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Terms and Conditions
TERMS AND CONDITIONS
The Applicant acknowledge that Wagma Engineering Pty Ltd (ACN 005 653 654) ATF Wagma Unit Trust (“Wagma”) is only prepared to supply the Applicant as described in the credit application on the following conditions (unless agreed in writing signed by a director of Wagma).
Wagma and its related bodies corporate (as that term is defined in the Corporations Act 2001 (C’th) are referred to in these terms and conditions as the Supplier.
Any company or natural person wishing to purchase goods from the Supplier under these terms and conditions is referred to in these terms and conditions as the Applicant.
The Supplier has a privacy policy which governs its use of personal information and is available from “The Privacy Officer” of 43-45 Kalman Drive, Boronia, Victoria.
TRUSTS AND PARTNERSHIPS
If the Applicant is a partnership, the Applicant warrants that it will not alter its partnership without first advising the Supplier and all partners whether or not named as parties, shall be jointly and severally liable with the Applicant.
If the Applicant is the trustee of a trust then the trustee shall be jointly and severally liable with the Applicant both in their capacity as trustee and in their personal capacity.
TERMS
Deliveries of goods unless agreed otherwise in writing by the Supplier, must be paid for within 30 days of the date of invoice. The Supplier may at any time and in its absolute discretion, vary the terms of trade.
Where credit has not been granted or when a stop is placed on an existing account then terms are strictly
cash on delivery (“COD”).
Should the Applicant not pay for the goods or services supplied by the Supplier in accordance with these
terms and conditions or as agreed in writing with the Supplier then the Supplier will be entitled to charge an administration fee of 10% per annum of the invoiced amount or part thereof from the date that the goods were delivered or the services were supplied until payment in full has been received from the Applicant.
RELEVANT LAW
These terms and conditions are subject to the laws of the State of Victoria and to the exclusive jurisdiction of the Courts of that State. Notwithstanding the location of the Applicant, the parties acknowledge and agree that this contract arises in Boronia, in the State of Victoria.
SECURITY
The Applicant charges in favour of the Supplier all estate and interest in any real property that the Applicant owns at present and in the future with the amount of indebtedness hereunder until discharged.
The Applicant charges in favour of the Supplier all estate and interest in any personal property that the Applicant owns at present and in the future with the amount of indebtedness hereunder until discharged.
The Applicant appoints as its duly constituted attorney the Suppliers company secretary from time to time to execute in the Applicant’s name and real property mortgage, bill of sale or consent to caveat which the Supplier may choose to lodge against real property owned by the Applicant in any State or Territory of Australia even if the Applicant has not defaulted in carrying out its obligations under these terms and conditions.
Any charge, mortgage or security over real or personal property interest which the Applicant has previously entered into in favour of the Supplier will continue and co-exist with the obligations and security interests created under these terms and conditions. The Supplier in its absolute and sole discretion may vary the terms of any previous charges, mortgages or other securities to reflect the terms contained within these terms and conditions.
CREDIT
11. The Supplier is under no continuing obligation to provide goods on credit.
The Applicant authorises the Supplier to contact any trade reference and or credit agency and or banker and direct any such person to provide the Supplier with all information held by them concerning the Applicants finances.
The Applicant acknowledges and agrees that any credit provided by the Supplier to the Applicant is for commercial purposes only.
The Supplier may issue a certificate concerning the amount owing by the Applicant and when payment is or was due and that certificate shall be prima facie evidence of its contents.
The Supplier reserves the right to withdraw credit at any time regardless as to whether the Applicant is in default under these terms and conditions.
Upon cancellation with or without notice, all liabilities incurred by the Applicant become immediately due and payable to the Supplier.
The Applicant will provide the Supplier with further information for the purpose of assessing the Applicant’s creditworthiness at any time if requested to do so by the Supplier.
CONTRACT
When the Applicant places an order with the Supplier, the Applicant is making an offer to the Supplier. The offer may be accepted by the Supplier by the Supplier sending the Applicant a written confirmation of acceptance of the order or by sending the Applicant part or all of the ordered stock or products (whichever is the earlier).
The Supplier reserves the right to refuse to accept any order for any reason.
TITLE
Until payment of the entire sum payable by the Applicant, the Applicant shall have no ownership of or property or title in the goods and shall hold the goods as bailee for the Supplier. The Applicant must keep the goods subject to this clause 20 separate from other goods received by the Applicant and mark the products as being the property of the Supplier until title passes. Any monies received from the sale of products subject to this clause 20 must be held separate from other monies and must be held for the Supplier’s benefit and paid to the Supplier until the debt is paid in full. The Applicant acknowledges and agree that if they fail to make complete and timely payment for the goods, the Supplier or its representatives can enter the premises where the products are located without prior notice and at the Supplier’s absolute discretion take possession of those goods without liabilities for conversion, trespass or otherwise.
The Applicant further agrees that the Supplier will have a lien over all of the Applicant’s goods or materials or other property that belong or are owned by the Applicant but that are in the Suppliers possession and that the Supplier shall be entitled, upon the expiration of 14 days’ notice to the Applicant, to dispose of such goods or materials or property and apply the proceeds in satisfaction of the unpaid debts.
The Applicant will be responsible for the Supplier’s costs and expenses in exercising its rights under clause 20.
The Applicant acknowledges and agrees that the Supplier’s interest under clause 18 constitutes a “purchase money security interest” for the purposes of the Personal Property Securities Act 2009” (“PPSA”).
The Applicant acknowledges and agrees that they expressly waiver any rights that they may have under the PPSA until ownership of the goods has passed to the Applicant. These rights under the PPSA include; (a) under section 95 to receive notice of removal of accession;
(b) under section 118 to receive notice that the Supplier intends to enforce its security interest in accordance with land law decisions;(c) under section 121(4) to receive a notice of enforcement action against liquid assets;
(d) under section 129 to receive a notice of disposal of goods by the Supplier purchasing the goods;
(e) under section 130 to receive a notice of disposal of goods;
(f) under section 132(2) to receive a statement of account following disposal of goods;
(g) under section132(4) to receive a statement of account every 6 months if the goods have not been disposed of;
(h) under section135 to receive notice of any proposal by the Supplier to retain the goods;
(i) under section 137(2) to object to any proposal of the Suppliers to retain or dispose of the goods;
(j) under section 142 to redeem the goods;
(k) under section 143 to reinstate the security agreement;
and
(l) under section 157(1) and 157(3) to receive a notice of any verification statement.At the Supplier’s request, the Applicant will execute all documents and do all things necessary for the Supplier to register the security interest granted by the Applicant under the PPSA.
The Applicant agrees to accept service of any documents required to be served and including any documents required to be served under the PPSA or originating processes by prepaid post to the address the Applicant has nominated in its Credit Application Form or any address the Applicant subsequently notifies the Supplier of.
The Applicant agrees that any and all rights that the Supplier has, which are in addition to the Supplier’s rights under Part 4 of the PPSA, will continue to apply.
The Applicant agrees that should the Supplier exercise its rights under sections 13 and or 128 of the PPSA, the Applicant will indemnify the Supplier against any and all claims made by any third party as a result of the Supplier exercising such rights.
The Applicant consents to the Supplier recording the details of this agreement on the Personal Property Security Register and the Applicant agrees to do all things necessary for the Supplier to effect such registration.
The Applicant waives all rights and entitlement to receive notification of the registration of any security interest or interests created by any agreement it enters into with the Supplier for the supply of goods to the Applicant on the Personal Property Security Register.
Notwithstanding that title in the goods may not have passed, risk passes to the Applicant immediately upon delivery.
WARRANTY
The Suppliers liability for any loss, injury or damage attributable thereto is limited to making good by exchange or repair, any defects which appear therein under proper use provided that such defective parts be returned free into the Suppliers premises, or by issue of a full credit of the purchase price at the Suppliers discretion.
The Applicant agrees to indemnify the Supplier for all losses and claims for, or in respect of, injury or damage to any person or in connection with, the Suppliers goods or the use of those goods or any defects in or failure of the goods to function.
The Supplier shall not be liable for any loss of profits or consequential loss, injury or damage suffered by the Applicant as a consequence of any defect in the goods supplied to the Applicant by the Supplier.
Any complaint concerning damage, short delivery, loss in transit or defect must be made to the Supplier within ten working days of the Applicant’s receipt of the invoice for that delivery or the receipt of the goods which ever occurs later. If the complaint is not made within that time then the Applicant loses any right which the Applicant may have had in respect of that complaint.
Any goods which are returned to the Supplier for any reason shall be returned at the Applicant’s cost.
The Supplier has the discretion to repair or replace any goods the subject of a complaint or to refund or
credit the purchase price.
The Applicant acknowledges and agrees that it will accept any and all short orders delivered by the Supplier.
The Applicant acknowledges and agrees that it will accept deliveries from the Supplier of goods that are
substantially similar to those which have been ordered.
The Suppliers liability for a breach of a condition or warranty (including as implied by the Competition and
Consumer Act 2010 (C’th)) is limited to:
the replacement of the Goods or the supply of equivalent Goods;
the repair of the Goods;
the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
the payment of the cost of having the Goods repaired.
In no event will the Suppliers liability exceed $500.00
CORPORATIONS
The Applicant, if it is a corporation other than a publically listed corporation, must advise the Supplier of any alteration to its corporate structure.
WAIVER
A waiver or breach of any provision of these terms and conditions by the Supplier must be made in writing by an authorised officer of the Supplier. A waiver or breach of any provision of these terms and conditions by the Applicant must be made in writing by an authorised officer of the Applicant.
COSTS
The Applicant must pay all costs on an “indemnity” basis incurred by the Supplier as a result of any default by the Applicant.
Any costs incurred by the Supplier in pursuing any recovery action or other claim or remedy against the Applicant including collection costs, debt recovery fees and legal costs must be borne by the Applicant on a full indemnity basis. These costs will be due and payable by the Applicant to the Supplier regardless of the outcome of any recovery action, claim or remedy.
It is acknowledged and agreed by the Applicant that payments by the Applicant will be applied by the Supplier in the following order
in payment of any and all costs and legal costs;
in payment of any interest; and
in payment of outstanding invoices.
TAXES AND DUTIES
The Applicant will pay GST on any taxable supply made by the Supplier under these terms and conditions. This payment of GST is in addition to any other consideration payable by the Applicant for a taxable supply.
Should the Supplier, as a result of any legislative changes or legislation becoming applicable to this agreement, become liable to pay any tax, duty, excise or levy in respect of the amounts received by the Applicant, then the Applicant must pay to the Supplier these additional amounts upon demand by the
Supplier.
INTEREST
The applicable interest rate on any outstanding debt is 4% above the rate approved from time to time
pursuant to section 2 of the Penalty Interest Rates Act 1983 (Vic) calculated daily from the date of delivery of the goods.
SET OFF
Any and all payments required to be made by the Applicant under these terms and conditions must be made free from any set off or counterclaim and without deduction or withholding.
The Supplier reserves the right to set off any monies which it may owe to the Applicant from monies owed by the Applicant to the Supplier.
FORCE MAJURE
If for any reason beyond the Suppliers control (including without limitation as a result of any strike, war, terrorist attack, trade dispute, fire, tempest, theft or breakdown), goods cannot be delivered to the Applicant as agreed in these terms and conditions, then the Supplier shall be entitled to cancel the order and the Applicant shall not have any claim against the Supplier for loss, damages, costs or expenses arising out of such cancellation. The cancellation of an order is without prejudice to the Suppliers rights to recover all sums owing to the Supplier in respect of deliveries made or goods provided prior to the date of such cancellation.
GENERAL
Nothing in these terms and conditions shall be read or implied to exclude restrict or modify or have the effect or excluding restricting or modifying the application of in relation to the supply of goods pursuant to this agreement any provisions of the Competition and Consumer Act 2010 (C’th) or any relevant State or Federal legislation which by law cannot be excluded restricted or modified.
To the extent permitted by law, all warranties whether expressed or implied and whether statutory or otherwise with regard to the goods supplied by the Supplier as to quality, fitness for purpose or any other matter are hereby excluded.
SEVERANCE
If any part of these terms and conditions is invalid or unenforceable then that part is to be severed and the remainder of the terms and conditions remain.
VARIATION
56. The Applicant agrees that these terms and conditions may be varied from time to time by an authorised officer of the Supplier.
Privacy Policy
We take the protection of your personal data very seriously. According to the EU General Data Protection Regulation (Article 13 GDPR), we are obliged to inform you about the purpose for which we collect, store or forward data and what rights you have.
"Parks Hydraulics Services" means WAGMA Engineering Pty Ltd, The Trustee for WAGMA Unit Trust Trading as Parks Hydraulics Services. ABN 27 731 370 660 .
The content and scope of the data processing depends largely on the data provided by you or the data required for the business relationship or communication with us.
Parks Hydraulics Services. (owner of parkhydraulics.com.au) takes the private nature of your personal information very seriously. This Privacy Policy describes how we treat the information we collect when you visit and use any website available from Parks Hydraulics Services. and is made available under the Creative Commons Sharealike license. Please read this notice very carefully.
It is Parks Hydraulics Services.'s policy to respect your privacy regarding any information we may collect while operating our websites.
Website Visitors
Like most website operators, Parks Hydraulics Services. collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Parks Hydraulics Services.'s purpose in collecting non-personally identifying information is to better understand how Parks Hydraulics Services.'s visitors use its website. From time to time, Parks Hydraulics Services. may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Parks Hydraulics Services. also collects potentially personally-identifying information like Internet Protocol (IP) addresses. Parks Hydraulics Services. does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below. Please be aware that Parks Hydraulics Services. cannot be responsible for the privacy practices of other sites, including those to which we link or whose products or services we reference. We encourage you to read the terms of use and privacy statements of each Web site you visit.
Gathering of Personally-Identifying Information
Certain visitors to Parks Hydraulics Services. websites may need to interact with Parks Hydraulics Services. in ways that require Parks Hydraulics Services. to gather personally-identifying information. The amount and type of information that Parks Hydraulics Services. gathers depends on the nature of the interaction.
For example, we ask visitors who sign up for an account at Parks Hydraulics Services. to provide a username and email address. Those who engage in transactions with Parks Hydraulics Services. are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Parks Hydraulics Services. collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Parks Hydraulics Services.. Parks Hydraulics Services. does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Aggregated Statistics
Parks Hydraulics Services. may collect statistics about the behavior of visitors to its websites. For instance, Parks Hydraulics Services. may monitor the most popular links on the site. Parks Hydraulics Services. may display this information publicly or provide it to others. However, Parks Hydraulics Services. does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Parks Hydraulics Services. discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organisations that (i) need to know that information in order to process it on Parks Hydraulics Services.'s behalf or to provide services available at Parks Hydraulics Services. websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organisations may be located outside of your home country; by using Parks Hydraulics Services. websites, you consent to the transfer of such information to them. Parks Hydraulics Services. will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organisations, as described above, Parks Hydraulics Services. discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Parks Hydraulics Services. believes in good faith that disclosure is reasonably necessary to protect the property or rights of Parks Hydraulics Services., third parties or the public at large.
If you are a registered user of a Parks Hydraulics Services. website and have supplied your email address, Parks Hydraulics Services. may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Parks Hydraulics Services. and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Parks Hydraulics Services. takes all measures reasonably necessary to protect against unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
However, if Parks Hydraulics Services. or any of its products is sold to a new owner, whether by merger, stock sale, asset sale or other means, we retain the right to transfer your profile, Site Data and all other content, data and information to this new owner, provided the owner agrees to respect the Privacy Policy in effect with respect to this personal data.
How long will my data be stored?
We only store your data for as long as necessary to process the business transaction or to comply with documentation requirements. Legal requirements require that commercial letters be kept for at least 6 years, with tax-relevant content for at least 10 years.
By using our contact form
If you submit a form to us, we will receive the data you have entered in our database and by e-mail. We use the data to answer your questions. We do not share this information.
Storage of access data in server log files
You can visit our websites without giving any personal information. We only store access data in so-called server log files, such as the name of the requested file, the date and time of the retrieval, the amount of data transferred and the requesting provider. These data are evaluated solely to ensure trouble-free operation of the site and to improve our offer and do not allow us to conclude on your person.
Data collection and use for contract processing and opening a customer account
We collect personal information if you voluntarily provide it to us as part of your order, when contacting us (for example, by contact form or e-mail) or when opening a customer account. Which data are collected, can be seen from the respective input forms. We use the data provided by you to fulfill the contract and process your inquiries. After completion of the contract or deletion of your customer account, your data will be blocked for further use and deleted after expiry of the tax and commercial retention periods, unless you have expressly consented to a further use of your data or we reserve the right to use the data is legally permitted and about which we inform you below. The deletion of your customer account is possible at any time and can be done either by a message to the contact option described below or via a designated function in the customer account.
Data transfer for fulfillment of the contract
In order to fulfill the contract, we will pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of ordered goods. Depending on which payment service provider you select in the order process, we will forward payment data collected to the credit institution commissioned with the payment and any payment service providers commissioned by us to process the payments or to the selected payment service. In part, the selected payment service providers also collect this data themselves, provided that you create an account there. In this case, you must log in to the payment service provider with your access data during the ordering process. In this respect, the privacy policy of the respective payment service provider applies.
Data usage when registering for the e-mail newsletter
If you would like to receive newsletter(s) offered by Parks Hydraulics Services. regarding topics , we require an email address from you, as well as information that allows us to verify that you are the owner of the email address provided and that you agree to receive the newsletter. Further data is collected voluntarily from information you supply, otherwise is not collected. We use this data exclusively for the delivery of the requested information and do not pass it on to third parties. The processing of the data entered into the newsletter registration form takes place exclusively on the basis of your consent (Art. 6 (1) lit. DS-GVO). The consent granted to the storage of the data, the email address and their use for sending the newsletter can be revoked at any time, typically via the "unsubscribe" link in the newsletter or by requesting removal from the mailing list via the contact form on the website.
The legality of the already completed data processing operations remains unaffected by the revocation. The data deposited with us for the purpose of obtaining the newsletter will be stored by us from the newsletter until your cancellation and will be blocked after unsubscribing the newsletter. Data stored for other purposes with us (e.g. e-mail addresses for closed members area) remain unaffected.
We use third-party tools for managing the production and sending of newsletters. Information about these tools can be obtained on request, and the privacy policies for those services form an extension of this policy. In contracting the third-party to provide these services, Parks Hydraulics Services. have reviewed their privacy policies and confirm that they adhere to the laws and policies required for to provide the services.
Our newsletters sent with the ability for us to analyze the behavior of newsletter recipients. This can analyze how many recipients have opened the newsletter message and how often which link in the newsletter was clicked. With the help of conversion tracking, it can also be analyzed whether a predefined action (for example, purchase of a product on our website) has taken place after clicking on the link in the newsletter.
Data usage for e-mail advertising without newsletter registration and your right of objection
If we receive your e-mail address in connection with the sale of a good or service and you have not objected to this, we reserve the right to send you regular offers for similar products, such as those already purchased, from our range by e-mail. You may object to this use of your e-mail address at any time by providing a link in the e-mail.
Use of cookies
In order to make the visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your device and allow us to recognize your browser on your next visit (persistent cookies). You can set your browser so that you are informed about the setting of cookies and individually decide on their acceptance or exclude the acceptance of cookies for specific cases or in general. failure to accept cookies may limit the functionality of our website.
A Cookie file is – according to Wikipedia - a small piece of data sent from a website and stored in a user's web browser while a user is browsing a website. When the user browses the same website in the future, the data stored in the cookie can be retrieved by the website to notify the website of the user's previous activity. Cookies were designed to be a reliable mechanism for websites to remember the state of the website or activity the user had taken in the past. This can include clicking particular buttons, logging in, or a record of which pages were visited by the user even months or years ago. More information on that topic can be found on Wikipedia.
Purposes of storage and gaining access to cookies:
- Website personalisation (for example: saving font size, sight challenged version of website or template version)
- Saving data or user’s decisions (for example: no need to enter login and password on every website, remembering login during the next visit, keeping information on products added to cart)
- Social websites integration (for example: displaying your friends, fans or post publishing on Facebook or Google+ directly from the website)
- Customised targeting of adverts that are displayed on the website
- Creating website’s statistics and flow statistics between different websites
Use of Google (Universal) Analytics for web analytics
This website uses Google (Universal) Analytics, a web analytics service provided by Google Inc. (www.google.com). Google (Universal) Analytics uses methods that allow to analyze the use of the website, such as so-called "cookies", text files that are stored on your computer. The generated information about your use of this website is usually transmitted to a Google server in the USA and stored there. By activating IP anonymization on this website, the IP address will be shortened prior to transmission within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. The anonymized IP address provided by Google Analytics within the scope of Google Analytics will not be merged with other data provided by Google. You can prevent the collection of the data (including your IP address) generated by the cookie and related to your use of the website from Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
Privacy Policy Changes
Although most changes are likely to be minor, Parks Hydraulics Services. may change its Privacy Policy from time to time, and in Parks Hydraulics Services.'s sole discretion. Parks Hydraulics Services. encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.