Terms & Conditions
Terms and Conditions of Contract and Trade for the Sale of Goods and/or Services
1.1 Met West Communications Means N.J. & P.R. Leggett T/A Met West Communications
ABN: 33 062 363 202
1.2 Client means the person or entity purchasing goods and/or services from Met West Communications.
2. Application of provisions
2.1 These conditions supersede all previously agreed terms for the supply of goods by Met West Communications and may only be altered by written agreement signed by both Met West Communications and the Client.
2.2 The placing of an order for goods and/or services, after these conditions have been made available to the Client, will constitute acceptance by the Client of these terms and conditions as the terms and conditions upon which goods and/or services are rendered to the Client.
3.1 It is the Client’s responsibility to ensure that the items and/or services supplied conform to the Client’s Purchase Order requirements.
3.2 Met West Communications reserves the right to accept any order for the supply of goods and/or services in whole or in part or to decline any order in whole or in part.
3.3 On the issuance of a Purchase Order by the Client to Met West Communications, the Purchase Order shall be non cancellable accept with the written agreement of Met West Communications. Met West Communications reserve the right to impose on the Client a cancelation fee of not more than ten percent (10%) of the total value (Inclusive of all Government fees, charges and taxes) of the cancelled Purchase Order.
Prices as stated in Met West Communications Quote remain in effect for the period stipulated in the quote. The monetary denomination shall be Australian Dollars unless otherwise stipulated at time of Quotation and agreed by both the Client and Met West Communications in writing. Any and all currency exchange risk will be at the Client’s care. Met West Communications shall be held blameless for any and all looses incurred by the client for currency exchange risk.
4.1 The Client must pay the price for the goods (including any GST) quoted by Met West Communications, where no price is quoted, the current list price (including any GST) charged by Met West Communications at that time shall prevail.
4.2 Estimated prices are subject to change. A Purchase Order from a client will not be accepted arising from an estimate. The Client’s Purchase Order must match an Met West Communications Quote and/or price published on the current Met West Communications price list.
4.3 Met West Communications may increase the price to cover any special instruction from the Client.
The price for the goods and/or services shall be set forth in the Tax invoice provided by Met West Communications to the Client,
In addition to any and all net prices shown within Met West Communications’ Tax Invoice the Client agrees to pay:
(a) any and all Goods and Services Tax (GST) at the appropriate rate at the time of the issuance of Met West Communications’ Tax Invoice
(b) in the event of changes to the current government taxes, levies and charges that the Client is liable to pay to Met West Communications, the Client agrees to pay to Met West Communications such new or increased taxes, levies and charges that are imposed by the Commonwealth Government of Australia and/or any State or Territory Government within the Commonwealth of Australia, even when such increased charges are implemented after the issuance of Met West Communications’ Tax Invoice and are retrospective
(c) a freight and handling charge; determined as:- the amount as stated in the prevailing price list or quote supplied by Met West Communications to the Client, or as agreed in writing between Met West Communications and the Client, otherwise a default charge equivalent to ten per cent (10%) of the gross value of Met West Communications’ Tax Invoice may be charged per shipment to the Client
(d) interest accruing on a daily basis on the unpaid balance of the price or any amount payable from the due date for payment until actually received, at the rate of One (1.0 %) per cent per month.
6.1 Met West Communications shall provide the number and type of items (“goods and/or services”) as described in the “tax invoice” issued by Met West Communications to the Client in accordance with these terms and conditions.
6.2 Any agreement or undertaking by Met West Communications to supply goods and/or services is contingent upon its ability to secure and supply of the goods and/or services required.
7.1 The Client acknowledges that Met West Communications makes the goods and/or services available at Met West Communications’ warehouse. Unless otherwise directed by the Client, Met West Communications will arrange, where practical, for transportation of the goods from Met West Communications’ warehouse to the place requested on the Client’s Purchase Order. Transport is generally limited to the state & territories of Australia. The cost of transportation of the goods will be charged back to the Client (see 5 (c)) above.
7.2 Delivery may be made in one or more lots. Each lot forms a separate contract on delivery and must be accepted and paid for accordingly not withstanding late delivery or non-delivery of any other lot. Upon failure by the Client to pay any amount when due, Met West Communications may at its option terminate the contract as to further delivery and no forbearance or course of dealing shall affect this right of Met West Communications. Where delivery is made by Met West Communications in respect of part only of any order then these terms and conditions shall apply to the Goods actually delivered.
7.3 The Client accepts full risk of loss or damage to the goods on and from time of delivery to the address specified in the client’s order.
7.4 Any time or date or month stated by Met West Communications for anticipated or promised delivery of the goods and /or services is a bona fide estimate only. If Met West Communications is delayed by any circumstances or event beyond its control then it may suspend delivery or extend the delivery time in respect of the whole or part of the goods and it shall not be liable to the Client for any consequential loss or damage arising from any such delay.
7.5 The Client cannot refuse to accept the goods and/or services delivered by Met West Communications unless the goods and/or services are not of the number and/or type of items or services ordered by the Client.
7.6 The Client must advise Met West Communications immediately upon receipt of goods of damage and/or discrepancies, claims will not be recognized after three (3) days from date of delivery.
8. Force Majeure
Neither party shall be held responsible for any delay or failure in performance of any part of any transaction between Met West Communications and the Client to the extent such delay or failure is caused by events beyond such party’s reasonable control, including, but not limited to such as fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, terrorism, insurrection, sabotage, epidemic, quarantine restriction, labour dispute/labour shortage, inability to secure materials, transportation embargo or failure or delay in transport, act or omission (including laws, regulations, disapprovals or failures to approve) of any third person (including but not limited to, subcontractors, customers, government or government agencies). Each party will endeavour to give the other party reasonable notice of delay.
9.1 The return of any goods must be in accord with the returns policy and procedures of Met West Communications. Prior to returning goods, the Client must notify Met West Communications and obtain a Return Authorization Number ( R.A.N.).
9.2 The goods must be returned within 3 days of Met West Communications issuing a Return Authorisation Number. This number must be quoted clearly with the goods and on all future correspondence and communications in relation to the returned goods.
9.3 Goods returned must be in as new condition, complete with all original packaging and accessories and be accompanied by an itemized credit request stating fully the reason for the return of the goods and the Tax Invoice number under which the goods were supplied.
9.3 Transport of goods returned shall be at the cost of the Client.
9.4 Goods returned for credit will attract a restocking fee.
10.1 Payment terms shall be as stipulated at time of offer and or purchase.
10.2 The Client must pay the full invoice amount within the terms offered above and stated on Met West Communications’ Tax Invoice.
10.3 Should payment not be received within these terms Met West Communications may without further notice:
(i) withdraw any credit facilities which have been made available to the Client and/or
(ii) charge the Client interest of the overdue amount (see 5. (d) above).
10.4 Payment of account by credit card will attract a surcharge, currently :
(i) 1.0 % for Visa and MasterCard
(ii) 2.5 % for American Express
11. Title & Custody
11.1 Property in the goods does not pass to the Client until such time as payment in full for the goods has been made and no other money is owing by the Client to Met West Communications on any account whatever and whether or not such other money has become due for payment.
11.2 Until such time as payment has been made in full by the Client or the Client disposes of the goods in the ordinary course of business, the Client shall possess all goods supplied on a fiduciary basis only and shall keep the goods separate from other goods in the possession of the Client and store them so that they are identified as belonging to Met West Communications.
11.3 The Client has the right to dispose of the goods and in the ordinary course of business pass good title in the goods to its purchasers being bona fide purchasers for value without notice of the rights of Met West Communications.
11.4 The Client will receive all proceeds of any sub-sale of goods in which title remains with Met West Communications as trustee for Met West Communications. The Client shall, upon request from Met West Communications, account to Met West Communications in respect of any proceeds received by the Client and concur in directing any purchase from the Client to pay proceeds to Met West Communications.
11.5 Whilst ever title in the goods has not passed to the Client, Met West Communications may at any time recover the goods if they are in possession of the Client, and then resell then, and for the purpose of recovering them Met West Communications and its employees or agents may HGH enter upon the premises on which the goods are located.
11.6 Should Met West Communications or Employees or agents enter upon premises on which goods are located as provided in condition 11.5 and if any person should bring any legal action against Met West Communications relating to such entry, the Client shall indemnify Met West Communications and keep it indemnified against all damages, costs or expenses which Met West Communications may incur directly or indirectly as a result of such action.
12.1 Variations to these terms & conditions must be recorded in writing.
12.2 Prices, surcharges and rates of interest are subject to change without notice.
12.3 Notwithstanding any other term or condition all risk in the goods passes to the Client upon delivery.
Subject to condition 22 Met West Communications shall not be liable to the Client for any direct, indirect, incidental or consequential loss or damage of any nature howsoever caused (whether based on tort or contract or otherwise) including but not limited to loss of profits, loss of production, loss of sales opportunity or business reputation or any other claim whatsoever. The liability of Met West Communications for a breach of a condition or warranty which is not excluded by those terms and conditions is limited to the replacement of the goods or the supply of equivalent goods or the repair of the goods.
14.1 Subject to Condition 21 hereof the only warranties in respect of the goods shall be those expressly stated by Met West Communications.
14.2 The Client, its employees or agents shall not make any statement, representation, undertaking or warranty concerning the quality or description of the goods other than those either contained in literature published and/or supplied by Met West Communications or implied by law.
14.3 If the goods are not returned within 3 days of delivery then the Client is deemed to have accepted the goods. Acceptance of any of the goods by the Client shall imply a condition that the Client indemnifies Met West Communications and will keep it indemnified against loss, claim or damage suffered by reason or arising out of;
(i) any statement, representation, undertaking or warranty made by or on behalf of the Client which is not expressly authorised by Met West Communications,
(ii) any loss or damage caused to the goods after risk therein has passed to the Client.
15. Change of Circumstances
The client will notify Met West Communications of all material changes, in name and/or financial status, which may result in the need for Met West Communications to amend the trading terms to the Client.
If the Clients are a Trustee, the Directors warrant that they have the authority and power to enter into transactions on behalf of the Trust and personally guarantee the performance of all of the trust’s obligations.
17. Client’s instructions
The Client acknowledges that Met West Communications is entitled to presume that any person forwarding instructions from the Client’s office and/or place of business purporting to have the authority to bind the Client to a contract for the supply and delivery of goods and/or services from Met West Communications has the authority they claim.
18. Transfer of responsibility
These Terms and Conditions of Sale of Goods and/or Services shall be binding upon the Client its successors, executors, receiver managers/administrators and permitted assigns and shall inure to the benefit of Met West Communications its successors and assigns
19. Default of Payment
19.1 Should there be any default in our payment terms, all monies owing by the Client to Met West Communications shall become
immediately due and payable and a Credit Bureau Default may be lodged without further notice.
19.2 Met West Communications reserves the right to charge interest at ruling (New South Wales) court rates calculated daily from the date of invoice on all overdue accounts exceeding 60 days after the date of invoice. Where GST is payable on any invoice, 2% per month is payable on the GST portion unpaid after the due date for payment. For the purpose of calculating the penalty interest for non- payment of GST the due date for payment shall be deemed to be seven (7) days from the date of invoice.
19.3 Met West Communications reserves the right to recover from the Client all expenses, costs and/or disbursements incurred in recovering any outstanding monies including all search fees debt collection fees, solicitors fees and all legal costs.
20. Withholding of services
Met West Communications reserves the right to withhold the supply of goods, services and ongoing support at any time without notice to the Client.
21. This agreement shall be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales and the parties agree to submit to the jurisdiction of the Courts of the State of New South Wales.
22. Nothing herein will exclude, restrict or modify any condition, warranty, right or liability expressed or implied either by the Trade Practices Act or by any other Australian or State legislation relating to the sale of goods or consumer affairs where to do so would render any part of these conditions void or of no effect. Subject to this clause, these terms and conditions constitute the whole contract between Met West Communications and the Client and supersede all previous communications either oral or written. No term or condition contained in the Tax Invoice shall add to, amend or delete these terms and conditions or any of them unless expressly agreed in writing by Met West Communications.
23. Met West Communications Pty Ltd acknowledges the client’s statutory rights to privacy. Subject to the limitations imposed by legislation, Met West Communications Pty Ltd may seek from or disclose to credit reporting agencies or other credit providers information in respect of the commercial consumer activity of the client; and may, unless otherwise directed by the client, and in association with other parties or otherwise, use information in respect of the client for the purpose of marketing or promotional activity.
End of Terms Document
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