Terms and Conditions
Our customers are important to us and we want to ensure we provide the best possible customer experience, therefore we have some terms and conditions to facilitate this.
1. INTERPRETATION – IN THESE CONDITIONS:
- “Buyer” means the purchaser of the goods and/or services and includes the directors, employees and agents of the Buyer.
- “Seller” means Yellowhouse.net Pty Ltd (ABN 99079234405) or Academy1 Pty Ltd (ABN 47141570961) trading as Yellowhouse which is the seller of the Goods or Goods and/or Services to the Buyer. Yellowhouse includes the directors, employees and agents of the Seller.
- “Goods and/or Services” means any goods and/or services to be supplied by the Seller to the Buyer in any Order.
- “Order” means the order for any Goods and/or Services constituted in any verbal or written communication between the Buyer and Seller.
- “GST” means any goods and services tax applicable to the Goods and/or Services.
2. GENERAL
- The placing of an Order by the Buyer includes acceptance of these Terms and Conditions to the exclusion of any conditions of sale appearing on any document of the Seller.
- Alternatively, a mutually agreed contact may be used to govern the relationship between the Buyer and the Seller.
- No change to any Order is to be made by the Buyer without the written agreement of the Seller.
3. PRICE
- Any Order is placed on a firm price basis in accordance with the price listed in the Order and is not subject to any increases in price without the Buyer’s prior approval in writing.
- Unless otherwise stated, all prices quoted by the Seller are exclusive of GST; and exclusive of delivery to the destination in the Order and the offloading of goods by the Seller at the point of destination.
- The Seller will deliver the Goods and/or Services to the timetable agreed between the parties in the Order.
- It is agreed that the Seller shall not be responsible for the delay in delivery caused by, or in any way incidental to force majeure, an act of god, war, fire, breakages of machinery or strikes.
4. DELIVERY
- The Seller will deliver the Goods and/or Services to the timetable agreed between the parties in the Order.
- It is agreed that the Seller shall not be responsible for the delay in delivery caused by, or in any way incidental to force majeure, an act of god, war, fire, breakages of machinery or strikes.
5. SPECIFICATIONS
The Seller agrees to ensure that the Goods and/or Services are in accordance with and conform to any specifications, drawings, samples or other description (if any) furnished by the Buyer to the Seller.
6. WARRANTIES
The Seller warrants that the Goods and/or Services will:
- be fit for the purpose for which the Goods and/or Services of the same kind are commonly supplied and any other purpose made known to the Seller;
- be of merchantable quality and be free from defect in material and workmanship.
7. PAYMENT
The Seller will send a properly rendered Tax Invoice to the Buyer. A Tax Invoice will not be deemed to have been properly rendered unless it:
- Specifies the Purchase Order or Order Form;
- Details the appropriate Buyer;
- Provides sufficient detail to enable the Buyer to assess what Goods and/or Services the Seller has provided to the Buyer; and
- Qualifies as a Tax Invoice under the Tax Legislation (for example including but not limited to ABN, with identification of GST, etc)
Trading terms are fourteen (14) days from the end of the month cycle.
For some Consulting and Training, we may request part-payment in advance; or progress payments.
8. RESPONSIBILITY
The Goods are at the Seller’s risk until delivered to the destination stated in the Order. Nothing in the conduct of the Buyer or the transfer of the property in the goods (including delay that is or is not the fault of the Buyer or any person who represents the Buyer) alters the incidence of risk under this clause. Title to the Goods will only pass from the Seller to the Buyer upon delivery to the destination stated in the Order.
9. INDEMNITY AND INSURANCE
- The Seller shall, at its own risk, provide the Goods and/or Services in accordance with these Terms and Conditions, and in so doing, shall comply with the provisions of all statutes, regulations, ordinances or by-laws and the requirements of any local or other authority.
- The Seller will at all times hold and maintain insurance, at industry accepted levels, for workers’ compensation, public liability and professional indemnity (if applicable). The Seller will immediately, upon request, supply to the Buyer certificates of currency for the insurances held.
10. CONFIDENTIALITY
The Seller shall not, without the prior written approval of the Buyer, make public or disclose to any third person:
- The fact that the Seller has entered into these Conditions with the Buyer; or
- Any information concerning the business or operations of the Buyer.
11. SUB-CONTRACTING
The Seller shall not sub-contract the whole or any part of the Seller’s obligations under these Conditions of Trade except:
- With the prior written consent of the Buyer; or
- On such conditions as the Buyer thinks fit.
12. JURISDICTION
These Conditions will be governed by and construed in accordance with Queensland Law. The parties submit to the non-exclusive jurisdiction of the Courts and Tribunals of the State of Queensland.
13. EXAM TERMS AND CONDITIONS