These Standard Terms (Terms) and the accompanying Purchase Order collectively form the Agreement between you (Purchaser) and Point Pod Pty Ltd ACN 617 440 258 (PointPod). By submitting a Purchase Order the Purchaser acknowledges and agrees to be bound by these Terms.
This Agreement will be governed by the laws of Queensland, and each party submits to the non-exclusive jurisdiction of the Courts of Queensland
The Purchaser must provide PointPod with a Purchaser Order for the Goods.
PointPod may decline any Purchase Order received from the Purchaser by written notice to the Purchaser.
Where PointPod declines a Purchase Order any Deposit paid by the Purchaser will be refunded in full.
Upon submission of a Purchase Order the Purchaser must pay a non-refundable deposit (Deposit) to the bank account nominated by PointPod in the Purchase Order.
The Purchaser acknowledges that the amount of any deposit held by, or made to, PointPod is consideration for work undertaken on behalf of and at the instruction of the Purchaser and that should the Purchaser elect to cancel the Purchase Order, or to not fulfil or proceed with the Purchase Order at any time and for any reason, PointPod is entitled to retain all Deposits received as fair consideration and payment for the work already undertaken by PointPod.
Notwithstanding anything else in this clause 3 if PointPod is unable to fulfil a Purchase Order then the Purchaser will receive a full refund of any Deposit paid to PointPod.
PointPod will use its best endeavours to deliver each Purchase Order to the Delivery Address specified in the Purchase Order by the Target Delivery Date.
PointPod reserves the right to invoice the Purchaser for any costs and expenses incurred by PointPod with regard to the organisation and delivery of the Purchase Order. Organisation and delivery costs will be notified to the Purchaser at the time the Purchaser submits a Purchase Order or in any event prior to being incurred by PointPod.
Where PointPod is unable to effect delivery of the Purchase Order by the Target Delivery Date PointPod reserves the right to amend or postpone the Target Delivery Date. PointPod will use its best endeavours to notify the Purchaser as soon as practically possible of any amended or postponed delivery date.
The Purchaser hereby releases and indemnifies PointPod from and against all loss, damage, expense or cost suffered or incurred by the Purchaser as a result of the amendment or postponement of the Target Delivery Date.
Unless stated otherwise, the Total Price is exclusive of GST. The Purchaser must pay the Total Price, plus the requisite GST, in relation to each Purchase Order to PointPod within fourteen (14) days of the receipt from PointPod of a valid tax invoice (Payment Due Date).
The Purchaser must pay interest on any outstanding amount not paid by the Payment Due Date. Interest will be calculated on the basis of the rate quoted by PointPod’s bank for overdrafts in the amount of the outstanding balance of the Purchaser’s account plus 2%. Interest will accrue daily from the Payment Due Date until the outstanding amount is paid in full.
Risk and Title
Risk in each Purchase Order passes to the Purchaser upon delivery of that Purchase Order to the Purchaser or collection of that order by the Purchaser’s agent or courier (if applicable) as the case may be
Title to the goods the subject of a Purchase Order passes to the Purchaser free of encumbrances and all other adverse interests upon receipt by PointPod of payment in full of the Total Price. Until such title passes to the Purchaser, PointPod holds a security interest in the goods and all proceeds from the sale of the goods as contemplated under the Personal Property Security Act 2009 (Cth).
Term & Termination
This Agreement commences upon the execution of a Purchase Order or submission of a Purchase Order by the Purchaser to PointPod and ends when terminated in accordance with any express right of termination set out in this Agreement.
In the absence of any breach of this Agreement and provided manufacturing of a Purchase Order has not commenced, the Purchaser may terminate this Agreement by providing at least 30 days’ written notice to PointPod. Where the Purchaser terminates this Agreement by written notice the Purchaser will not be entitled to a refund of any Deposit paid to PointPod.
Either party may terminate this Agreement if the other party is in material breach of any of its obligations under this Agreement.
Exercise of the right of termination afforded to either party under this clause will not prejudice the legal rights or remedies which either party may have against the other in respect of a breach of any term, condition or warranty of this agreement.