Terms of Sale
1. In these Terms of Sale, the following terms have the following meaning:
(a) “Additional Charges” includes all delivery, handling and storage charges, goods and services tax, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Communication At Work arising out of the sale of the Goods or the provision of the Services.
(b) “Communication At Work” means Mitmar Enterprises Pty Ltd. ABN 37 121 520 527.
(c) “Customer” means the customer who purchases registration for an event held by Communication At Work or who purchases Goods or Services.
(d) “Registration” means the price of registration for an event held by Communication At Work.
(e) “Goods” means those goods sold by Communication At Work to the Customer.
(f) “Purchase Price” means the list price for the goods as charged by Communication At Work at the date of delivery or such other price as may be agreed by Communication At Work and the Customer prior to delivery of the Goods.
(g) “Services” means those services sold by Communication At Work to the Customer, including registration for events.
2. It is important that Communication At Work and the Customer agree on the terms on which business is to be transacted. These Terms of Sale are current for trading with Communication At Work at the time of issue, however the Terms of Sale may vary from time to time.
3. All registrations for an event run by Communication At Work must be in writing. A registration is accepted by Communication At Work once written notification is provided to you.
4. An acceptance of a registration by Communication At Work is then to be an acceptance by Communication At Work and the Customer of these Terms of Sale to the exclusion of any terms and conditions imposed by the Customer. No booking is binding on Communication At Work until accepted by it.
5. Entry to any event may be refused if the Customer has not paid Communication At Work for the event in advance or at the time of the event.
6. The Customer acknowledges that cameras, audio and video recorders may not be permitted in certain events.
7. Registration prices to events are subject to change and Communication At Work will inform you accordingly if there is a change in registration fee. The Customer must pay the registration fee for an event and any applicable goods and services tax.
8. If an event is cancelled or postponed, the Customer may, at its option, credit the registration fee towards another event, or obtain a full refund of the registration fee. No Administration fee will be charged.
9. An order given to Communication At Work is binding on Communication At Work and the Customer, if a written acceptance is signed for or on behalf of Communication At Work; or the Goods or Services are supplied by Communication At Work in accordance with the order.
10. An acceptance of the order by Communication At Work is therefore an acceptance of these conditions of sale by Communication At Work and the Customer and these conditions of sale will override any conditions contained in the Customer’s order. No order is binding on Communication At Work until accepted by it.
11. An order which has been accepted in whole or in part by Communication At Work cannot be cancelled by the Customer without obtaining the prior written approval of Communication At Work which it may refuse in its absolute discretion.
12. Risk in accepting the Goods passes on delivery to the Customer.
13. All Additional Charges are payable by the Customer in addition to the Purchase Price of the Goods or Services.
14. The Customer must pay the Purchase Price and the Additional Charges to Communication At Work. If the Customer is in default, Communication At Work may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
15. Goods and Services Tax (GST) will be shown separately in the tax invoice for the sale of the Goods. The amount of GST payable in respect of the supply of the Goods is payable by the Communication At Work Customer. The Customer must indemnify Communication At Work in respect of GST paid and payable by for the supply of the Goods.
Limitation of Liability
16. Certain laws imply terms, conditions and warranties (“Prescribed Terms”) into contracts for the supply of Goods and Services and prohibit the exclusion, restriction or modification of such term, conditions and warranties. The liability of Communication At Work in respect of a breach of a Prescribed Term or any warranty made under these terms of sale is limited, to the extent permissible by law and at the option of Communication At Work to:
(a) In the case of Services, the supply of the Services again; or the payment of the cost of having the Services supplied again; and
(b) In the case of Goods, the replacement of Goods or the supply of equivalent Goods; the repair of Goods; the payment of the cost of replacing the Goods or acquiring equivalent Goods; or the payment of the cost of having the Goods repaired.
Unless the terms and warranties are included in these terms of sale, all prior discussions, quotations, warranties and Prescribed Terms, to the extent permitted by law, are excluded and Communication At Work will not be liable for any loss or damage or for consequential loss or damage of any kind arising out of the supply or failure to supply of Goods or Services or arising out of Communication At Work negligence or in any way whatsoever.
17. These terms of Sale are to be construed in accordance with the laws from time to time in the State of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
20. These standard Terms of Sale contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
18. Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
19. No waiver of any of these terms and conditions or failure to exercise a right or remedy by Communication At Work will be considered to imply or constitute a further waiver by Communication At Work of the same or any other term, condition, right or remedy.