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Terms & Conditions of Quotation

In these Terms and Conditions of Quotation, “Tiger Tek Pty ltd” means Tiger Tek Pty ltd ABN 39 101 499 852, and its “related bodies corporate”, as that phrase is defined in the Corporations Act 2001 (Cth), “Customer” means the customer to whom the quotation is provided and “Products” means all goods and/or services (including delivery, supply, management and procurement services) quoted for supply by Tiger Tek Pty ltd to the Customer.

  1. Quotation: Any quotation provided by Tiger Tek Pty ltd is subject to the following Terms and Conditions (“Terms”). Any quotation given by Tiger Tek Pty ltd is merely an invitation for the placement of an order for the provision of Products and does not give rise to a binding contract between the parties. Tiger Tek Pty ltd reserves the right to vary or withdraw a quotation at any time prior to its written acceptance of a purchase order in accordance with clause 2 of these Terms. All quotations must be made by Tiger Tek Pty ltd in writing and Tiger Tek Pty ltd will not accept or be bound by any quotation or purchase order made or accepted verbally. By placing a purchase order, the Customer is deemed to have accepted these Terms.
  2. Terms of Sale: No purchase order in respect of any quotation binds Tiger Tek Pty ltd until it is placed by the Customer and accepted by Tiger Tek Pty ltd in writing. If a purchase order is placed by the Customer and accepted by Tiger Tek Pty ltd, all of the terms set out in this document and Tiger Tek Pty ltd’s Terms and Conditions of Sale in force from time to time, together with all orders placed by the Customer on Tiger Tek Pty ltd from time to time and accepted by Tiger Tek Pty ltd, and any other terms agreed in writing between the Customer and Tiger Tek Pty ltd from time to time, will be binding on the Customer and will merge with and form part of the contract between the Customer and Tiger Tek Pty ltd for the purchase of all Products by the Customer from Tiger Tek Pty ltd.
  3. Delivery: (a) Delivery dates are estimated in good faith by Tiger Tek Pty ltd and are based on information available at the date of quotation. Time shall not be of the essence in respect of any quotation or purchase order accepted by Tiger Tek Pty ltd. (b) Under no circumstances will Tiger Tek Pty ltd be liable for loss or damages for failure to deliver by the date specified in a quotation including, but not limited to, loss or damage suffered by the Customer under liquidated damages clauses. (c) If delivery is in installments, delay in delivery of any installment does not relieve the Customer of its obligation to accept the remaining installments. (d) In the event that the Customer has exceeded the approved limit applying to the Customer’s credit facility with Tiger Tek Pty ltd, Tiger Tek Pty ltd may refuse to deliver any Products ordered by the Customer until the Customer’s account is within the approved limit.
  4. Pricing: (a) Tiger Tek Pty ltd may at its sole discretion increase the prices specified in a quotation up until the point of written acceptance of a purchase order. Tiger Tek Pty ltd may increase the prices specified in a quotation if there are fluctuations in material costs between the time of quotation and Tiger Tek Pty ltd’s written acceptance of a purchase order. (b) All prices quoted are, unless expressly stated otherwise, exclusive of GST and are subject to increases in the amount of any existing or new taxes imposed by Federal or State Authorities upon the manufacture, transportation and/or sale of the materials specified.
  5. Specification: (a) Any quotation given by Tiger Tek Pty ltd is based only on information or specifications received from the Customer and in Tiger Tek Pty ltd’s possession at time of quotation. (b) Tiger Tek Pty ltd does not warrant or make any representation that the Products will comply with any technical or other specifications provided by the Customer including quality, function performance or design. (c) Tiger Tek Pty ltd makes no representations as to the suitability of the materials for any purpose or that the Products are fit for any purpose whether or not Tiger Tek Pty ltd has been notified of such purpose. (d) Technical or other specifications provided by the Customer do not merge with and/or form part of any contract between the Customer and Tiger Tek Pty ltd for the purchase of Products by the Customer from Tiger Tek Pty ltd. (e) For the avoidance of doubt, Tiger Tek Pty ltd will not be responsible for any loss or damage suffered by the Customer in connection with specifications the Customer has provided including, but not limited to, loss or damage suffered in connection with the provision of the wrong specifications, superseded specifications or items not included in the specifications.
  6. Drawings: (a) General drawings, explanatory and illustrated literature and/or any other printed matter submitted for descriptive or explanatory purposes with any quotation prepared by Tiger Tek Pty ltd approximate only, and are not contract drawings or exact dimensions, detailed specifications or otherwise. (b) Any additional work required by the Customer or resulting from drawing alterations or other cause shall be requested in writing and subject to additional charges by Tiger Tek Pty ltd.
  7. Liability of Tiger Tek Pty ltd: (a) Subject to sub-clauses (b) and (c) below, Tiger Tek Pty ltd will not be liable for any loss or damage whatsoever suffered by the Customer as a result of any act, omission or statement made by Tiger Tek Pty ltd, its employees, contractors or agents whether negligent or not, except that nothing in these Terms limits any liability imposed by any statute unless or to the extent that it is lawful to do so. Without limiting the foregoing, any works, including rectification works are at the sole cost and expense of the Customer. (b) In respect of Products supplied by Tiger Tek Pty ltd to the Customer, subject to sub-clause (d), if the Customer is a Consumer, the liability of Tiger Tek Pty ltd however caused, suffered or incurred by the Customer because of a failure to comply with a Consumer Guarantee is limited, at Tiger Tek Pty ltd’s option, to replacement of the Product or supply of equivalent Product; repair of the Product; payment of the cost of replacing the Product or acquiring equivalent Product; or payment of the cost of having the Product repaired. (c) In respect of services supplied by Tiger Tek Pty ltd to the Customer, subject to sub-clause (d), if the Customer is a Consumer, the liability of Tiger Tek Pty ltd however caused, suffered or incurred by the Customer because of a failure to comply with a Consumer Guarantee is limited, at Tiger Tek Pty ltd’s option, to supplying the services again or payment of the cost of having the services supplied again. (d) Sub-clauses (b) and (c) do not apply if: it is not ‘fair and reasonable’ for Tiger Tek Pty ltd to rely on them in accordance with sections 64A(3) and (4) of the Australian Consumer Law; the Products are Consumer Goods; the services are Consumer Services; or the loss arises in relation to any guarantee pursuant to any of sections 51, 52 or 53 of the Australian Consumer Law.
  8. Effect of Other Terms: These Terms supersede all previous terms and conditions between Tiger Tek Pty ltd and the Customer.
  9. Assignment: Tiger Tek Pty ltd may assign the quotation without the prior written consent or knowledge of the Customer.
Terms & Conditions of Sale

 

1. Orders:
Tiger Tek Pty ltd may accept or reject any order for Products. Acceptance of an order may be in whole or in part, by delivery of the relevant Products or in such other manner communicated by Tiger Tek Pty ltd to the Customer, including where the Products are backordered. Where the order value is less than $55.00 (inclusive of GST), Tiger Tek Pty ltd may apply a handling fee. Notwithstanding that acceptance of an order has been communicated to the Customer, Tiger Tek Pty ltd may in its complete discretion refuse to supply the Products (or such part of the Products) at any time. Without limiting any other provision of these Terms, Tiger Tek Pty ltd is not liable for any loss or claim suffered by the Customer as a consequence of Tiger Tek Pty ltd taking such action.

2. Delivery:
Unless otherwise agreed, Tiger Tek Pty ltd will arrange for the delivery of the Products to the Customer. Risk of loss passes to the Customer on the earliest to occur of collection of the Products by the Customer from an Tiger Tek Pty ltd or other Tiger Tek Pty ltd specified location; delivery of the Products to the Customer or third party site designated by the Customer; or delivery of the Products by Tiger Tek Pty ltd to a carrier for the purpose of delivering the Products to the Customer or third party site. Delivery of Products to the Customer will be to a single site, unless otherwise agreed in writing by Tiger Tek Pty ltd and the Customer. Requests for proof of delivery may only be made within 30 days of the invoice date. If a request is not made within this time, Products are deemed delivered.

3. Pricing:
Prices for Products are those quoted by Tiger Tek Pty ltd in writing and are open for the period of time specified in the quotation or 30 days, whichever is the lesser. Otherwise, the prices for Products will be as set out in Tiger Tek Pty ltd’s then current quotation. Tiger Tek Pty ltd may charge delivery fees and storage fees for Products.

4. Payment:
The Customer must pay for all Products supplied by Tiger Tek Pty ltd within 30 days or time specified in the quote any longer period approved by Tiger Tek Pty ltd to the Customer. The Customer may not withhold, set-off or otherwise resist payment on any basis. Payment by credit card will incur a transaction fee.

5. Interest:
Tiger Tek Pty ltd is entitled to charge the Customer interest on amounts not paid within the specified credit period in an amount equal to 2% of the amount outstanding, calculated monthly from the invoice date until payment of the debt.

6. Discounts:
In addition to all other rights of Tiger Tek Pty ltd, if the Customer is in breach of any of its obligations under the Contract, any discounts, including settlement discounts, rebates or other economic benefits provided to the Customer by Tiger Tek Pty ltd are automatically revoked and the prices for Products will be adjusted upwards accordingly.

7. GST:
Each amount payable by the Customer under these Terms in respect of a Taxable Supply by Tiger Tek Pty ltd is a GST exclusive amount and the Customer must, in addition to that amount and at the same time, pay the GST payable in respect of that supply. “Taxable Supply” and “GST” have the meanings set out in the A New Tax System (Goods and Services) Act 1999 (Cth).

8. Withdrawal or Variation of Credit: Tiger Tek Pty ltd may, at any time, without the need to provide a reason and without any obligation on Tiger Tek Pty ltd to notify the Customer, increase, decrease or withdraw any credit facilities granted to the Customer.

9. Ownership:
(a) Title to and ownership of the Products do not pass until the Customer and all Related Bodies Corporate of the Customer have paid all moneys owing to Tiger Tek Pty ltd on any account in full.
(b) Until payment of all such moneys, the Customer holds the Products as fiduciary bailee and agent for Tiger Tek Pty ltd and must keep the Products physically separate from all other goods of the Customer, and clearly identified as owned by Tiger Tek Pty ltd.
(c) If an Event of Default occurs, then without prejudice to Tiger Tek Pty ltd’s other rights, Tiger Tek Pty ltd may on providing reasonable notice to the Customer, enter any premises occupied by the Customer or any other place where the Products may be, and recover possession of them. If the Products are on a third party site, the Customer must procure access rights for Tiger Tek Pty ltd from the controller of the third party site such that Tiger Tek Pty ltd may enter onto the site and recover and retake possession of them on reasonable notice.
(d) If the Customer sells any of the Products while money is owed to Tiger Tek Pty ltd, the Customer holds the proceeds on trust for Tiger Tek Pty ltd. Such proceeds shall be deemed to equal in dollar terms such corresponding part of the amount owed by the Customer to Tiger Tek Pty ltd at the time of receipt.
(e) If the Customer uses the Products in some manufacturing or construction process of its own or of some third party, then the Customer shall hold such part of the proceeds of such manufacturing or construction process as relates to such Products in trust for Tiger Tek Pty ltd. Such proceeds shall be deemed to equal in dollar terms the corresponding amount owing by the Customer to Tiger Tek Pty ltd at the time of receipt.
(f) Until payment of all moneys owing on any account to Tiger Tek Pty ltd, any proceeds referred to above received by the Customer must be held in a separate account and not mixed with any other funds.
(g) The rights of Tiger Tek Pty ltd under this clause 9 do not limit or exclude any other rights of Tiger Tek Pty ltd against the Customer.

10. Charge over Customer’s Property: As security for payment of all moneys payable to Tiger Tek Pty ltd by the Customer, the Customer charges in favour of Tiger Tek Pty ltd the whole of the Customer’s undertaking, property and assets (including, without limitation, all of the Customer’s interests both legal and beneficial in freehold and leasehold land) both current and later acquired. The Customer irrevocably appoints each Officer as its attorney to do all things necessary to register each such charge.

11. Security Interests:
(a) Terms that are defined in the Personal Property Securities Act 2009 (Cth) (“PPSA”) have the same meaning in this clause.
(b) The Customer agrees and acknowledges that, for the purposes of the PPSA, Tiger Tek Pty ltd has a security interest in the Products and in any right in relation to or derived from the Products and such other undertaking, property and assets of the Customer.
(c) Tiger Tek Pty ltd may register its security interests under clauses 9, 10 and 11.
(d) The Customer waives the right to receive a verification statement under the PPSA.
(e) The Customer agrees that, if Chapter 4 of the PPSA applies to the enforcement of Tiger Tek Pty ltd’s security interests, the following provisions of the PPSA will not apply to that enforcement: section 95, to the extent that it requires Tiger Tek Pty ltd to give a notice to the Customer; section 96; section 130, to the extent that it requires Tiger Tek Pty ltd to give a notice to the Company; subsection 132(3)
(d); subsection 132(4); section 135; section 142 and section 143.
(f) Subject to subsection 275(7) of the PPSA, neither party may disclose information of the kind referred to in subsection 275(1) of the PPSA.

12. Suspension or Ceasing of Supply:
(a) Tiger Tek Pty ltd may in its complete discretion and without incurring any liability to the Customer, cease or suspend supply of Products to the Customer even if an order is part fulfilled.
(b) Without limiting sub-clause (a) or any other rights Tiger Tek Pty ltd has, if an Event of Default occurs Tiger Tek Pty ltd may, without prejudice to its other rights, call up moneys owed to it by the Customer, retain all moneys paid on account, or cease further deliveries and recover from the Customer all loss of profits arising therefrom, and/or enter onto any premises where Products are located and with the full cooperation and assistance of the Customer and retake possession of any Products. Where the Products are located on a third party site, the Customer must procure access for Tiger Tek Pty ltd or its representatives.

13. Liability of Tiger Tek Pty ltd:
(a) Subject to sub-clauses (b) and (c) below, Tiger Tek Pty ltd will not be liable for any loss or damage whatsoever suffered by the Customer as a result of any act, omission or statement made by Tiger Tek Pty ltd, its employees, contractors or agents whether negligent or not, except that nothing in these Terms limits any liability imposed by any statute unless or to the extent that it is lawful to do so. Without limiting the foregoing, any works, including rectification works are at the sole cost and expense of the Customer.(b) In respect of Products supplied by Tiger Tek Pty ltd to the Customer, subject to sub-clause (d), if the Customer is a Consumer, the liability of Tiger Tek Pty ltd however caused, suffered or incurred by the Customer because of a failure to comply with a Consumer Guarantee is limited, at Tiger Tek Pty ltd’s option, to replacement of the Product or supply of equivalent Product; repair of the Product; payment of the cost of replacing the Product or acquiring equivalent Product; or payment of the cost of having the Product repaired. (c) In respect of services supplied by Tiger Tek Pty ltd to the Customer, subject to sub-clause (d), if the Customer is a Consumer, the liability of Tiger Tek Pty ltd however caused, suffered or incurred by the Customer because of a failure to comply with a Consumer Guarantee is limited, at Tiger Tek Pty ltd’s option, to supplying the services again or payment of the cost of having the services supplied again. (d) Sub-clauses (b) and (c) do not apply if: it is not ‘fair and reasonable’ for Tiger Tek Pty ltd to rely on them in accordance with sections 64A(3) and (4) of the Australian Consumer Law; the Products are Consumer Goods; the services are Consumer Services; or the loss arises in relation to any guarantee pursuant to any of sections 51, 52 or 53 of the Australian Consumer Law.

14. Warranties:
(a) This clause does not apply to a Customer who is a Consumer. Otherwise, the Customer acknowledges and agrees that it has not relied on any representation made by Tiger Tek Pty ltd which has not been expressly stated in these Terms. Any representation, advice, recommendation, information or assistance provided by Tiger Tek Pty ltd in relation to the Products supplied or their use or application must not be relied upon by the Customer and the Customer acknowledges and agrees that it is the Customer’s responsibility to satisfy itself as to the appropriate use or application of the Products and that the Products are suitable for any particular purpose. Any description of our Products including any specifications, diagrams, samples or drawings are approximate and are given by way of identification only. Without limiting this sub-clause (a), the use of that description does not constitute a sale by description and does not form part of the Contract. The Customer indemnifies Tiger Tek Pty ltd against all loss, cost, expense, demand, claim or liability suffered or sustained by Tiger Tek Pty ltd in connection with any act or omission of the Customer including but not limited to negligence of the Customer or any unauthorised representation made or warranty given by the Customer in connection with the Products. (b) This clause does not apply to a Customer who is a Consumer. Otherwise, the Customer will have no claim for defects in respect of any Products apparent on inspection unless a written complaint is received by Tiger Tek Pty ltd within 7 days of receipt of the Products by the Customer, which complaint identifies the defect. Tiger Tek Pty ltd will, at its option, accept the return of, or give a credit for Products where: the Customer has complied with this sub-clause (b); Tiger Tek Pty ltd is satisfied as to the claim by the Customer; in the case of Products that have at the request of the Customer been specifically sourced, the supplier of such Products will accept return of the Products for credit; and, if Tiger Tek Pty ltd elects to have the Products returned, the Products are returned to Tiger Tek Pty ltd in the same condition as when first delivered to the Customer with the relevant invoice number and date of order. Tiger Tek Pty ltd will not accept the return of or give credit for Products supplied in cut lengths or otherwise fabricated to Customer specifications or requirements. Tiger Tek Pty ltd may, at its sole discretion, accept the return of, or give credit for, Products that are not damaged or defective if requested by the Customer. All Products returned are subject to a minimum handling charge of 20% of the invoiced price except in the case of defective Products or Products incorrectly supplied. In the case of buy-ins against Customer orders, credit will only be allowed if the original manufacturer/supplier also accepts the return.

15. Certification:
A statement signed by an Officer certifying the amount of any moneys payable by the Customer or identifying any Products as “unpaid for” is, in the absence of manifest error, conclusive and binding on the Customer. A text or electronic mail message from Tiger Tek Pty ltd to the Customer constitutes a statement by an Officer for the purposes of this clause.

16. Notification of Change of Details:
The Customer will notify Tiger Tek Pty ltd of any change in its ownership, structure or management, including any change of director, shareholder or beneficiaries, or any change in partnership or trusteeship within 7 days of the date of change.

17. Provision of Financial Information:
The Customer will supply, promptly on request of Tiger Tek Pty ltd and, in any event no later than 5 days after such a request is made, certified copies of its most recent financial statements (including management accounts, if required), tax returns and any other financial information of the Customer requested by Tiger Tek Pty ltd.

18. Intellectual Property:
These Terms do not give the Customer any intellectual property rights in the Products. Tiger Tek Pty ltd is not liable to the Customer for any infringement or unauthorised use of intellectual property rights.

19. Effect of Other Terms:
These Terms supersede all previous terms and conditions between Tiger Tek Pty ltd and the Customer. No terms of the Customer apply to any agreement between the Customer and Tiger Tek Pty ltd.

20. Amendment to Terms:
Tiger Tek Pty ltd may amend these Terms from time to time without reference to the Customer and such Terms, as amended, will apply from such date. The current Terms are available on the Tiger Tek Pty ltd’s website. The Customer agrees that any orders placed with Tiger Tek Pty ltd are subject to the Terms displayed on the website as at the date the order is accepted by Tiger Tek Pty ltd.

21. Expenses:
The Customer must pay to Tiger Tek Pty ltd any costs, charges and expenses (including all stamp duty and legal fees calculated on a full indemnity basis) incurred by Tiger Tek Pty ltd in connection with the entry into these Terms, the exercise or attempted exercise of any power, right or remedy under these Terms, and the failure of the Customer to comply with these Terms.

22. Trusts:
These Terms bind the Customer both personally and as trustee of any trusts of which the Customer is trustee.

23. Severance:
Each clause and sub-clause of these Terms is separate and independent. If any clause or sub-clause is found to be invalid or ineffective, the other clauses or sub-clauses or parts will not be adversely affected.

24. Application of Laws:
The parties submit to the non-exclusive jurisdiction of the courts of the state of Western Australia.

25. Set-Off:
Tiger Tek Pty ltd may set-off amounts owing by Tiger Tek Pty ltd to the Customer or the Customer’s Related Bodies Corporate against moneys owing by the Customer to Tiger Tek Pty ltd on any account. Tiger Tek Pty ltd’s right of set-off does not exclude or limit the Customer’s obligations (including to pay) in any way. The Customer may not set-off.

26. Assignment:
Tiger Tek Pty ltd may assign the Contract without the prior written consent or knowledge of the Customer.

27. Definitions:
In these Terms unless the context requires otherwise: (a) “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State Fair Trading Acts; “Consumer” has the meaning given to it in the Australian Consumer Law; “Consumer Goods” means goods of a kind ordinarily acquired for personal, household or domestic use or consumption, as that expression is used in the Australian Consumer Law; “Consumer Guarantee” means the guarantees provided in Chapter 3, Division 1 of the Australian Consumer Law; and “Consumer Services” means services of a kind ordinarily acquired for personal, household or domestic use or consumption, as that expression is used in the Australian Consumer Law; (b) “Event of Default” means any of the following events: (i) the Customer fails to pay for the Products; (ii) the Customer is in breach of these Terms; (iii) if the Customer is a company: an order is made or a resolution is effectively passed for winding up of the Customer; the Customer resolves to appoint a receiver or provisional liquidator or an administrator, or a receiver or provisional liquidator or an administrator is appointed; the Customer goes into liquidation or makes an assignment or an arrangement or composition with its creditors; the Customer stops payment or is deemed unable to pay its debts within the meaning of the Corporations Act 2001 (Cth);(iv) if the Customer is a natural person, an order is made for the Customer’s bankruptcy, or the Customer dies or becomes mentally or physically incapable of managing his or her affairs or an order is applied for or made to place the assets and affairs of the Customer under administration (v); the Customer ceases or threatens to cease carrying on business; (vi) Tiger Tek Pty ltd forms an opinion, on a reasonable basis, that any of the foregoing are likely to occur (c) “Officer” means each director, secretary, manager and authorised representative of Tiger Tek Pty ltd; (d) “Tiger Tek Pty ltd” means Tiger Tek Pty ltd Pty Ltd and its Related Bodies Corporate or any one or more of them as the context permits or requires; (e) “Products” means all goods and/or services (including delivery and cutting services) supplied or to be supplied by Tiger Tek Pty ltd to the Customer; (f) “Related Bodies Corporate” has the same meaning as in the Corporations Act 2001 (Cth).

28. Related Bodies Corporate:
The Customer acknowledges that: (a) Tiger Tek Pty ltd enters this Contract on its own behalf and for the benefit of each of Tiger Tek Pty ltd’s related bodies corporate, as that phrase is defined in the Corporations Act 2001 (Cth), or any one or more of them as the context permits or requires; (b) the benefit of this Contract is held by Tiger Tek Pty ltd on its own behalf and on trust for each Tiger Tek Pty ltd Group member; (c) Tiger Tek Pty ltd may enforce and recover under this Contract for and on behalf of any Tiger Tek Pty ltd Group member; (d) Tiger Tek Pty ltd is free to make any amendments to these Terms without reference to an Tiger Tek Pty ltd Group member.

29. Anti-Corruption:
The Customer hereby undertakes that at the date of entering into this Contract, the Customer, its directors, officers or employees have not offered, promised, given, authorised, solicited or accepted any undue pecuniary or other advantage of any kind (or implied that they will or might do any such thing at any time in the future) in any way connected with the Contract, and that the Customer has taken reasonable measures to prevent subcontractors, agents or any other third parties, subject to its control and determining influence, from doing so. The Customer hereby agrees that, at all times and in connection with and throughout the course of the Contract and thereafter, it will comply with and that it will take reasonable measures to ensure that its subcontractors, agents or other third parties, subject to their control or determining influence, will comply with all applicable laws and regulations preventing bribery and corruption. Further details regarding Tiger Tek Pty ltd’s policies and procedures in respect of anti-corruption can be found on the website available at our code of conduct policy.

Terms & Conditions of Purchase Order

1. Purchase Order Terms and Conditions

These conditions together with any specification and special conditions provided by Tiger Tek Pty ltd in connection with the supply of the goods or services (“the Contract Documents”) and this purchase order shall constitute the contract documents and the entire terms of the Agreement.

2. The General Scope of Purchase Order Contract

This Purchase Order requires the Supplier to:

2.1 Supply goods or services as nominated as to sizes, quantities and types;

2.2 Ensure that the goods or services delivered comply with the quality, size and nature specified in any Contract documents or correspondence agreed by the Tiger Tek Pty ltd’s representative officer.

2.3 Supply the same for the amount or at the rates of charge referred to in this Purchase Order;

2.4 Comply in all respects with the Contract Documents (if applicable) concerning the sale, supply, delivery and payment of goods and services on this Purchase Order;

2.5 No goods will be paid for, received or acknowledged without the issue to the Supplier of an official Purchase Order; and

2.6 Provide Tiger Tek Pty ltd with a compliant tax invoice that complies with the relevant tax legislation.

3. Delivery

This Purchase Order requires the Supplier to:

3.1 Delivery shall be made to such locations and at such time as shall be nominated by the Tiger Tek Pty ltd in this purchase order.

3.2 Upon delivery the Materials shall be accompanied by a delivery document with the Tiger Tek Pty ltd’s order number nominated thereon. A separate tax invoice shall be sent to Tiger Tek Pty ltd as soon as possible which shall state clearly the contents of the delivery, pricing including freight costs, and Tiger Tek Pty ltd’s order number and the requesting officer’s details.

3.3 The Price shall be inclusive of all freight insurance and other charges in or in connection with the forwarding of the goods or services to the Tiger Tek Pty ltd.

3.4 All elements of the goods or services delivered by the Supplier shall be at the risk of the Supplier and no liability to pay for them shall arise until that element of the goods or service are approved by Tiger Tek Pty ltd and delivery is accepted in writing or by counter-signature.

3.5 Should the supplier be at fault in the completion of a service or delivery as specified, upon return of any such element of the goods which are not acceptable to Tiger Tek Pty ltd the Supplier shall reimburse Tiger Tek Pty ltd for:

  (a) Any amounts paid by Tiger Tek Pty ltd on account of the price of the returned elements of the goods ; and

  (b) Any costs incurred by Tiger Tek Pty ltd in connection with the delivery or return of the relevant element of the returned goods.

3.6 The Supplier acknowledges that Tiger Tek Pty ltd may terminate this Agreement if the Supplier does not provide the Goods and/or the Services within the date specified on the Purchase Order and Tiger Tek Pty ltd shall not be liable to pay for any Goods and/ or Services which are delivered outside of the date specified on the Purchase Order (unless each of the parties have agreed in writing to extend the date).

4. Acceptance of Goods

All goods are accepted subject to checks and inspection with Tiger Tek Pty ltd reserving the right to return any faulty or unsuitable item(s) and withhold payment for the returned items.

Tiger Tek Pty ltd is only obliged to accept delivery of such goods or services that comply with the Purchase Order or Contract Documents.

All freight, insurance and other charges whatsoever in connection with the return of the goods or services and the delivery of a further supply of the goods or services shall be paid and borne by the Supplier.

5. Warranty

The Supplier warrants that all goods and services provided to Tiger Tek Pty ltd:

5.1 Conform to the relevant description of the same contained in the Contract Documents or Purchase Order;

5.2 Shall be of good merchantable quality and for the known purpose for which they are sold;

5.3 Are new (unless otherwise specified); and

5.4 Are free from all liens and encumbrances and the Supplier has a good marketable title thereto; shall be delivered by the due delivery date specified on this purchase order.

These warranties are in addition to any warranty or guarantee provided by the Supplier in respect of the relevant element of the Materials or implied by law.

6. General Matters and Definitions

6.1 Unless otherwise provided all references to sums of money shall be in terms of Australian currency, all documents and communications shall be in the English language and all references to measurements, quantities, dimensions and units shall be in terms of Commonwealth legal units.

6.2 The Supplier shall indemnify and keep indemnified the Tiger Tek Pty ltd from and against any liabilities, damages, remedies, losses, penalties, fines, costs, expenses (including reasonable legal fees and expenses), demands, claims and proceedings of any nature incurred by Tiger Tek Pty ltd and arising directly or indirectly out of or in connection with:

  (a) Any claim or suit for alleged infringement of patents or copyright relating to any use or sale of Goods or;

  (b) The failure of the Goods or Services to conform to or fulfil any term or condition of this Agreement; or

  (c) The Supplier’s performance or non-performance (including the performance or non-performance of any of the Supplier’s employees, contractors or agents) of this Agreement including claims for personal injuries, death and property loss or damage and the claims or liens of workmen or suppliers of goods, except where such injury, death, damage or loss arises solely from the willful misconduct of Tiger Tek Pty ltd or the employees or agents.

6.3 The Supplier shall ensure that its supply and delivery of the goods or services satisfies all of the requirements of all relevant Western Australian and Commonwealth Acts of Parliament and all ordinances, regulations, by-laws, orders and proclamations made that are relevant to the purchase.

7. Assignment

The Supplier shall not, without the prior written approval of Tiger Tek Pty ltd, assign the Contract or assign, mortgage, charge, encumber any of the moneys payable under this Purchase Order.

8. Insurance

The Supplier warrants that it has obtained and maintains throughout the duration of this Agreement (including any Defects Liability Period) all applicable insurance cover(s) required by Australian law (Municipal, State and Commonwealth) and by this Agreement including but not limited to the following:

  (a) Goods; Transit and Material Damage Insurance (including freight and other charges), up until title and risk in the goods pass to Tiger Tek Pty ltd; and

  (b) Where this Agreement includes the provision of Services which includes the giving of professional advice or instruction, design, formula or specification, the Supplier must effect and maintain throughout the term of this Agreement and for a period of not less than three (3) years after termination of the Agreement or completion of the Supplier’s obligations under the Agreement, Professional Indemnity insurance with a minimum cover of not less than five (5) million dollars ($5,000,000) for any one claim.

9. Terms of Payment

Tiger Tek Pty ltd shall pay the Price to the Supplier as soon as practicable on receipt of Invoice subject to:

9.1 The Price being in accordance with the Contract Documents;

9.2 The Goods and/or Services being received and accepted by Tiger Tek Pty ltd as satisfying the Purchase Order Specification or Contract Documents;

9.3 A correct purchase order number being quoted on the tax invoice; and

9.4 Subject to any right of Tiger Tek Pty ltd to retain, withhold, reduce or set-off any amount due to the Supplier, Tiger Tek Pty ltd must pay all Invoices that comply with this purchase order contract within 28 days (or such other period as Tiger Tek Pty ltd’s Representative and Supplier agree) of the invoice date (as the case may be).

10. No Waiver

No failure or delay on the part of a party to exercise any right or remedy hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any such right or remedy preclude any other further exercise thereof or exercise of any right or remedy.