This document together with the Website Terms and Conditions, Returns Policy, Privacy Policy and any other terms and conditions adopted by us from time to time and available on www.bdcservices.com.au (Website) (together the Terms and Conditions) constitute the legal relationship between you and us in respect of your Quote, Purchase Order, and/or purchase of goods and/services from BDC Services.
Application
1 In consideration of BDC Services providing a Quote, accepting a Purchase Order, and/or providing Products and/or Services, the Customer agrees to this Terms and Conditions of Sale.
2 In the case of any conflict between this Terms and Conditions of Sale and any other Terms and Conditions, these terms and conditions prevail over the conflict, unless otherwise explicitly agreed in writing. For avoidance of doubt, except for the specific terms of the Purchase Order setting forth the price, quantity, and delivery location, unless different terms are mutually agreed to between the parties.
Quotes and Purchase Orders
3 All Quotes are provided and Purchase Orders are accepted at the discretion of BDC Services, and are subject to availability.
4 The Customer may request a Change to a Purchase Order provided that the request for Change is delivered to BDC Services at least thirty days (30) prior to the Products being dispatched from BDC Services or its authorised third party’ site/s, or otherwise with the prior written approval of BDC Services. Customer shall pay to BDC Services all reasonable costs associated with the Change.
5 The Customer may cancel a Product order provided that such cancellation is delivered in writing to BDC Services at least thirty days (30) prior to the Products being dispatched from BDC Services or its authorised third party’ site/s, or otherwise with the prior written approval of BDC Services. In the event of any cancellation Customer shall pay to BDC Services a restocking fee equal to 25% of the Product order plus costs incurred by BDC Services for manufactured goods, and 100% for Equipment ordered by BDC Services pursuant to the Purchase Order being cancelled.
Provision of Products and Services
6 Title and Risk of Loss. Title of products supplied by the BDC Services will not pass to the Customer and will remain with the BDC Services until the Product, and/or Services supplied have been paid in full. Risk of loss passes to Customer on acceptance of delivery by the End User. It is the Customer’s responsibility to inspect all goods before acceptance of delivery, and the Customer must contact BDC Services immediately where delivery is rejected.
7 Information. Information and/or notices given by BDC Services to the Customer shall be deemed to be correctly given if provided to employees or representatives of the Customer.
Pricing and Payment
8 Unless otherwise notified in writing by BDC Services, all prices specified in an Purchase Order are fixed and include all delivery charges, excises, duties, labelling, cases, crates or other packaging materials.
9 Unless otherwise specified agreed to in writing, the Customer must prepay the BDC Services’ invoice before the supply of Products or Services.
10 All late payments are subject to an interest charge of 1.5% per annum above the official cash rate set by the Reserve Bank of Australia prevailing at the time the payment was due to the maximum permitted by law.
Returns
11 Goods returned will only be credited to the Customer’s account if returned in the same conditions as delivered by the BDC Services to the Customer initially, and if returned and received by the BDC Services within seven days (7) from date of invoice. A restocking fee of 25% will apply to all returns, and BDC Services reserves the right to further deduct all reasonable costs incurred associated with the return.
Warranty
12 Original goods and services third party manufacturer’s terms and conditions of warranty apply.
Limitation of liability
13 BDC Services shall not be responsible for any loss or damage howsoever caused to the property or person of the Customer, or any third party as a result of any defect in the product whether patent or latent, and the Customer indemnifies the BDC Services against any claims made against it by any third party arising out of any such defects.
14 Notwithstanding anything to the contrary, no contractual indemnity shall be paid by BDC Services.
Acceptance
15 All Products delivered pursuant to these Terms and Conditions will be deemed accepted upon delivery.
16 All Services performed pursuant to these Terms and Conditions will be deemed accepted upon commencement.
Governing law
17 These Terms and Conditions are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms and Conditions.
Entire agreement
18 Unless explicitly agreed to in writing, this Terms and Conditions of Sale together with the Terms and Conditions of supersedes all previous agreements, understandings, and negotiations, representations and warranties about its subject matter and embodies the entire agreement between the parties about its subject matter.
Severance
19 If any part of any of these Terms and Conditions is found to be void or unenforceable for unfairness or any other reason (for example, if a court or other tribunal or authority declares it so), the remaining parts of these terms and conditions will continue to apply as if the void or unenforceable part had never existed.
Contact details
20 The Terms and Conditions are publicly available on the Website.
21 If you have any concerns about material that appears on the Website, please contact us in accordance with the details set out below.
BDC Services
Address: PO Box 1671, North Sydney NSW 2059
Telephone: 1300 001 195
Email: accounts@bdcservices.com.au
Definitions
BDC Services means BDC Services ABN 70 695 849 621, its sub-contractors, or other third party as instructed by BDC Services or the Customer
Change means any alteration or any extra work, delay or other circumstance which results in an adjustment to any of the cost, delivery schedule, and/or any other aspect of the Product or Services.
Commissioning means on site Start-up and testing of the Products
End User means the final user of the Product or Service
Entitlement means the document that provides the scope of the Services
Equipment means any and all third party sourced finished goods including spare parts relating thereto.
Products means (individually or collectively as appropriate) such hardware, software, documentation, supplies, accessories, and other commodities, that have been provided or will be provided by BDC Services pursuant to this Terms and Conditions of Sale.
Purchase Order means a written or electronic order from Customer for the purchase of Products, Equipment or Services.
Quote means the applicable authorised BDC Services Quote in effect when Company accepts Customer’s order
Services means the Start-up, Commissioning, repair, and/or maintenance activities provided by BDC Services, its sub-contractor, or other third party instructed by BDC Services or the Customer
Start-up means installation of the Product at the End User’s site and verification by BDC Services that the Product is in substantial conformance with the available specifications
Terms and Conditions means the Website Terms and Conditions, the Returns Policy, Privacy Policy and any other terms and conditions adopted by us from time to time and available on the Website.
Website means www.bdcservices.com.au
