PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
1.1 In these Conditions any reference to “we”, “our”, “ourselves”, “PT” and “us” is a reference to PT and any reference to “you”, “your” and “yourself” is a reference to the Customer whether a company or individual “Website” refers to www.powertec.com.au ”Conditions” means the standard terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between you and us ”Customer Contract” means the contract between you and us for the sale and purchase of the Services, incorporating these Conditions ”Order” means any order made by you for goods or services supplied by us.
2. Applicability of Conditions
2.1 These Conditions shall govern the Customer Contract to the exclusion of any terms or conditions which the customer purport to apply under any purchase order, confirmation of order, specification or other document and you waive any right which might have to rely on such terms or conditions.
2.2 No variation to these Conditions or any representation about the Services shall have effect unless expressly agreed in writing and signed by us.
2.3 Each Order by The Customer for Services shall be deemed to be an offer by The Customer to purchase Services subject to these Conditions.
2.4 No Order placed by The Customer shall be deemed to be accepted by us until PT agree to provide or actually provide The Customer with the Services.
2.5 Completing this form does not approve as a dealer. PT reserves the right to refuse approval of any dealer application.
3.1 The Customer Contract shall come into effect upon acceptance by checking the box adjacent to “I agree the terms & conditions” on the website or upon receipt of a signed order.
3.2 The term of the contract for The Customer shall be continual for a period of 12 months from The Customers last purchase.
3.3 The Customer Contract will lapse after a period of 12 months of inactivity of orders on the account. The Customer will then have to reapply for a dealer account.
3.4 The term of contract for The Customer shall be indefinite or until either party terminates this agreement in accordance with these terms and conditions.
4. The Customer Warrant That
4.1 The Customer agrees to provide true and accurate personal and/or company details including but not limited to contact details.
4.2 The Customer warrants that information The Customer provides about the company offered is true and accurate.
4.3 If any information provided in the application is found to be false, fraudulent or deliberately misleading PT reserve the right to rescind the contract without notice or refund.
4.4 The Customer warrants that the business is trading legally and that The Customer have the appropriate rights and authority to act on behalf of the business.
4.5 The Customer warrants that the business carries its own Insurance Cover which should be appropriate for the work carried out by The Customer. If The Customer are unsure please consult The Customers insurance broker. Remaining on PT reseller program is reliant on continued maintenance of appropriate Insurance Cover being public liability, professional indemnity, property and WorkCover.
4.6 The Customer warrants that The Customer will uphold any reseller agreements made and will not bring the PT into disrepute.
4.7 If it is reported that the customer has failed to uphold the agreement, PT may contact The Customer to investigate such a claim and reserve the right to rescind the contract.
4.8 The Customer agrees to pay all invoices on time in accordance with these terms and conditions and acknowledge that failure to do so may result in The Customers account being put on stop credit and orders not being shipped without notice until payment is received in full.
4.9 The Customer acknowledge that the successful dealer approval does not constitute PT recommendation or endorsement of The Customers’ company or products.
4.10 By selling PT products The Customer undertakes to follow specific marketing guidelines which include not making reference to the carrier logos and others without their express approval. For clarity, all The Customer’s references should be to the product name.
4.11 Any lead provided to The Customer by PT will be offered PT products as the primary product, failing to do so will result in the contract being rescinded.
5. Intellectual Property Rights
5.1 The Customer acknowledges that PT are the owner of all intellectual property on distributed material including websites, brochures, newsletters and other marketing material and own or license all its content.
5.2 The Customer acknowledges that the website and its content is protected by international copyright and intellectual property laws.
5.3 The Customer agrees not to replicate, reproduce, distribute, sell or use the content of this site for any other commercial purpose outside the parameters of these terms and conditions unless expressly agreed by us in writing.
6.1 Whilst PT endeavours to ensure that the content of this site is genuine and accurate PT shall not be liable for any inaccuracies or misrepresentations whether made by us or a third party.
6.2 PT shall not be liable in any way for any consequential loss as a result of the website being unavailable or malfunctioning.
6.3 PT shall not be liable in any way in the event that any data PT hold becomes corrupt, lost or stolen.
6.4 The Customer acknowledges and agrees that any agreements made between The Reseller and The Customer are excluded from these terms and conditions and PT shall not be liable for any loss of any kind resulting from such agreements.
6.5 PT shall not be liable for any consequential loss resulting from a third-party product or service sold directly or indirectly through our website.
6.6 PT shall not be liable for any failure to deliver on time any goods or services supplied by a third party.
6.7 PT shall not be liable whatsoever for the actions of Contractors, Sub-contractors and approved or recommended Installers under any circumstances.
7.1 The Customer may at any time during the term of this contract cancel The Customers account at by sending us a written request by email, post or fax.
7.2 Should The Customer choose to cancel The Customers’ account for any reason no refund shall be payable.
7.3 PT reserves the right to rescind the contract without notice or refund in the event that The Customer breach any of the particulars that form these terms and conditions.
8. Force Majeure
8.1 In the event of PT being delayed in, or prevented from, performing our obligations under the Customer Contract due to circumstances beyond our reasonable control including without limitation acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), power outages, failures in telecommunications links or equipment PT shall not be liable for any loss, damage or expenses incurred by The Customer.
9.1 PT will deliver Goods purchased by The Customer to The Customers nominated location which The Customer predominantly carries on business, or to such other place as The Customer specifies and PT agrees. PT reserves the right to make deliveries of any order by instalments in which case each instalment will be deemed to be the subject of a separate contract governed by these Conditions for which The Customer must separately pay. PT will not be liable in any way for any failure or delay in delivery or for any loss or damage resulting directly or indirectly from any failure or delay in delivery of the Goods irrespective of whether such failure or delay is negligent or within our control or otherwise.
If, due to any act, matter or thing beyond our control, the address for delivery is unattended, delivery cannot otherwise be effected or the Goods cannot be dispatched, PT may organise the storage the Goods at The Customers risk and expense or take such other steps as it considers appropriate.
10.1 To the fullest extent permitted by law, The Customer have five (5) business days from the delivery of Goods to accept or reject the Goods in writing and if The Customer fails to notify PT within that period, The Customer is deemed to have accepted such Goods.
11. Return of Goods
11.1 To the fullest extent permitted by law, no Goods will be returned unless:
a) prior authorisation has been given by PT by way of Return Authority;
b) the correct invoice number is quoted on The Customers return docket;
c) the returns are made within five (5) business days after delivery; and
d) the reason for return is clearly stated on The Customers return docket.
11.2 PT and The Customer acknowledge that The customer holds the Goods as from the date of delivery as agent for PT for the purpose of sale of the Goods in the ordinary course of The Customers business. The Customer will not be entitled to return the Goods to PT except as stated above or with the written consent of PT, at the discretion of PT. Without limiting the generality of the foregoing, PT and The Customer agree that, to the fullest extent permitted by law, The Customer will not be entitled in any circumstances to return Goods which PT have acquired specifically for and at the request of The Customer unless defective.
12.1 Risk in the Goods passes to The Customer on delivery of the Goods or on dispatch of the relevant invoice whichever is the earlier and from that time The Customer assume all risk of loss and damage to the Goods including without limitation all loss or damage in the course of unloading the Goods following delivery.
13. Title to Goods
13.1 Notwithstanding any other provisions in these Conditions and notwithstanding that The Customer has possession of the Goods, title to any and all Goods supplied by PT will remain with PT and no legal or equitable interest or property in the Goods whatsoever will pass to The Customer until The Customer has paid the full invoice price for all Goods supplied by PT under all invoices.
13.2 Until title passes The Customer must:
(a) refrain from encumbering the Goods;
(b) store, mark and keep appropriate records for the Goods so that they can at all times be identified and distinguished as the property of PT and in particular must refrain from mixing the Goods with any Goods owned by The Customer or any other person;
(c) allow PT full and free access to The Customers’ premises where the Goods are located to retake possession of such Goods if The Customer is in any way in breach of these Conditions;
(d) not dispose of the Goods unless all of the following conditions are satisfied:
(i) the Goods are disposed to a bona fide sub-purchaser in the ordinary course of The Customers business;
(ii) no event as specified in clause 15(a), (b) or (c) has occurred in respect of The Customer; and
14. Warranty and Liability
14.1 Subject to any condition, warranty or right implied or imposed by the Competition and Consumer Act 2010 (Cth) (ACCC) or any other law which cannot by law be excluded by agreement, or any express provision in these Conditions, PT give no warranties regarding any Goods supplied and all other implied or imposed conditions, warranties and rights are excluded. Where any condition, warranty or right is implied or imposed by law and cannot be excluded, PT limits its liability for breach of that implied or imposed condition, warranty or right to the fullest extent permitted by law.
14.2 Subject to the qualifications in section 64A of Schedule 2 of the ACCC or any other law, opt liability for any breach of any implied or imposed condition, warranty or right in connection with the supply of Goods is limited to one or more of the following (at the election of PT):
(i) replacement of the Goods or supply of goods equivalent to the Goods;
(ii) repair of the Goods;
(iii) payment of the cost of replacing the Goods or acquiring goods equivalent to the Goods;
(iv) payment of the cost of having the Goods repaired.
(c) Subject to clauses 14(a) and (b) and despite any implication arising from any other provisions of these Conditions:
(i) to the fullest extent permitted by law, PT will only be liable for a safety defect (as defined in the ACCC) in any Good if The Customer notify PT in writing of the safety defect (as defined in the ACCC) in any such Good within five (5) business days after the date of receipt and PT accept such liability;
(ii) PT is not liable to The Customer, its servants, agents or contractors, in contract, in tort (including negligence), under any statute (to the fullest extent permitted by law) or otherwise for, or in respect of, any indirect or consequential loss or damage including without limitation financial loss or expense including loss of opportunity, loss of profits or loss of goodwill suffered by The Customer or any other person arising directly or indirectly out of or in any way attributable to the Goods, or their delivery, or the performance of the Contract for the sale of the Goods upon these Conditions even if that loss or damage was in the contemplation of the parties at the time of entry into the Contract; and
(iii) the aggregate liability of PT in contract, in tort (including negligence), under statute (to the fullest extent permitted by law) or otherwise for, or in respect of, any loss or damage arising directly or indirectly out of or in any way attributable to the Goods, or their delivery, or the performance of the Contract will not exceed 10% of the amount payable to PT under the Contract.
(d) Where PT elect to replace the Goods, PT will credit the cost of the Goods being replaced and will replace them as soon as possible with other Goods of the same or equivalent kind at the price charged for the original Goods and otherwise upon the same terms and conditions as those to which the original Goods were subject.
15.1 The Customer Contract represents the entire agreement between The Customer and PT and supersedes all earlier warranties, representations, statements or agreements (whether oral or in writing) and may only be varied or amended in writing between the parties.
15.2 The Customer may not assign the Customer Contract or any part of it without our prior written consent. PT shall be entitled to assign the Customer Contract or any part of it and/or sub-contract the performance of any of our obligations under the Customer Contract to any person, firm or company.
15.3 Nothing in these Conditions confers on any third party any benefit or any right to enforce any of these Conditions.
15.4 If any provision of the Customer Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Customer Contract and the remainder of such provision shall continue in full force and effect.
15.5 Failure or delay by PT in enforcing or partially enforcing any provision of the Customer Contract will not be construed as a waiver of any of our rights under the Customer Contract and will not be deemed a waiver of any subsequent breach or default by The Customer.
15.6 The formation, existence, construction, performance, validity and all aspects of the Customer Contract shall be governed by English Law of Queensland Australia and the parties submit to the non-exclusive jurisdiction of the Queensland courts. In executing these Terms & Conditions I understand that I am agreeing to be invoiced the cost of the service and am also agreeing to be bound by the above Terms and Conditions.