Basic Terms of Use
Welcome to alkacoatings.com.au. By using one of our websites (“Site”), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern the relationship between you and Alka Dreams Pty Ltd, provider of the Site, in your use of the Site. The terms “Provider” or “us” or “we” refer to the owner of the Site, Alka Dreams Pty Ltd. The term “you” refers to the user or viewer of our site.
The use of the Site is subject to the following terms of use:
The content of the pages of the Site and information available on the Site is for your general information and use only. It is subject to change without notice.
Your use of any information or materials on the Provider Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
Additionally, by accessing and using our Site, you agree to be bound by the terms found in our Privacy Policy which can be accessed by the following link
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Provider and/or other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Provider Site may give rise to a claim for damages and/or be a criminal offense.
This Site may provide links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or control the content on a linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site.
Unless otherwise specifically stated, all content, products and services on the Site, or obtained from a Site to which the Site is linked (a “linked Site”) are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site by any party other than Provider, (b) any content provided on linked Sites or (c) the capabilities or reliability of any product or service obtained from a linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Site or a linked Site, or your reliance on any product or service obtained from a linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
The information, software, products and descriptions of services published on the Site or a linked Site may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content on the Site at any time without notice. Provider may make improvements or changes to the Site at any time.
You agree that Provider, its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a linked Site, or with the delay or inability to use the Site or a lined Site, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
The Provider may contract with other companies or individuals in order to provide you services. You agree that the Provider cannot be held liable for any actions or inactions of any contractor used by the Provider in connection with providing you services.
It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Provider of any unauthorized uses of your user name and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
The Provider may terminate your access to the Site without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of the Basic Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
Your use of the Provider Site and any dispute arising out of such use of the Site is subject to the laws of the State of Massachusetts, United States of America and applicable federal law without regard to conflicts of laws principles. You agree that you will first attempt to resolve any concern or issue with the Provider or with the use of this website by communicating fully your concern with the Provider. Should communication with the Provider not resolve your concern or issue, you agree to submit your concern or issue to the courts of the State of Massachusetts, Suffolk County, within one year of the dispute arising. You also agree that the successful party in any court action will be entitled to payment of its reasonable attorney fees involved in reaching a final order.
These Basic Terms of Use and other referenced material are the entire agreement between you and the Provider with respect to the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Provider with respect to the Site and govern the future relationship regarding your use of the Site. You may choose to enter into a contract or proposal for production of goods with the Provider as a result of your use of this Site, and, if so, the terms of that contract or proposal, to the extent they differ from these Basic Terms of Use, will be controlling. If any provision of the Basic Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Basic Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Without limitation on any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use these Services, in whole or in part, including your right to use any Products, without providing any refund or cancelling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms. This includes, but is not limited to, any rude, harassing or other damaging statements that are made on any of the Provider’s websites directed to any other customers of the Provider.
STANDARD CONDITIONS OF SALE
1 DEFINITIONS
1.1 “COMPANY” shall mean Alka Dreams Pty Ltd (CAN 652 323 487) which is incorporated in New South Wales and its assigns or successors and each
corporation (within the meaning of that term and section 9 of the Corporations Law) which is now or may later be taken to be related to Alka Dreams Pty Ltd (CAN 652 323 487) (within the meaning of section 50 of the Corporations Law) from which the Purchaser purchases goods.
1.2 “COSTS” includes costs on the basis of solicitor and own client and any GST on such costs.
1.2 “GOODS” means chemical and chemical building products supplied by the Company, and any other products or services which the Company offers or supplies from time to time.
1.4 “GST” means any tax, impost or duty, including any goods and services, consumption, value added or similar tax applying on goods, services, or other things introduced by the Commonwealth, a State or Territory which is charged or levied on goods, services or other things.
1.5 “INSOLVENCY EVENT” is treated as occurring when:
1.5.1 Except for the purposes of a solvent reconstruction or amalgamation previously approved by the company in writing:
1.5.1.1 An application or an order is made, proceedings are commenced, a resolution is passed or proposed in a Notice of Meeting or an Application to a Court or other steps are taken for the winding up, dissolution, or voluntary administration of the Purchaser; or
1.5.1.2 The Purchaser enters into any arrangement, compromise or composition with or assignment for the benefit of its creditors or any class of them;
1.5.2 The Purchaser ceases, suspends, or threatens to cease or suspend the conduct of its business or disposes of or threatens to dispose of its assets other than in the ordinary
course of its business;
1.5.3 The Purchaser is, or is treated, under any applicable legislation as,
unable to pay its debts when they fall due (other than as a result of the failure to pay a debt or claim the
subject of a good faith dispute) or stops or suspends or threatens to stop or suspend the payment of all or any class of its debts;
1.5.4 A receiver, a receiver and manager, administrator or similar officer is appointed to the Purchaser or any part of its property, or a distress, attachment, or other execution
as levied or enforced; or
1.5.5 (in the case of a Purchaser is a natural person) the Purchaser commits an act of bankruptcy.
1.6 “MONEY OWED” means all the money the Purchaser is liable to pay to the Company, now or in the future, conditionally or contingently, alone, together, or with any other person and for any reason, including any one or more of the following:
1.6.1 The price of Goods supplied under the Conditions of Sale;
1.6.2 The amount of credit from time to time which the company has extended to the Purchaser;
1.6.3 The costs or losses the Company incurs, including any costs or losses incurred if the Company exercises its rights (including its rights on default); and
1.6.4 The costs the Company incurs in recovering Money owed or Money owed under their guarantee, indemnity, charge or any related security.
1.7 “PREMISES” includes any location where Goods or hired equipment may be found, whether in the control of the Purchaser or not, such as a building site on which the Purchaser is working.
1.8 “PURCHASER” shall mean the person contracting with the Company for the supply of goods.
1.9 “THIS SUPPLY CONTRACT” means the contract under which the Goods are supplied.
2 RETENTION OF TITLE
2.1 The Purchaser must hold the Goods as the Company’s fiduciary agent and baillee.
2.2 The Purchase must keep the Goods separate from its own goods and those of third parties in a way which allows them to be readily distinguished, properly stored, protected and insured. The Purchaser must keep records of the Goods owned by the company.
2.3 Ownership of the Goods remains with the Company until the Money owed is paid in full.
2.4 Risk shall pass to the Purchaser on the delivery of Goods.
2.5 Until the Money owed is paid in full:
2.5.1 The Purchaser may re-sell the goods as fiduciary agent for the Company;
2.5.2 The Purchaser is to keep the proceeds of any re-sale of the Goods separate from its own and those of third parties and is to keep all tangible proceeds properly stored,
protected and insured; and
2.5.2 The Purchaser is to account to the Company for the proceeds of any re-sale of the Goods and any other proceeds tangible or intangible including insurance proceeds.
2.6 2.6.1 If the Purchaser re-sells the Goods it re-sells as principal to any sub-purchaser, and has no right to commit the Company to any contractual relationship or liability to any
third party; and
2.6.2 Between the Company and the Purchaser, the Purchaser must sell as fiduciary agent and bailee for the Company.
2.6.3 Any re-sale by the Purchaser must be in good faith, on commercially reasonable terms and in the ordinary course of the Purchaser’s business.
2.7 The Purchaser must not represent to any third parties that it is in any way acting for the Company, and must indemnify the Company against any claim, action, proceedings, damage,
loss, costs, expense or liability incurred or suffered by the Company arising out of any such representation.
2.8 The Company is to have power to appropriate payments for such goods and accounts as the company thinks fit, notwithstanding any purported, appropriation by the Purchaser to the contrary.
3 3.1 Until the Money is paid in full, if;
3.1.1 The Company receives notice of or reasonably believes that a third person may attempt to levy execution against the Goods; or
3.1.2 An Insolvency Event occurs,
then at the same time as that event and at that point of time the Company shall be treated as :-
(a) if it had intervened and exercised its rights to terminate the bailment set up in clause 2.1 and the permission to re-sell given in clause 2.5.1; and
(b) having had the right, from the same time as that event, without notice to the Purchaser and without prejudice to any other rights which it may have against the Purchaser,
to:
(i) Terminate any contract relating to the Goods;
(ii) Enter upon any premises owned or occupied by the Purchaser where the Company reasonably believes Goods may be stored;
(iii) Re-possess the Goods without being liable for any damages caused; and
(iv) Subsequently dispose of the Goods at the Company/s discretion;
(v) Retain the entire proceeds of any disposal, not exceeding the amount of the Money owed.
4 The Purchaser consents to allow the Company reasonable access to any premises in order to inspect the Goods at any time or to re-take possession of them in accordance with these conditions of sale.
5 The Purchaser is entitled to a period of grace of 30 days from the end of the month of the supply contract to pay free of interest, but shall account to the Company for the purchase price of the Goods immediately after the goods are on-sold and the proceeds of sale received, even though the grace period may not have expired.
6 The Purchaser agrees that the only terms, conditions and warranties which apply to this agreement are those which by law cannot be excluded or modified, or those which are contained in this document. All other terms, conditions and warranties, whether implied by common law or statute are expressly excluded.
7 LIMITATION OF LIABILITY
In the event that the Company is liable for breach of a condition or warranty which cannot by law be excluded or modified, the liability of the company is limited to any one of the following, at the option of the Company;
7.1 The replacement of the Goods or the supply of equivalent Goods;
7.2 The repair of the Goods;
7.3 The payment of the costs of replacing the Goods or of acquiring equivalent Goods;
7.4 The payment of the costs of having the Goods repaired.
8 PAYMENT
8.1 The Company shall invoice the Purchaser at the time of delivery of the Goods. All invoices for Goods and services supplied by the Company to the Purchaser shall be paid on the date of invoice
8.2 If invoices remain unpaid after a period of 30 days from the end of the month of the supply contract the Company is entitled to and will claim interest at the rate of ten percent per annum on all invoiced amounts unpaid.
9 No variation or alteration of these conditions shall have any effect unless the Company agrees in writing to such variations.
10 All quotations are to be regarded as invitations to treat and not as a firm offer made by the Company. Any purported acceptance of the quotation or tender is to be regarded as an offer subject to acceptance by the Company before a Contract is concluded. The Company reserves the right to correct any errors or omissions in its quotations prior to confirmation of agreement by the Company
11 Any information, recommendation or advice relating to the goods illustrated or described in catalogues and other literature supplied by the Company is not intended to constitute any condition or
warranty in the contract, but this clause shall not be construed as excluding any liability which by law cannot be excluded.
12 Any delivery or supply times quoted are estimates only and may be extended where the Company’s suppliers or subcontractors are delayed due to unforeseen circumstances.
13 The Company shall not be liable for any loss, injury or damage caused by or consequent upon any delay in delivery or non delivery of materials or parts for any cause whatsoever. The Company’s liability for any breach of an implied term under Section 74 of the Trade Practices Act is limited as set out in clause 7 (above).
14 The Company its employees or agents shall not be liable for any loss, injury or damage caused by or consequent upon any negligence arising out of any activities or advice given by or on behalf of the Company or for any other cause whatsoever. The Company’s liability for any breach of an implied term under Section 74 of the Trade Practices Act is limited as set out in clause 7 (above).
15 GOODS & SERVICES TAX
If a GST applies to any amount payable under this contract then:
15.1 No amount specified as payable by the Purchaser under this contract is inclusive of any GST applying to such payments
15.2 The Purchaser must pay to the Company, or as the company directs, the GST payable on the Money owed and other payments payable by the Purchaser under this contract.