delivery of the Goods to a third party nominated by the Customer shall be deemed to be delivery to the Customer 

 

for the purposes of this agreement.

 

5.6 Any time or date given by Douggies to the Customer is an estimate only. The Customer must still accept delivery of 

 

the Goods even if late and Douggies will not be liable for any loss or damage incurred by the Customer as a result 

 

of the delivery being late.

 

6.1 Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the 

 

Goods on or before Delivery.

 

6.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, 

 

Douggies is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and 

 

conditions by Douggies is sufficient evidence of Douggies’ rights to receive the insurance proceeds without the 

 

need for any person dealing with Douggies to make further enquiries. 

 

6.3 If the Customer requests Douggies to leave Goods outside Douggies’ premises for collection or to deliver the 

 

Goods to an unattended location then such Goods shall be left at the Customer’s sole risk.

 

Douggies Office Equipment Warehouse – Terms & Conditions of Trade

 

7. Backup Services and Potential Data Loss

 

7.1 Douggies takes all due care during service; however this does NOT cover loss of data, software or settings, before, 

 

during, or after, service. The Customer or their assigned or nominated agent is totally and wholly responsible for 

 

backing-up of data on the item prior to any service. 

 

7.2 During any service, loss of data (information, software, settings) can occur in unpreventable and unforeseen ways. 

 

The actual process of testing, identifying & rectifying a fault can lead to loss of data and settings, for example, if 

 

there is virus present, simply turning on the item could cause (further) damage or loss of data; similarly, if the hard 

 

disk is faulty, simply turning on the item could cause loss or damage to data. 

 

7.3 If the Customer does not have a backup of the Customers software and data, Douggies can provide the Customer 

 

with Douggies data backup service at an additional cost. However, we cannot guarantee the integrity of the data 

 

when backing up.

 

7.4 The Customer acknowledges and agrees that Douggies and/or its third-party service provider shall not be 

 

responsible under any circumstances for any loss, alteration, or corruption of any software, date or files. The 

 

Customer further acknowledges that computer operating systems, programs and applications are susceptible to software 

 

bugs, viruses, malfunctions, defects, impairments, mistakes, errors and or flaws causing the operating system to produce 

 

an incorrect or unexpected result or to behave in unexpected ways (“Bugs”) and that Douggies is held harmless and or 

 

released from any such liability except to the extent that such Bugs are caused by Duggies own negligence in performing 

 

the Services under this agreement.

 

8.1 Douggies and the Customer agree that ownership of the Goods shall not pass until:

 

(a) the Customer has paid Douggies all amounts owing to Douggies; and

 

(b) the Customer has met all of its other obligations to Douggies.

 

8.2 Receipt by Douggies of any form of payment other than cash shall not be deemed to be payment until that form of 

 

payment has been honoured, cleared or recognised.

 

8.3 It is further agreed that:

 

(a) until ownership of the Goods passes to the Customer in accordance with clause 8.1 that the Customer is only a 

 

bailee of the Goods and must return the Goods to Douggies on request. 

 

(b) the Customer holds the benefit of the Customer’s insurance of the Goods on trust for Douggies and must pay to 

 

Douggies the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.  

 

(c) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary 

 

course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods 

 

then the Customer must hold the proceeds of any such act on trust for Douggies and must pay or deliver the 

 

proceeds to Douggies on demand.

 

(d) the Customer should not convert or process the Goods or intermix them with other goods but if the Customer 

 

does so then the Customer holds the resulting product on trust for the benefit of Douggies and must sell, 

 

dispose of or return the resulting product to Douggies as it so directs. 

 

(e) the Customer irrevocably authorises Douggies to enter any premises where Douggies believes the Goods are 

 

kept and recover possession of the Goods.

 

(f) Douggies may recover possession of any Goods in transit whether or not delivery has occurred. 

 

(g) the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any 

 

interest in the Goods while they remain the property of Douggies. 

 

(h) Douggies may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of 

 

the Goods has not passed to the Customer.

 

9. Personal Property Securities Act 2009 (“PPSA”)

 

9.1 In this clause financing statement, financing change statement, security agreement, and security interest has the 

 

meaning given to it by the PPSA.

 

9.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms 

 

and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all 

 

Goods that have previously been supplied and that will be supplied in the future by Douggies to the Customer.

 

9.3 The Customer undertakes to:

 

(a) promptly sign any further documents and/or provide any further information (such information to be complete, 

 

accurate and up-to-date in all respects) which Douggies may reasonably require to;

 

(i) register a financing statement or financing change statement in relation to a security interest on the Personal 

 

(ii) register any other document required to be registered by the PPSA; or

 

(iii) correct a defect in a statement referred to in clause 9.3(a)(i) or 9.3(a)(ii);

 

(b) indemnify, and upon demand reimburse, Douggies for all expenses incurred in registering a financing statement 

 

or financing change statement on the Personal Property Securities Register established by the PPSA or 

 

releasing any Goods charged thereby;

 

(c) not register a financing change statement in respect of a security interest without the prior written consent of 

 

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the 

 

Goods in favour of a third party without the prior written consent of Douggies;

 

(e) immediately advise Douggies of any material change in its business practices of selling Goods which would 

 

result in a change in the nature of proceeds derived from such sales.

 

9.4 Douggies and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security 

 

agreement created by these terms and conditions. 

 

Property Securities Register; 

 

Douggies Office Equipment Warehouse – Terms & Conditions of Trade

 

9.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of 

 

9.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

 

9.7 Unless otherwise agreed to in writing by Douggies, the Customer waives their right to receive a verification 

 

statement in accordance with section 157 of the PPSA.

 

9.8 The Customer must unconditionally ratify any actions taken by Douggies under clauses 9.3 to 9.5.

 

9.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the 

 

effect of contracting out of any of the provisions the PPSA. 

 

10. Security and Charge

 

10.1 In consideration of Douggies agreeing to supply the Goods, the Customer charges all of its rights, title and interest 

 

(whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer 

 

either now or in the future, to secure the performance by the Customer of its obligations under these terms and 

 

conditions (including, but not limited to, the payment of any money). 

 

10.2 The Customer indemnifies Douggies from and against all Douggies’ costs and disbursements including legal costs 

 

on a solicitor and own client basis incurred in exercising Douggies’ rights under this clause.

 

10.3 The Customer irrevocably appoints Douggies and each director of Douggies as the Customer’s true and lawful 

 

attorney/s to perform all necessary acts to give effect to the provisions of this clause 10 including, but not limited to, 

 

signing any document on the Customer’s behalf.

 

11. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

 

11.1 The Customer must inspect the Goods on delivery and must within seven (7) days of delivery notify Douggies in 

 

writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The 

 

Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect 

 

becomes evident. Upon such notification the Customer must allow Douggies to inspect the Goods.

 

11.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory 

 

implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be 

 

implied into these terms and conditions (Non-Excluded Guarantees). 

 

11.3 Douggies acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded 

 

11.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Douggies 

 

makes no warranties or other representations under these terms and conditions including but not limited to the 

 

quality or suitability of the Goods. Douggies’ liability in respect of these warranties is limited to the fullest extent 

 

permitted by law. 

 

11.5 If the Customer is a consumer within the meaning of the CCA, Douggies’ liability is limited to the extent permitted 

 

by section 64A of Schedule 2.

 

11.6 If Douggies is required to replace the Goods under this clause or the CCA, but is unable to do so, Douggies may 

 

refund any money the Customer has paid for the Goods.

 

11.7 If the Customer is not a consumer within the meaning of the CCA, Douggies’ liability for any defect or damage in 

 

(a) limited to the value of any express warranty or warranty card provided to the Customer by Douggies at 

 

Douggies’ sole discretion;

 

(b) limited to any warranty to which Douggies is entitled, if Douggies did not manufacture the Goods;

 

(c) otherwise negated absolutely. 

 

11.8 Subject to this clause 11, returns will only be accepted provided that:

 

(a) the Customer has complied with the provisions of clause 11.1; and

 

(b) Douggies has agreed that the Goods are defective; and

 

(c) the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and

 

(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.

 

11.9 Notwithstanding clauses 11.1 to 11.8 but subject to the CCA, Douggies shall not be liable for any defect or damage 

 

which may be caused or partly caused by or arise as a result of:

 

(a) the Customer failing to properly maintain or store any Goods; 

 

(b) the Customer using the Goods for any purpose other than that for which they were designed; 

 

(c) the Customer continuing the use of the Goods after any defect became apparent or should have become 

 

apparent to a reasonably prudent operator or user; 

 

(d) the Customer failing to follow any instructions or guidelines provided by Douggies;

 

(e) fair wear and tear, any accident, or act of God.

 

11.10 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer 

 

acknowledges that it has had full opportunity to inspect the second hand Goods prior to delivery and accepts them 

 

with all faults and that to the extent permitted by law no warranty is given by Douggies as to the quality or suitability 

 

for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer 

 

acknowledges and agrees that Douggies has agreed to provide the Customer with the second hand Goods and 

 

calculated the Price of the second hand Goods in reliance of this clause 11.10.

 

11.11 Douggies may in its absolute discretion accept non-defective Goods for return in which case Douggies may require 

 

the Customer to pay handling fees of up to twenty percent (20%) of the value of the returned Goods plus any 

 

11.12 Notwithstanding anything contained in this clause if Douggies is required by a law to accept a return then Douggies 

 

will only accept a return on the conditions imposed by that law. 

 

12. Intellectual Property 

 

Douggies Office Equipment Warehouse – Terms & Conditions of Trade

 

12.1 Where Douggies has designed, drawn or developed Goods for the Customer, then the copyright in any designs 

 

and drawings and documents shall remain the property of Douggies.

 

12.2 The Customer warrants that all designs, specifications or instructions given to Douggies will not cause Douggies to 

 

infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer 

 

agrees to indemnify Douggies against any action taken by a third party against Douggies in respect of any such 

 

12.3 The Customer agrees that Douggies may (at no cost) use for the purposes of marketing or entry into any 

 

competition, any documents, designs, drawings or Goods which Douggies has created for the Customer.

 

12.4 Where Douggies has provided computer software and documentation, Douggies retains ownership of the computer 

 

software and documentation, but grants a licence to the Customer for use of the computer software and 

 

documentation. The Customer will use any third-party software supplied to Douggies, and identified as such, strictly 

 

in terms of the licence under which it is supplied

 

13. Default and Consequences of Default

 

13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of 

 

warrpayment, at a rate of two and a half percent (2.5%) per calendar month (and at Douggies’ sole discretion such 

 

interest shall compound monthly at such a rate) after as well as before any judgment.

 

13.2 If the Customer owes Douggies any money the Customer shall indemnify Douggies from and against all costs and 

 

disbursements incurred by Douggies in recovering the debt (including but not limited to internal administration fees, 

 

legal costs on a solicitor and own client basis, Douggies’ collection agency costs, and bank dishonour fees).

 

13.3 Without prejudice to any other remedies Douggies may have, if at any time the Customer is in breach of any 

 

obligation (including those relating to payment) under these terms and conditions Douggies may suspend or 

 

terminate the supply of Goods to the Customer. Douggies will not be liable to the Customer for any loss or damage 

 

the Customer suffers because Douggies has exercised its rights under this clause.

 

13.4 Without prejudice to Douggies’ other remedies at law Douggies shall be entitled to cancel all or any part of any 

 

order of the Customer which remains unfulfilled and all amounts owing to Douggies shall, whether or not due for 

 

payment, become immediately payable if:

 

(a) any money payable to Douggies becomes overdue, or in Douggies’ opinion the Customer will be unable to 

 

make a payment when it falls due; 

 

(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an 

 

arrangement with creditors, or makes an assignment for the benefit of its creditors; or

 

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the 

 

Customer or any asset of the Customer.

 

14.1 Douggies may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any 

 

time before the Goods are due to be delivered by giving written notice to the Customer. On giving such notice 

 

Douggies shall repay to the Customer any money paid by the Customer for either the Goods or Equipment hire. 

 

Douggies shall not be liable for any loss or damage whatsoever arising from such cancellation.

 

14.2 In the event that the Customer cancels delivery of the Goods the Customer shall be liable for any and all loss 

 

incurred (whether direct or indirect) by Douggies as a direct result of the cancellation (including, but not limited to, 

 

any loss of profits).

 

15. Privacy Act 1988

 

15.1 The Customer agrees for Douggies to obtain from a credit reporting agency a credit report containing personal 

 

credit information about the Customer in relation to credit provided by Douggies.

 

15.2 The Customer agrees that Douggies may exchange information about the Customer with those credit providers 

 

either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting 

 

agency for the following purposes:

 

(a) to assess an application by the Customer; and/or

 

(b) to notify other credit providers of a default by the Customer; and/or

 

(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is 

 

in default with other credit providers; and/or

 

(d) to assess the creditworthiness of the Customer.

 

The Customer understands that the information exchanged can include anything about the Customer’s 

 

creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange 

 

under the Privacy Act 1988.

 

15.3 The Customer consents to Douggies being given a consumer credit report to collect overdue payment on 

 

commercial credit (Section 18K(1)(h) Privacy Act 1988).

 

15.4 The Customer agrees that personal credit information provided may be used and retained by Douggies for the 

 

following purposes (and for other purposes as shall be agreed between the Customer and Douggies or required by 

 

law from time to time):

 

(a) the provision of Goods; and/or

 

(b) the marketing of Goods by Douggies, its agents or distributors; and/or

 

(c) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of 

 

Goods; and/or

 

(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; 

 

(e) enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the 

 

Customer’s account in relation to the Goods.

 

15.5 Douggies may give information about the Customer to a credit reporting agency for the following purposes: 

 

Douggies Office Equipment Warehouse – Terms & Conditions of Trade

 

(a) to obtain a consumer credit report about the Customer;

 

(b) allow the credit reporting agency to create or maintain a credit information file containing information about the 

 

15.6 The information given to the credit reporting agency may include:

 

(a) personal particulars (the Customer’s name, sex, address, previous  addresses, date of birth, name of employer 

 

and driver’s licence number);

 

(b) details concerning the Customer’s application for credit or commercial credit and the amount requested;

 

(c) advice that Douggies is a current credit provider to the Customer; 

 

(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by 

 

more than sixty (60) days, and for which debt collection action has been started; 

 

(e) that the Customer’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue 

 

in respect of any default that has been listed;

 

(f) information that, in the opinion of Douggies, the Customer has committed a serious credit infringement (that is, 

 

fraudulently or shown an intention not to comply with the Customer’s credit obligations);

 

(g) advice that cheques drawn by the Customer for one hundred dollars ($100) or more, have been dishonoured 

 

more than once;

 

(h) that credit provided to the Customer by Douggies has been paid or otherwise discharged.

 

16. Unpaid Douggies’ Rights

 

16.1 Where the Customer has left any item with Douggies for repair, modification, exchange or for Douggies to perform 

 

any other service in relation to the item and Douggies has not received or been tendered the whole of any moneys 

 

owing to it by the Customer, Douggies shall have, until all moneys owing to Douggies are paid:

 

(a) a lien on the item; and

 

(b) the right to retain or sell the item, such sale to be undertaken in accordance with the Disposal of Uncollected 

 

Goods Act 1968.

 

16.2 The lien of Douggies shall continue despite the commencement of proceedings, or judgment for any moneys owing 

 

to Douggies having been obtained against the Customer.

 

17.1 The failure by Douggies to enforce any provision of these terms and conditions shall not be treated as a waiver of 

 

that provision, nor shall it affect Douggies’ right to subsequently enforce that provision. If any provision of these 

 

terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability 

 

of the remaining provisions shall not be affected, prejudiced or impaired.

 

17.2 These terms and conditions and any contract to which they apply shall be governed by the laws of the state in 

 

which Douggies has its principal place of business, and are subject to the jurisdiction of the courts in that state.  

 

17.3 Subject to clause 11 Douggies shall be under no liability whatsoever to the Customer for any indirect and/or 

 

consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by 

 

Douggies of these terms and conditions (alternatively Douggies’ liability shall be limited to damages which under no 

 

circumstances shall exceed the Price of the Goods).

 

17.4 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be 

 

owed to the Customer by Douggies nor to withhold payment of any invoice because part of that invoice is in 

 

17.5 Douggies may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

 

17.6 The Customer agrees that Douggies may amend these terms and conditions at any time. If Douggies makes a 

 

change to these terms and conditions, then that change will take effect from the date on which Douggies notifies 

 

the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes 

 

a further request for Douggies to provide Goods to the Customer. 

 

17.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, 

 

fire, flood, storm or other event beyond the reasonable control of either party.

 

17.8 The Customer warrants that it has the power to, and is of a legal age (i.e at least eighteen (18) years of age) to 

 

enter into this agreement, has obtained all necessary authorisations to allow it to do so, it is not insolvent and that 

 

this agreement creates binding and valid legal obligations on it.

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