Terms of Sale

Definitions

“Offeror” or “Supplier” means HMC Group Solutions Pty Ltd (ABN 20 624 155 086) and its related bodies corporate (as that term is defined in the Corporations Act 2001) and includes their successors and assigns except where the context requires otherwise. The term “Offeror” will be superseded and replaced with “Supplier” upon acceptance of a quotation, proposal or service level agreement by the “Offeree”.

“Offeree” means a person or entity who has been supplied a quotation, proposal or service level agreement issued by the supplier. “Offeree” includes a person or entity that has not dealt with the Supplier previously.

“Customer” means a person or entity who has accepted a quotation, proposal or service level agreement issued by the supplier and is accepted by the supplier. “Customer” includes a person or entity that has not dealt with the Supplier previously. 

Our Guarantee to Clients

If for any reason, HMC Group Solutions cannot fulfil its quotation, proposal or service level agreement with a Customer, HMC Group Solutions must issue a full refund for any services not provided. The basis for determining “services not provided” is the initial scope of services as per quotation, proposal or service level agreement, less what has been completed. 

1. Application of Terms and Conditions:

1.1     The details provided under the heading Quotation identify the party purchasing and/or renting the goods and/or services listed (the Offeree). By signing this agreement or by supplying a Purchase Order which references this agreement, the Offeree agrees to the conditions of sale and/or rental herein.

1.2     Orders are accepted subject to the conditions of sale and/or rental as herein provided by HMC Group Solutions Pty Ltd. - A.B.N. 20 624 155 086 (the Offeror). Any variation of these conditions is inapplicable unless accepted in writing by the Offeror.

2. Law Applicable:

2.1     This agreement is governed in all respects by the laws of the state of New South Wales and the parties agree to submit to that jurisdiction in respect to the terms herein.

3. Pricing, Taxes and Duties:

3.1     Pricing is subject to the ongoing availability of the items quoted. In the event of the quoted goods being unavailable, the Offeror reserves the right to withdraw and/or reissue this quote accordingly.

3.2     Pricing is subject to AUD fluctuation against other currencies. In the event of an exchange rate movement, the Offeror reserves the right to withdraw and/or reissue this quote accordingly.

3.3     Pricing is subject to the quantities quoted, and the Offeror reserves the right to adjust the Unit Price accordingly if a change to quantity is requested by the Offeree.

3.4     All goods and services are quoted inclusive of GST (if applicable) and any other duties and taxes unless specifically listed.

3.5     Where applicable, all taxes and other duties payable upon the production and/or delivery of the goods shall be added to the price and shall be paid by the Offeree.

4. Delivery Commitments:

4.1     Delivery commitments are entered into in good faith but are not guaranteed, and the Supplier shall not be liable for any loss or damage occasioned by failure to deliver on the specified date howsoever caused. Nor shall failure be deemed to be a breach of the contract, or any of its conditions, or part thereof.

5. Defective Goods:

5.1     The Supplier reserves the right at its sole discretion to decide whether any goods are defective.

5.2     Defective goods will be replaced or rectified by the Supplier as originally ordered. If rectification or replacement is not practicable for goods listed as Sale items herein, the Supplier will credit the sale value of the goods at the invoice price provided.

6. Returns and refunds:

6.1     The Customer is required to gain prior authorisation from the Supplier before any goods may be returned.

6.2   The Customer is required to gain prior authorisation from the Supplier before a refund will be issued for any goods or services. 

6.3 Customers must give notice of cancellation of service (including enrolment in training) in writing. This may be via email or letter. HMC Group Solutions personnel who are approached with initial notice of cancellation are to ensure the Customer understands their rights with regards to the refunding of service fees (including tuition fees). The Customer is also to be advised of other options such as suspending the service (including enrolment in training) and re-commencing in another scheduled service (including a training program).

6.4 Customers who give written notice to cancel their service (including enrolment in training) and who are eligible for a refund are to be provided with a Refund Request Form. Customers who may not be eligible but are requesting a refund should also be provided with the Refund Request Form so the request can be properly considered by the Managing Director.

6.5 Customers who give notice to cancel their service (including enrolment in training) 10 business days or more prior to the commencement of the service, will be entitled to a full refund of fees paid. 

6.6 Customers who give notice to cancel their service (including enrolment in training) less than 10 business days but before commencement of service may recieve a full refund, this is at the discretion of the Managing Director

6.7 Customers who cancel their service (including enrolment in training) after the scheduled commencement of service will not be entitled to a refund of fees. An exception to this policy is where HMC Group Solutions fails to fulfil its service agreement and fees are refunded under our guarantee to clients.

6.8 Discretion may be exercised by the Managing Director in all situations, if the Customer can demonstrate that extenuating or significant personal circumstance led to their withdrawal. In these cases, the Customer should be offered a full credit toward the fee (including tuition fee) in another scheduled service in liue of a refund. Managing Director may also authorise a refund of fees (including tuition fees) if the circumstances require it.

6.9 Where refunds are approved, the refund payment must be paid to the Customer within 14 days from the time the Customer gave written notice to cancel their service (including enrolment in training). Refunds are to be paid via electronic funds transfer using the authorised bank account nominated by the Customer on the Refund Request Form.

6.10 Customers who are unhappy with HMC Group Solutions arrangements for the collection and refunding of fees (including tuition fees) are entitled to lodge a complaint. This should occur in accordance with the HMC Group Solutions complaints procedure.

7. Damage and/or Loss in Transit:

7.1   The Supplier does not accept any responsibility for shortages or for goods damaged in transit unless such shortage or damage on the delivery note if examined, or, if the goods have been signed for as not examined, notified within 48 hours and reported by separate notice in writing to the Supplier within 5 days of receipt of the goods by the Customer or the Customer’s agent.

8. Force Majeure:

8.1   The Supplier will endeavour to give delivery at the rate or within the time specified in the contract, notwithstanding anything to the contrary expressed or implied in this Contract. The Supplier shall not be liable for any loss or damage which may be sustained by the Customer through failure on the part of the Supplier to deliver at the rate or within the time specified in this Contract, for any loss or damage incurred by reason of act of God, war, riots, fires, strikes, lockouts, cessation of labour, trade disputes, breakdowns, accidents of any kind or any other cause whatsoever beyond the control of the Supplier whether similar to these aforesaid or not. The Supplier shall be entitled to recover all monies owing to them in respect of deliveries made or services performed prior to such failure. The time of any such suspension will be added to the time of original Contract (including without prejudice to the generality of the foregoing, any inability to obtain the necessary import or export licences or consents of any governmental or other authority).

9. Cancellation of Orders:

9.1   Cancellation of an order, in whole or part cannot be accepted without the Supplier’s consent in writing which shall only be given on a full indemnity provided by the Customer to the Supplier.

9.2   Cancellation of an order will only be entertained prior to delivery of the products/services.

9.3   In the event that the Customer cancels an order, the Customer agrees to pay a restocking fee of 25% of the value of the goods and/or services quoted plus any freight or other charges incurred by the Supplier up to that point.

10. Terms of Payment:

10.1  The terms of payment are strictly fourteen (14) days (or such other period as nominated by the debtor upon commencement of trade, which has been approved by HMC Group Solutions Managing Director) from the date of invoice, and payment is due and payable on that date. HMC Group Solutions (ABN 20 624 155 086) may, at any time, unilaterally vary the terms of trade in its absolute and unfettered discretion.

10.2   For goods and services quoted as Rental items herein, the Customer will be invoiced for each period in advance and payment is required in advance.

10.3  The Customer agrees to pay the full amount of such invoices, without dispute or set-off and regardless of any short-coming or delay in the services being provided by the Supplier.

10.4   Interest at 10.0% per month (or part of a month) will be payable by the Customer to the Supplier on any overdue payments plus an additional administration fee of $220.00 (inc GST) per month (or part of a month) on all overdue accounts.

10.6   If the Customer shall fail to make any payment when it becomes due or shall enter into composition or arrangement with its creditors, or if being an incorporated company it shall have a Receiver appointed or shall pass a resolution for winding up or a Court shall make an Order to that effect or if not being an incorporated company it shall have a Receiving Order made against it or if there shall be any breach by the Customer of any of the Terms and Conditions hereof, the Supplier may, without prejudice to its other rights and remedies defer or cancel any further deliveries and the Customer’s right to possession of any rented goods and/or equipment immediately ceases and it must return the Goods and Equipment to the Supplier on demand together with all instruction manuals and other information provided by the original supplier.

10.7   All dishonoured payments made by the Customer to the Supplier shall attract a $55.00 (GST inclusive) administration fee.

10.8 For all card payments over $100.00 AUD, a surcharge of 1.6% for tapped, inserted or swiped transactions & 2.2% for manually entered card transactions will be applied to the total amount due. This surcharge covers processing fees and is in addition to the invoice or purchase total. Please consider this additional charge when choosing your payment method. 

10.9  HMC Group Solutions offers multiple payment services/options, including Marmalade, Stripe, eWay, Afterpay and Square, for collecting payments. For payments made in person or over the phone, a surcharge applies, as previously mentioned in section 10.8. Additionally, online payments and other payment methods may incur different surcharges, details of which will be provided upon selection of the payment method.

11. Title:

11.1  For goods and services quoted as Sale items herein, the ownership of the goods will only be transferred to the Customer on payment in full by the Customer for the said goods. The Supplier reserves the right to list these goods on the PPSR registry (www.ppsr.gov.au) as owned by the Supplier until such payment is received.

11.2  For goods and services quoted as Rental items herein, the ownership of the goods remains with Supplier at all times. The Supplier reserves the right to list these goods on the PPSR registry as owned by the Supplier.

11.3  The Customer has no interest in Goods and/or Equipment quoted as Rental items herein, other than as bailee and must do everything necessary to protect the Supplier’s rights in the equipment. This includes:

(a)   Making it clear to others where ownership of the Equipment is relevant, that the Supplier owns the Equipment;

(b)   and keeping the Equipment under its control; and

(c)   allow the Equipment to become subject to a Security Interest of any kind; and

(d)   not allow anyone else to use the Equipment.

11.4  Should the Customer remain in default of any payment for which the Customer is liable to the Supplier, the Supplier reserves the right to decline to make any further deliveries irrespective of which Contract with the Customer they spring from, and to rescind the Contract in question without judicial interposition, all this without prejudicing the Supplier’s right to full compensation and without prejudicing the Supplier’s right to take back at once from the Customer goods which by virtue of this Clause are still the Supplier’s property.

11.5  The Customer shall store all goods delivered by the Supplier but for which payment has not been made, in such a way as to be clearly separate and identifiable from the Customer’s other goods and products and the Customer hereby grants to the Supplier its servants or agents the right to enter on to the Customer’s premises for the purposes of recovering such goods at any time until payment.

11.6  Notwithstanding the above, for goods quoted as Sale items herein, if the Customer shall sell any goods delivered in such manner as to pass to a third party a valid title to the goods, the Customer shall hold the proceeds of such sale on trust for the Supplier; providing that nothing herein shall constitute the Customer the agent of the Supplier for the purposes of any such sub-sale and also providing that the Customer shall not be entitled to sell such goods after the appointment of a Receiver to its property, or it has been placed in liquidation, or, not being a company, has committed an act of bankruptcy.

11.7  The Customer shall assume the risk of loss or damage to the goods from the date of delivery and must accordingly rely on its own insurance from that date.

11.8  The Customer bears the risk of any loss, destruction, seizure of or damage to Goods and/or Equipment quoted as rental items herein, and all liability for its possession, use, operation and storage throughout the Term or until possession is recovered by the Supplier, including the risk of and liability for any personal injury or death or any property damage, however these occur. This risk also includes any liability arising because the insurance cover is inadequate or lapses or becomes void for any reason.

11.9  The Customer indemnifies the Supplier as owner of Goods and/or Equipment listed as rental items herein, for all risks and liabilities assumed by the Customer under this clause.

11.10 For goods and services quoted as Rental items herein, the Customer must at its own expense throughout the Term:

(a)   Keep the equipment insured against loss, theft, damage or destruction arising from any cause for the greater of its full market value or replacement value and any other insurable risk commonly insured against for similar equipment and;

(b)   Keep the Supplier insured against all liabilities to third parties for death, personal injury and property damage and such other risks however arising in connection with the ownership, use, possession and storage of the Equipment as the Supplier may reasonably require; with an insurer acceptable to the Supplier in the names of the Customer and the Supplier for their respective interests. Each insurance policy must provide that the proceeds of any claim will be paid to the Supplier or the benefit of the Supplier. The Customer must comply with any directions of the Supplier in relation to any insurance proceeds paid to or for the benefit of the Customer.

11.11 Any goods supplied to the Customer which are subject to restrictions or provisions imposed by manufacturers’ licence conditions are supplied to the Customer by the Supplier subject to any such licence restrictions or provisions.

12. Errata:

12.1   Any errors and omissions made in the preparation of this sales quotation are excluded. In the event that errors or omissions are made the Supplier reserves the right to cancel and reissue this quotation.

13. Validity of Terms and Conditions:

13.1   The parties agree that in the event that a term or condition is ruled invalid the remaining terms and conditions will remain in force.

13.2   Any goods supplied to the Supplier which are subject to restrictions or provisions imposed by manufacturers’ licence conditions are supplied to the Customer by the Supplier subject to any such licence restrictions or provisions.

14. Suitability of product / service:

14.1   It is the Customer’s responsibility to check and confirm that the products ordered are fit for purpose and suitable for the environment in which they are to be used/deployed.

14.2   Once an order is placed with the Supplier’s Stockist, if the Customer wants to change the order, either by quantity, product, software or service, changes will only be considered by the Supplier if the order has not be dispatched.

14.3   In the event that the changes are accepted by the Supplier’s Supplier, the Customer agrees to pay a restocking fee of 25% of the value of the goods and/or services quoted plus any freight or other charges incurred by the Supplier up to that point.

14.4   The Customer also agrees to pay any additional costs associated with ordering the new product or service.

Authorised by: 

Harrison McMahon 

Managing Director 

HMC Group Solutions

V2.1 08/2021