Weld Master Mobile Welding – Terms & Conditions of Trade

  1. Definitions

1.1 “WMMW” means Zafar Iqbal trading as Weld Master Mobile Welding, ABN 366 359 506 11, its successors and assigns or any person acting on behalf of and with the authority of Zafar Iqbal trading as Weld Master Mobile Welding, ABN 366 359 506 11

1.2 “Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting WELD MASTER MOBILE WELDING to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:

(a) if there is more than one Client, is a reference to each Client jointly and severally; and

(b) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and

(c) includes the Client’s executors, administrators, successors and permitted assigns.

1.3 “Goods or Services” means all Goods or Services supplied by WELD MASTER MOBILE WELDING to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods or Services’ shall be interchangeable for the other).

1.4 “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.

1.5 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when ordering from the website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to ordering Goods or Services or Services via the website.

1.6 “Price” means the Price payable (plus any GST where applicable) for the Goods or Services or Services or Services as agreed between WELD MASTER MOBILE WELDING and the Client in accordance with clause 5 below.

1.7 “GST” means Goods or Services or Services and Services Tax (GST) as defined within the “A New Tax System (Goods or Services or Services and Services Tax) Act 1999” (Cth).

1.8 Personnel means:

(a) in relation to WELD MASTER MOBILE WELDING, any of its employees, Sub-contractors (including Sub-contractors’ Personnel), agents and representatives involved either directory or indirectly in the performance of the Services; and
(b) in relation to the Client, any of its past or present officers, employees, agents (including for the purposes of Clause 1, the entity entering into the Contract for and on behalf of joint venturers (if applicable) and that entity’s past or present officers, employees, agents or representatives) or representatives.

1.9 Site means the Client’s premises or any other place owned or controlled by a member of the Client and designated in the Contract for the performance of the Services.
2.0 Sub-contractor means any person engaged by WELD MASTER MOBILE WELDING to perform all or any portion of the Services under the Contract on behalf of the Contractor and, where context requires, includes also the Sub-contractor’s employees, agents, consultants and invitees.

2.1 Quote means the page(s) headed “Quotation Form” or “Quote” or similar which contains the details relevant to the Contract and the Services to be provided by the WMMW to the Client, and includes all other documents which are either attached to the Quote or incorporated by reference (other than these General Conditions).

  1. Acceptance

2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Goods or Services.

2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.

2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.

2.4 The Client acknowledges that the supply of Goods or Services on credit shall not take effect until the Client has completed a credit application with WMMW and it has been approved with a credit limit established for the account.

2.5 In the event that the supply of Goods or Services request exceeds the Clients credit limit and/or the account exceeds the payment terms, WMMW reserves the right to refuse delivery of Goods or Services.

2.6 Goods or Services are supplied by WELD MASTER MOBILE WELDING only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Client’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.

2.7 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions (Victoria) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.

  1. Errors and Omissions

3.1 The Client acknowledges and accepts that WELD MASTER MOBILE WELDING shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):

(a) resulting from an inadvertent mistake made by WELD MASTER MOBILE WELDING in the formation and/or administration of this contract; and/or

(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by WELD MASTER MOBILE WELDING in respect of the Services it provides.

3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or willful misconduct of WMMW; the Client shall not be entitled to treat this contract as repudiated nor render it invalid.

  1. Change in Control

4.1 The Client shall give WELD MASTER MOBILE WELDING not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited

to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by WELD MASTER MOBILE WELDING as a result of the Client’s failure to comply with this clause.

  1. Price and Payment

5.1 At WMMW’s sole discretion the Price shall be either:

(a) as indicated on any invoice provided by WELD MASTER MOBILE WELDING to the Client;

or

(b) WMMW’s quoted price, whether written or verbal, (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

5.2 WELD MASTER MOBILE WELDING reserves the right to change the Price if a variation to WMMW’s quotation is required. Any variation from the plan of scheduled Goods or Services or specifications (including, but not limited to, any variation as a result of additional Goods or Services required due to unforeseen circumstances such as availability of  materials, change of design or scope, fluctuations in metal prices, state of item to be modified, degree of complexity of the work, obscured defects found on closer inspection, or as a result of any increase to WELD MASTER MOBILE WELDING in the cost of materials and labour) will be charged for on the basis of WMMW’s quotation and will be shown  on WMMW ’s quotation or invoice. The Client shall be required to respond to any variation by WMMW within five (5) working days. Failure to do so will entitle WMMW to add the cost of the variation to the Price.  Payment for all variations must be made in full at the time of their completion.

5.3 At WMMW’s sole discretion a non-refundable deposit may be required prior to works commencing.

5.4 Time for payment for the Goods or Services being of the essence, the Price will be payable by the Client on the date/s determined by WMMW, which

may be:

(a) on delivery of the Goods or Services;

(b) on completion of the supply of Goods or Services;

(c) by way of instalments/progress payments in accordance with WMMW’s payment schedule;

(d) fourteen (14) days following the receipt of the invoice being emailed or posted to the Client’s address or address for service of notices;

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

(f) failing any notice to the contrary, the date which is thirty (30) days following the date of any invoice given to the Client by WMMW.

5.5 Payment may be made by cash, cheque, bank cheque, electronic/online banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and WMMW.

5.6 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by WMMW nor to withhold payment of any invoice because part of that invoice is in dispute.

5.7 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to WELD MASTER MOBILE WELDING an amount equal to any GST WELD MASTER MOBILE WELDING must pay for any supply by WELD MASTER MOBILE WELDING under this or any other agreement for the sale of the Goods or Services. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

  1. Delivery of Goods or Services

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

(a) the Client or the Client’s nominated carrier takes possession of the Goods or Services at WMMW’s address; or

(b) WELD MASTER MOBILE WELDING (or WMMW ’s nominated carrier) delivers the Goods or Services to the Client’s nominated address even if the Client is not present at the address where the Client acknowledges that this indicates an ‘Authority To Leave’ such Goods or Services.

6.2 At WMMW ’s sole discretion the cost of delivery is included in the Price.

6.3 WELD MASTER MOBILE WELDING may deliver the Goods or Services or Services in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

6.4 Any time specified by WELD MASTER MOBILE WELDING for delivery of the Goods or Services is an estimate only and WELD MASTER MOBILE WELDING will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Goods or Services to be delivered at the time and place as was arranged between both parties. In the event that WELD MASTER MOBILE WELDING is unable to supply the Goods or Services or Services as agreed solely due to any action or inaction of the Client, then WMMW shall be entitled to charge a reasonable fee for redelivery and/or storage.

  1. Risk

7.1 Risk of damage to or loss of the Goods or Services passes to the Client on Delivery and the Client must insure the Goods or Services on or before Delivery.

7.2 If any of the Goods or Services are damaged or destroyed following delivery but prior to ownership passing to the Client, WELD MASTER MOBILE WELDING is entitled to receive all insurance proceeds payable for the Goods or Services or Services. The production of these terms and conditions by WELD MASTER MOBILE WELDING is sufficient evidence of WMMW ’s rights to receive the insurance proceeds without the need for any person dealing with WELD MASTER MOBILE WELDING to make further enquiries.

7.3 If the Client requests WELD MASTER MOBILE WELDING to leave Goods or Services outside WMMW’s premises for collection or to deliver the Goods or Services to an unattended location then such Goods or Services or Services shall be left at the Client’s sole risk.

7.4 WELD MASTER MOBILE WELDING shall be entitled to rely on the accuracy of any plans, specifications, directions and/or other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, WELD MASTER MOBILE WELDING accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications, directions and/or other information.

7.5 Where the Client is to supply WELD MASTER MOBILE WELDING with any design specifications (including, but not limited to CAD drawings) the Client shall be responsible for providing accurate data. WELD MASTER MOBILE WELDING shall not be liable whatsoever for any errors in the Goods or Services that are caused by incorrect or inaccurate data being supplied by the Client.

7.6 The Client warrants that any structures to which the Goods or Services are to be affixed are able to withstand the installation of the Goods or Services and are of suitable capacity to handle the Goods or Services once installed.

7.7 The Client acknowledges that Goods or Services supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour over time. WELD MASTER MOBILE WELDING will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur.

7.8 The Client acknowledges that where an anodised surface finish has been selected, slight colour variation may occur between the main unit frame and any installation trims used due to the difference in aluminium or other alloys available and manufacturing standards and tolerances shall not be deemed to be a defect in the Goods or Services.

7.9 The Client acknowledges that Goods or Services or Services supplied may:

(a) fade or change colour over time; and

(b) expand, contract or distort as a result of exposure to heat, cold, weather; and

(c) mark or stain if exposed to certain substances or conditions; and

(d) be damaged or disfigured by impact, force, pressure, abrasion, chipping or scratching.

 

  1. Specifications

8.1 The Client acknowledges that all descriptive specifications, illustrations, drawings, data, dimensions, ratings and weights stated in WMMW’s or supplier’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Client shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the contract, unless expressly stated as such in writing by WMMW.

  1. Access

9.1 The Client shall ensure that WELD MASTER MOBILE WELDING has clear and free access to the work site at all times to enable them to deliver the Goods or Services. WMMW shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas and buildings, fittings  or structures) unless due to the specific negligence of WMMW.

9.2 It is the responsibility of the Client to ensure that access is suitable to accept the weight of laden cars, trucks or trailers. The Client agrees to indemnify WMMW against all costs incurred by WELD MASTER MOBILE WELDING in recovering such vehicles in the event they become bogged, damaged or otherwise immovable.

  1. Compliance with Laws

10.1 The Client and WELD MASTER MOBILE WELDING shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities and/or Australian Standards that may be applicable to the Services.

10.2 The Client shall obtain (at the expense of the Client) all licenses, approvals and certifications that may be required for the Goods or Services or upon completion of the Goods or Services.

10.3 The Client agrees that the site will comply with any work health and safety (WHS) laws relating to building/construction sites and any other relevant safety standards or legislation that may be deemed appropriate.

  1. Title

11.1 WELD MASTER MOBILE WELDING and the Client agree that ownership of the Goods or Services shall not pass until:

(a) the Client has paid WELD MASTER MOBILE WELDING all amounts owing to WMMW;

and

(b) the Client has met all of its other obligations to WMMW.

11.2 Receipt by WELD MASTER MOBILE WELDING 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.

11.3 It is further agreed that:

(a) until ownership of the Goods or Services passes to the Client in accordance with clause 11.1 that the Client is only a bailee of the Goods or Services or Services and must return the Goods or Services to WELD MASTER MOBILE WELDING on request.

(b) the Client holds the benefit of the Client’s insurance of the Goods or Services on trust for WELD MASTER MOBILE WELDING and must pay to WELD MASTER MOBILE WELDING the proceeds of any insurance in the event of the Goods or Services being lost, stolen, damaged or destroyed.

(c) the Client must not sell, dispose, or otherwise part with possession of the Goods or Services other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods or Services then the Client must hold the proceeds of any such act on trust for WELD MASTER MOBILE WELDING and must pay or deliver the proceeds to WELD MASTER MOBILE WELDING on demand.

(d) the Client should not convert or process the Goods or Services or intermix them with other Goods or Services but if the Client does so then the Client holds the resulting product on trust for the benefit of WMMW and must sell, dispose of or return the resulting product to WMMW as it so directs.

(e) the Client irrevocably authorises WELD MASTER MOBILE WELDING to enter any premises where WELD MASTER MOBILE WELDING believes the Goods or Services are kept and recover possession of the Goods or Services.

(f) WELD MASTER MOBILE WELDING may recover possession of any Goods or Services in transit whether or not delivery has occurred.

(g) the Client shall not charge or grant an encumbrance over the Goods or Services nor grant nor otherwise give away any interest in the Goods or Services while they remain the property of WMMW.

(h) WELD MASTER MOBILE WELDING may commence proceedings to recover the Price of the Goods or Services sold notwithstanding that ownership of the Goods or Services or Services has not passed to the Client.

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

12.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

12.2 Upon assenting to these terms and conditions in writing the Client 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 or Services and/or collateral (account) – being a monetary obligation of the Client to WELD MASTER MOBILE WELDING for Services – that have previously been supplied and that will be supplied in the future by WMMW  to the Client.

12.3 The Client 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 WELD MASTER MOBILE WELDING may reasonably require to;

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

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

(iii) correct a defect in a statement referred to in clause 12.3(a)(i) or 12.3(a)(ii);

(b) indemnify, and upon demand reimburse, WELD MASTER MOBILE WELDING 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 or Services or Services charged thereby;

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

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods or Services and/or collateral (account) in favour of a third party without the prior written consent of WMMW;

(e) immediately advise WELD MASTER MOBILE WELDING of any material change in its business practices of selling the Goods or Services or Services which would result in a change in the nature of proceeds derived from such sales.

12.4 WELD MASTER MOBILE WELDING and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

12.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

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

12.7 Unless otherwise agreed to in writing by WMMW FAB, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.

12.8 The Client must unconditionally ratify any actions taken by WMMW under clauses 12.3 to 12.5.

12.9 Subject to any express provisions to the contrary (including those contained in this clause 12) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

  1. Security and Charge

13.1 In consideration of WELD MASTER MOBILE WELDING agreeing to supply the Goods or Services, the Client 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 Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

13.2 The Client indemnifies WELD MASTER MOBILE WELDING from and against all WMMW’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising WMMW’s rights under this clause.

13.3 The Client irrevocably appoints WELD MASTER MOBILE WELDING and any director of WMMW as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 13 including, but not limited to, signing any document on the Client’s behalf.

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

14.1 The Client must inspect the Goods or Services on delivery (and/or on completion) and must within forty-eight (48) hours of delivery notify WELD MASTER MOBILE WELDING in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify of any other alleged defect in the Goods or Services as soon as reasonably possible after any such defect becomes evident. Photographic evidence (timed and date stamped) of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote must be provided along with any such notification in writing.  Upon such notification the Client must allow WELD MASTER MOBILE WELDING to inspect the Goods or Services at a time suitable to WMMW.  Photographic evidence provided by the Client must match that taken by WMMW at the time of inspection.

14.2 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).

14.3 WELD MASTER MOBILE WELDING acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

14.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, WELD MASTER MOBILE WELDING makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods or Services or Services. WMMW’s liability in respect of these warranties is limited to the fullest extent permitted by law.

14.5 If the Client is a consumer within the meaning of the CCA, WMMW’s liability is limited to the extent permitted by section 64A of Schedule 2.

14.6 If WELD MASTER MOBILE WELDING is required to replace the Goods or Services under this clause or the CCA, but is unable to do so, WELD MASTER MOBILE WELDING may refund any money the Client has paid for the Goods or Services.

14.7 If the Client is not a consumer within the meaning of the CCA, WMMW ‘s liability for any defect or damage in the Goods or Services or Services is:

(a) limited to the value of any express warranty or warranty card provided to the Client by WELD MASTER MOBILE WELDING at WMMW ’s sole discretion;

(b) limited to any warranty to which WELD MASTER MOBILE WELDING is entitled, if WMMW did not manufacture the Goods or Services;

(c) otherwise negated absolutely.

14.8 Subject to this clause 14, returns will only be accepted provided that:

(a) the Client has complied with the provisions of clause 14.1; and

(b) WELD MASTER MOBILE WELDING has agreed that the Goods or Services are defective; and

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

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

14.9 Notwithstanding clauses 14.1 to 14.8 but subject to the CCA, WMMW 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 Client failing to properly maintain or store any Goods or Services;

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

(c) the Client continuing the use of any Goods or Services after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d) the Client failing to follow any instructions or guidelines provided by WMMW;

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

14.10 In the case of second hand Goods or Services, unless the Client is a consumer under the CCA, the Client acknowledges that it has had full opportunity to inspect the second hand Goods or Services prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by WELD MASTER MOBILE WELDING as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded.

The Client acknowledges and agrees that WELD MASTER MOBILE WELDING has agreed to provide the Client with the second hand Goods or Services and calculated the Price of the second hand Goods or Services in reliance of this clause 14.10.

14.11 Notwithstanding anything contained in this clause if WELD MASTER MOBILE WELDING is required by a law to accept a return then WELD MASTER MOBILE WELDING will only accept a return on the conditions imposed by that law.

  1. Intellectual Property

15.1 Where WELD MASTER MOBILE WELDING has designed, drawn or developed Goods or Services for the Client, then the copyright in any designs and drawings and documents shall remain the property of WMMW. Under no circumstances may such designs, drawings and documents be used without the express written approval of WMMW.

15.2 The Client warrants that all designs, specifications or instructions given to WELD MASTER MOBILE WELDING will not cause WELD MASTER MOBILE WELDING to infringe any patent, registered design or trademark in the execution of the  client’s order and the Client agrees to indemnify WELD MASTER MOBILE WELDING against any action taken by a third party against WELD MASTER MOBILE WELDING in respect of any such infringement.

15.3 The Client agrees that WELD MASTER MOBILE WELDING may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods or Services which WELD MASTER MOBILE WELDING has created for the Client.

  1. Default and Consequences of Default

16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at WMMW’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

16.2 If the Client owes WELD MASTER MOBILE WELDING any money the Client shall indemnify WMMW from and against all costs and disbursements incurred by WMMW in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, WMMW’s contract default fee, and bank dishonour fees).

16.3 Further to any other rights or remedies WELD MASTER MOBILE WELDING may have under this contract, if a Client has made payment to WELD MASTER MOBILE WELDING by credit card, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by WELD MASTER MOBILE WELDING under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this agreement.

16.4 Without prejudice to WMMW’s other remedies at law WELD MASTER MOBILE WELDING shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to WELD MASTER MOBILE WELDING shall, whether or not due for payment, become immediately payable if:

(a) any money payable to WELD MASTER MOBILE WELDING becomes overdue, or in WMMW’s opinion the Client will be unable to make a payment when it falls due;

(b) the Client has exceeded any applicable credit limit provided by WMMW;

(c) the Client 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

(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

  1. Cancellation

17.1 Without prejudice to any other remedies WELD MASTER MOBILE WELDING may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions WELD MASTER MOBILE WELDING may suspend or terminate the supply of Goods or Services to the Client. WELD MASTER MOBILE WELDING will not be liable to the Client for any loss or damage the Client suffers because WMMW has exercised its rights under this clause.

17.2 WELD MASTER MOBILE WELDING may cancel any contract to which these terms and conditions apply or cancel delivery of Goods or Services at any time before the Goods or Services are delivered by giving written notice to the Client. On giving such notice WELD MASTER MOBILE WELDING shall repay to the Client any money paid by the Client for the Goods or Services. WELD MASTER MOBILE WELDING shall not be liable for any loss or damage whatsoever arising from such cancellation.

17.3 In the event that the Client cancels delivery of Goods or Services the Client shall be liable for any and all loss incurred (whether direct or indirect) by WELD MASTER MOBILE WELDING as a direct result of the cancellation (including, but not limited to, any loss of profits).

17.4 Cancellation of orders for Goods or Services made to the Client’s specifications, or for non-stock list items, will definitely not be accepted once production has commenced, or an order has been placed.

  1. Privacy Policy

18.1 All emails, documents, images or other recorded information held or used by WELD MASTER MOBILE WELDING is Personal Information, as defined and referred to in clause 18.3, and therefore considered Confidential Information. WMMW acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). WELD MASTER MOBILE WELDING acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Clients Personal Information, held by WELD MASTER MOBILE WELDING that may result in serious harm to the Client, WELD MASTER MOBILE WELDING will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.

18.2 Notwithstanding clause 18.1, privacy limitations will extend to WMMW in respect of Cookies where transactions for purchases/orders transpire directly from WMMW ‘s website. WELD MASTER MOBILE WELDING agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:

(a) IP address, browser, email client type and other similar details;

(b) tracking website usage and traffic; and

(c) reports are available to WELD MASTER MOBILE WELDING when WELD MASTER MOBILE WELDING sends an email to the Client, so WELD MASTER MOBILE WELDING may collect and review that information (“collectively Personal Information”) In order to enable / disable the collection of Personal Information by way of Cookies, the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable, provided on the website prior to proceeding with a purchase/order or browsing via WMMW’s website.

18.3 The Client agrees for WELD MASTER MOBILE WELDING to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Client in relation to credit provided by WMMW.

18.4 The Client agrees that WELD MASTER MOBILE WELDING may exchange information about the Client with those credit providers and with related body corporates for the following purposes:

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

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

(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or

(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.

18.5 The Client consents to WELD MASTER MOBILE WELDING being given a consumer credit report to collect overdue payment on commercial credit.

18.6 The Client agrees that personal credit information provided may be used and retained by WELD MASTER MOBILE WELDING for the following purposes (and for other agreed purposes or required by):

(a) the provision of Goods or Services; and/or

(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods or Services or Services; and/or

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

(d) enabling the collection of amounts outstanding in relation to the Goods or Services or Services.

18.7 WELD MASTER MOBILE WELDING may give information about the Client to a CRB for the following purposes:

(a) to obtain a consumer credit report;

(b) allow the CRB to create or maintain a credit information file about the Client including credit history.

18.8 The information given to the CRB may include:

(a) Personal Information as outlined in 18.3 above;

(b) name of the credit provider and that WELD MASTER MOBILE WELDING is a current credit provider to the Client;

(c) whether the credit provider is a licensee;

(d) type of consumer credit;

(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of

the credit account and the amount requested);

(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and WELD MASTER MOBILE WELDING has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);

(g) information that, in the opinion of WMMW FAB, the Client has committed a serious credit infringement;

(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

18.9 The Client shall have the right to request (by e-mail) from WMMW:

(a) a copy of the Personal Information about the Client retained by WELD MASTER MOBILE WELDING and the right to request that WELD MASTER MOBILE WELDING correct any incorrect Personal Information; and

(b) that WELD MASTER MOBILE WELDING does not disclose any Personal Information about the Client for the purpose of direct marketing.

18.10 WELD MASTER MOBILE WELDING will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.

18.11 The Client can make a privacy complaint by contacting WELD MASTER MOBILE WELDING via email. WELD MASTER MOBILE WELDING will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au

  1. Building and Construction Industry Payments Act 2004

19.1 At WMMW’s sole discretion, if there are any disputes or claims for unpaid Goods or Services then the provisions of the Building and Construction Industry Payments Act 2004 may apply.

19.2 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payment Act 2002 (Victoria), except to the extent permitted by the Act where applicable.

  1. Service of Notices

20.1 Any written notice given under this contract shall be deemed to have been given and received:

(a) by handing the notice to the other party, in person;

(b) by leaving it at the address of the other party as stated in this contract;

(c) by sending it by registered post to the address of the other party as stated in this contract;

(d) if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the transmission;

(e) if sent by email to the other party’s last known email address.

20.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

  1. Trusts

21.1 If the Client at any time upon or subsequent to entering in to the contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not WELD MASTER MOBILE WELDING may have notice of the Trust, the Client covenants with WELD MASTER MOBILE WELDING as follows:

(a) the contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;

(b) the Client has full and complete power and authority under the Trust to enter into the contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity.

(c) the Client will not without consent in writing of WELD MASTER MOBILE WELDING (WMMW will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events;

(i) the removal, replacement or retirement of the Client as trustee of the Trust;

(ii) any alteration to or variation of the terms of the Trust;

(iii) any advancement or distribution of capital of the Trust; or

(iv) any resettlement of the trust property.

  1. Indemnities

The Client must indemnify and keep indemnified WELD MASTER MOBILE WELDING and WMMW’s Personnel against all Liabilities arising out of or in connection with:

(a) an injury to or death of any person and damage to or destruction of any property (including property of the Client and the Client’s Personnel and the Contractor and the Contractor’s Personnel) to the extent and to the proportion such Liabilities are directly caused by the negligent or otherwise wrongful act or omission of the Client or the Client’s Personnel; and
(b) any breach by the Client or the Client’s Personnel of this Contract.

  1. General

22.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s 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.

22.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria in which WELD MASTER MOBILE WELDING has its principal place of business, and are subject to the jurisdiction of the courts of Victoria.

22.3 Subject to clause 14, WELD MASTER MOBILE WELDING shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by WELD MASTER MOBILE WELDING of these terms and conditions (alternatively WMMW ’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods or Services).

22.4 WELD MASTER MOBILE WELDING may licence and/or assign all or any part of its rights and/or obligations under this contract without the Client’s consent.

22.5 The Client cannot licence or assign without the written approval of WMMW.

22.6 WELD MASTER MOBILE WELDING may elect to subcontract out any part of the Goods or Services but shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of WMMW’s subcontractors without the authority of WMMW.

22.7 The Client agrees that WELD MASTER MOBILE WELDING may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for WMMW to provide Goods or Services to the Client.

22.8 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.

22.9 Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this contract creates binding and valid legal obligations on them.

******************** END OF TERMS AND CONDITIONS OF TRADE ********************

Scroll to Top
Scroll to Top